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The State Laws of Tennessee

The State Laws of Tennessee

Disclaimer: 

Due to the fact that individual state laws are constantly subject to change, individuals are encouraged to consult an attorney prior to engaging in any activity, action, or event in which the expressed legality may come into question. Furthermore, individuals interested in attaining information with regard to individual state legislature are also encouraged to perform independent research in order to substantiate the relevancy and current state(s) of specific legislation. 

Tennessee Abortion Laws

Within the state of Tennessee, Abortion is defined as the purposeful termination of a pregnancy through procedural means. Subsequent to the decision of Roe v. Wade, abortion became legal within the United States – however, Tennessee state legislation expresses a variety of stipulations with regard to a legal abortion process:

•    A legal abortion may occur in the event that the protection and preservation of the life of the mother carrying a fetus is compromised as a result of a pregnancy; an abortion can take place in the first trimester upon medical and maternal consent – only a licensed medical doctor will be permitted to both review and perform cases of abortion within the state of Tennessee

•    An illegal abortion is deemed as an abortion process that occurs in the event that the health and wellbeing of the mother is not in danger; furthermore, an illegal abortion is defined as a procedure that occurs outside of legal, accepted, and authorized medical procedural protocol

•    Residency within the state of Tennessee is required

•    Individuals accused of performing illegal abortion procedures can be punished in accordance to Class Felonies

a.    Class C Felony: Unlawful Abortion, Purposeful Miscarriage

b.    Class E Felony: Abortion performed on an out-of-state resident, negligence subsequent to birth leading to the death of the infant born

c.    Class A Misdemeanor: Lack of adherence to restriction of consent with regard to a minor

Tennessee Marijuana Laws

Within the state of Tennessee, the possession of Marijuana – or Cannabis products – as well as the acts of growing or distributing marijuana without the expressed permission of the Tennessee State Government is a punishable, criminal offense. The following penalties are associated with Marijuana within the state of Tennessee:

Possession/Under the Influence of Marijuana

Individuals charged with possession of Marijuana exceeding 1 ounce can be charged for Drug Trafficking/Sale; individuals charged with possession of Marijuana exceeding ½ of an ounce may be charged with the intent to sell

1.    Amount: Any

•    Penalty: 1 year incarceration

•    Fines: $2,500

•    Classification: Misdemeanor

2.    Amount: Any (subsequent offense)

•    Penalty: varies

•    Fines: $250 – $1,000

•    Classification: varies

Cultivation of Marijuana

Supplementary Charges include Possession, Sale, and Sale to a minor with regard to Drug Paraphernalia; Marijuana charges may be subject to increase to the proximity to a school zone – sale to a minor may also incur additional fines and incarceration

3.    Amount: less than 10 plants (weighing ½ ounce to 10 pounds)

•    Penalty: 1 – 6 years’ incarceration

•    Fines: $5,000

•    Classification: Felony

4.    Amount: 10 – 19 plants

•    Penalty: 2 – 12 years’ incarceration

•    Fines: $50,000

•    Classification: Felony

5.    Amount: 20 – 99 plants

•    Penalty: 3 – 15 years’ incarceration

•    Fines: $100,000

•    Classification: Felony

6.    Amount: 100 – 499 plants

•    Penalty: 8 – 30 years’ incarceration

•    Fines: $200,000

•    Classification: Felony

7.    Amount: 500+ plants

•    Penalty: 15 – 60 years’ incarceration

•    Fines: $500,000

•    Classification: Felony

Sale of Marijuana

Supplementary Charges include Possession, Sale, and Sale to a minor with regard to Drug Paraphernalia; Marijuana charges may be subject to increase to the proximity to a school zone – sale to a minor may also incur additional fines and incarceration

1.    Amount: ½ ounce to 10 pounds

•    Penalty: 1 – 6 years’ incarceration

•    Fines: $5,000

•    Classification: Felony

2.    Amount: 10 – 70 pounds

•    Penalty: 2 – 12 years’ incarceration

•    Fines:  $5,000

•    Classification: Felony

3.    Amount: 70 – 300 pounds

•    Penalty: 8 – 30 years’ incarceration

•    Fines: $200,000

•    Classification: Felony

4.    Amount: 300 pounds +

•    Penalty: 15 – 60 years’ incarceration

•    Fines: $500,000

•    Classification: Felony

Medical Marijuana

Within the state of Tennessee, Medical Marijuana is considered to be illegal both for patient use and cultivation

Tennessee DWI and DUI Laws

Driving while intoxicated (DWI) and driving while under the influence (DUI) charges exist in the event that an individual ingests illegal drugs, alcohol, or controlled-substances, which may impair their respective ability to safely operate a motor vehicle; the following DUI and DWI laws exist within the state of Tennessee:

