Tennessee Code Title 29. Remedies and Special Proceedings § 29-38-104




As used in this chapter, unless the context otherwise requires:

(1) “Illegal drug” means a drug, the distribution of which is a violation of state law;

(2) “Illegal drug market” means the support system of illegal drug related operations, from production to retail sales, through which an illegal drug reaches the user;

(3) “Illegal drug market target community” is the area described under § 29-38-109 ;

(4) “Individual drug user” means the individual whose illegal drug use is the basis of an action brought under this chapter;

(5) “Level 1 offense” means possession of one fourth ounce ( 1/4 oz.) or more, but less than four ounces (4 oz.), or distribution of less than one ounce (1 oz.) of a specified illegal drug;  or possession of one pound (1 lb.) or twenty-five (25) plants or more, but less than four pounds (4 lbs.) or fifty (50) plants, or distribution of less than one pound (1 lb.), of marijuana;

(6) “Level 2 offense” means possession of four ounces (4 oz.) or more, but less than eight ounces (8 oz.), or distribution of one ounce (1 oz.) or more, but less than two ounces (2 oz.), of a specified illegal drug;  or possession of four pounds (4 lbs.) or more or fifty (50) plants or more, but less than eight pounds (8 lbs.) or seventy-five (75) plants, or distribution of more than one pound (1 lb.), but less than five pounds (5 lbs.), of marijuana;

(7) “Level 3 offense” means possession of eight ounces (8 oz.) or more, but less than sixteen ounces (16 oz.), or distribution of two ounces (2 oz.) or more, but less than four ounces (4 oz.), of a specified illegal drug;  or possession of eight pounds (8 lbs.) or more or seventy-five (75) plants or more, but less than sixteen pounds (16 lbs.) or one hundred (100) plants or more, or distribution of more than five pounds (5 lbs.), but less than ten pounds (10 lbs.), of marijuana;

(8) “Level 4 offense” means possession of sixteen ounces (16 oz.) or more or distribution of four ounces (4 oz.) or more of a specified illegal drug;  or possession of sixteen pounds (16 lbs.) or more or one hundred (100) plants or more, or distribution of ten pounds (10 lbs.) or more, of marijuana;

(9) “Participate in the illegal drug market” means to distribute, possess with an intent to distribute, commit an act intended to facilitate the marketing or distribution of, or agree to distribute, possess with an intent to distribute, or commit an act intended to facilitate the marketing or distribution of an illegal drug.  “Participate in the illegal drug market” does not include the purchase or receipt of an illegal drug for personal use only;

(10) “Period of illegal drug use” means, in relation to the individual user, the time of the individual's first use of an illegal drug to the accrual of the cause of action.  The period of illegal drug use is presumed to commence two (2) years before the cause of action accrues, unless the defendant proves otherwise by clear and convincing evidence;

(11) “Person” means an individual, governmental entity, corporation, firm, trust, partnership, or incorporated or unincorporated association, existing under or authorized by the laws of this state, another state, or foreign country;

(12) “Place of illegal drug activity” means, in relation to the individual drug user, each state house of representatives legislative district in which the individual possesses or uses an illegal drug, or in which the individual resides, attends school, or is employed during the period of the individual's illegal drug use, unless the defendant proves otherwise by clear and convincing evidence;

(13) “Place of participation” means, in relation to a defendant in an action brought under this chapter, each state house of representatives legislative district in which the person participates in the illegal drug market, or in which the person resides, attends school, or is employed during the period of the person's participation in the illegal market;  and

(14) “Specified illegal drug” means cocaine, heroin, or methamphetamine, or any other drug the distribution of which is a violation of state law.





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