Tennessee Sale of a Controlled Substance: Laws & Penalties

If you're facing drug sale or delivery charges in Tennessee—or just want to understand the law—here's what you need to know. Like every state, Tennessee has tough laws about controlled substances. These laws cover selling, delivering, and distributing drugs, and the consequences can be severe, especially when aggravating circumstances are involved.

How Tennessee Defines Illegal Drug Sale and Delivery

In Tennessee, unlawfully selling or delivering drugs includes any transfer of an illegal substance from one person to another, except for a casual exchange. Casual exchanges are typically limited to a person sharing a small amount of drugs with someone for no payment.

Beyond a casual exchange, it's a sale or delivery to make the arrangements, take payment, agree to a price, or even have the drugs intending to sell or deliver them. For example, if someone has more drugs than a person would use themselves, plus things like baggies, scales, or a buyer list, a jury could conclude the person intends to sell the drugs.

(Tenn. Code § 39-17-402 (2025).)

Does Tennessee Have Tough Drug Sale and Delivery Laws?

All drug sale and delivery offenses in Tennessee are felonies that carry possible prison sentences ranging from one to 60 years, depending on the drug type and amount and the offender's criminal history. Certain offenders may be eligible for probation, but Tennessee has tough drug sale laws. Several provisions in the law eliminate or restrict probation eligibility for repeat offenders and offenses involving Schedule I and II drugs. The worst offenders won't get parole.

Tennessee has some of the harshest laws on sale and delivery of cocaine, meth, and fentanyl. If these drugs can be tied to a user's death, the seller will face second-degree murder charges. Drug sales involving weapons, gang members, and minors also carry harsh sentencing enhancements.

What Are the Penalties for Drug Sale Convictions in Tennessee?

The penalties depend on the type and amount of drugs, as well as the offender's criminal history.

Class A felony. The harshest penalties apply to large amounts of drugs like cocaine, heroin, meth, fentanyl, and LSD—in the range of more than 50, 150, or 300 grams of these types of drugs. This penalty also applies to sales or delivery of more than 300 pounds of marijuana or 500 or more plants. Convictions carry 15 to 60 years of prison time and up to $500,000 in fines.

Class B felony. The next harshest penalties apply to similar drugs but lesser amounts. A class B felony can mean 8 to 30 years of potential prison time and no probation. For smaller quantities, the fines go up to $100,000, but this amount doubles for larger quantities of cocaine, meth, heroin, fentanyl, LSD, and marijuana. This offense level also covers any Schedule I drug not listed elsewhere. Tennessee laws are especially harsh when it comes to cocaine, meth, and fentanyl—a ½ gram or more triggers class B felony charges.

Class C felony. Class C felony charges kick in when the drug involved is flunitrazepam (Rohypnol), xylazine, Schedule II drugs not otherwise listed, and less than ½ gram of cocaine, meth, or fentanyl. The possible punishment is 3 to 15 years of prison time and a $100,000 fine.

Class D felony. Illegal drug sales or delivery of Schedule III and IV drugs fall under the class D felony classification. This offense level also covers Salvia divinorun A and marijuana sales and delivery involving 10 to 70 pounds or 10 to 19 plants. A class D felony can mean 2 to 12 years of prison time and up to $50,000 in fines.

Class E felony. The lowest felony level applies to sales or delivery of Schedule V drugs, butyl nitrate, and ½ ounce to 10 pounds of marijuana. A convicted defendant faces one to six years of prison time and a maximum fine of $1,000 or $5,000.

(Tenn. Code §§ 39-17-417, 39-17-438, 39-17-456, 40-35-112, 40-35-303 (2025).)

What Factors Enhance Drug Sale Penalties in Tennessee?

Certain circumstances can make a drug sale charge even more serious:

• Selling to a minor or near schools, child care, parks, or similar areas can bump up your felony charge.
• If you're a repeat offender, or the sale is linked to gang activity, sentences might get longer or you might not qualify for parole or probation.
• Having a weapon during the sale, or if someone gets hurt or dies from drug use, can result in upgraded or additional charges and harsher penalties.
• A fourth or subsequent drug sale conviction for a class A or B felony will bump up not only the felony classification but also the sentencing range.

Many of these enhancements also increase the possible fine.

(Tenn. Code §§ 39-13-210, 39-17-417, 39-17-432, 39-17-1324,40-35-121, 40-35-501, 40-35-303 (2025).)

Tennessee's Drug Offender Registry

If you're convicted of a felony drug crime, your name, birthdate, conviction date, and location of offense will show up on Tennessee's Drug Offender Registry—and stay there for 10 years. This list is public and anyone can look it up.

(Tenn. Code § 39-17-436 (2025).)

Common Defenses to Drug Sale and Delivery Charges

If you find yourself facing drug sale or delivery charges, there are some defenses a lawyer might use.

Illegal search or seizure. If police found drugs during a search that wasn't legal, those drugs might not be allowed as evidence, which can make it much harder or impossible for the prosecution to win its case.

No delivery or distribution. Maybe you had the drugs, but didn't actually intend to sell or deliver them—that could mean lesser charges for possession.

Mistaken identity. Maybe you weren't the person involved. A strong alibi or a shaky eyewitness could bolster the argument that police got the wrong person.

Entrapment. Sometimes, police sting operations can trick people into committing crimes they wouldn't have otherwise. This is called entrapment. It can be a tough defense because police lying or tricking someone is not enough. Police actions must rise to the level of misconduct and go beyond providing criminal opportunity.

A good criminal defense attorney will know how to challenge the prosecution's case and advise you on possible defenses.

Getting Legal Help

If you're charged with a drug crime, speak to a criminal defense lawyer as soon as possible. If you can't afford your own attorney, you should ask for a public defender.