•    Zero tolerance laws exist in the event that an individual below the legal age permissible to consume alcohol is suspected to be unlawfully operating a motor vehicle; within the state of Tennessee, the Zero Tolerance Blood Alcohol Content Level (BAC) cannot exceed .02%

•    The BAC limit for individuals operating motor vehicles may not reach .08%; this can constitute a DUI or DWI offense

•    In Tennessee, supplementary penalties may be incurred due to BAC levels exceeding .20%

•    Implied consent is a legal instrument that is employed within the realm of a DUI Arrest that entails a verbal or written contract resulting from the willing participation in a regulated activity, such as the operation of a motor vehicle; within Tennessee, law enforcement agents are permitted to act in accordance with implied consent laws

•    Upon a DUI or DWI conviction, and individuals is subject to undergo the loss of driving privileges for a period of no less than 1 years’ time;  penalties can range upwards of 3 years in addition to the installation of an ignition interlock device

•    Upon a second DUI or DWI conviction, an individual is subject to undergo the confiscation of their vehicle 

Tennessee Gun Laws

A handgun is a firearm whose smaller size is fashioned to be used upon operation by one hand, which typically fire single round ammunition; within the state of Tennessee, handgun laws are as follows:

•    The sale, ownership, or possession of handguns with regard to convicted felons, individuals addicted to drugs or alcohol, minors, fugitives,  or individuals who have been in long-term care in a mental health facility is illegal in the state of Tennessee;  individuals carrying illegal weapons on their person during the time of a crime, aggravated assault can be attributed to any coinciding criminal convictions imposed

•    A 15 day waiting period for the purchase of a firearm exists in the state of Tennessee

•    Current listing or report of forearms considered to be illegal in the state of Tennessee: machine guns, altered firearms, explosives, explosive rounds, and silenced weapons

Tennessee Adoption Laws

In the state of Tennessee, an individual who has been deemed as a law-abiding citizen – above the age(s) of 18 – who is of sound mind and moral character is permitted to adopt a child:

•    Within the state of Tennessee, and individual must maintain residence for a period of no less than 1 year

•    Any individual may be adopted; children above the age(s) of 14 must express consent with regard to a potential adoption

•    Within the state of Tennessee, the Department of Children’s Services mandates all adoptions

•    The statute of limitations available to challenge an adoption is 1 years’ time subsequent to the adoption

Tennessee Employment and Labor Laws

•    Within the state of Tennessee, an expressed, mandatory minimum wage standard does not exist

•    State Holidays are listed as: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas – Veteran’s Day, Wyoming Equality Day, Martin Luther King, Jr.'s Birthday, and President’s Day result in the closing of public institutions only upon the decision set forth by the local board of trustees and government

•    Within the state of Tennessee, an individual’s employ cannot be terminated in the event that they report a violation or hazard taking place with regard to their respective employment – or place of employment

Tennessee Divorce Laws

Within the state of Tennessee, a divorce is defined as the termination of a marriage, which can occur upon a decision set forth by one or both partners involved in the marriage:

•    A divorce must be filed subsequent to 6 months residence within the state of Tennessee if the divorce manifested outside of the state; in the event that an individual –or individuals – were married in Tennessee and lived there on a continuous basis, a time constraint for filing does not exist

•    ‘No Fault’ divorce does exist on the grounds of irreconcilable differences; this occurs in the case of minor children present in tandem with a 2-year separation

•    Additional grounds for divorce can include cruelty, adultery, impotence, addiction, conviction of criminal activity, and insanity

Tennessee Death Penalty Laws

Within the state of Tennessee, Capital Punishment – or the Death Penalty – is legal; however, additional stipulations exist with regard to this procedure:

•    In the event of mental instability authorized by a court, capital punishment is disallowed

•    The minimum age permissible for a capital punishment sentence is 18

•    Within the state of Tennessee, homicide is considered to be the only crime punishable by death

•    The accepted means of capital punishment is lethal injection; electrocution can be selected if that conviction was set forth prior to 1/1/99

Tennessee Gambling Laws

Within the state of Tennessee, Gambling is defined as the purposeful risking of any or all assets, property or monies with the intention of gain; a primary stipulation exists that expressed that the individual retains no control of peripheral outcome(s) with regard to any wagers set forth:

•    Horse racing wagering is legal

•    Any and all unsanctioned structures and facilities intended to house gambling activity is deemed as illegal in the state of Tennessee

Tennessee Child Laws

Within the state of Tennessee, the following stipulations with regard to child laws and child custody are recognized:

•    Joint custody is permitted

•    The rights implied within grandparental visitation are recognized

•    The wishes of any or all children involves are taken into consideration with regard to a custody decision