HOUSE BILL NO. 603

By Representative Rhinehart

Substituted for: Senate Bill No. 902

By Senator McNally

AN ACT to amend Tennessee Code Annotated, Title 39, Chapter 17, Part 4, relative to controlled substances.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

SECTION 1. Tennessee Code Annotated, Section 39-17-406, is amended by deleting the word "or" at the end of subsection (f)(1); deleting the period "." at the end of subsection (f)(2) and substituting instead the language "; or"; and by adding the following new subsection (f)(3):

(3) Catha edulis (Khat or Chat) when cathinone is present.

SECTION 2. Tennessee Code Annotated, Section 39-17-412, is amended by deleting the word "or" at the end of subsection (e)(5); deleting the period "." at the end of subsection (e)(6) and substituting instead the language "; or"; and by adding the following new subsection (e)(7):

(7) Catha edulis (Khat or Chat) when cathinone is absent but cathine is present.

SECTION 3. Tennessee Code Annotated, Section 39-17-417, is amended by deleting subsection (e) in its entirety and by substituting instead the following:

(e) A violation of subsection (a) with respect to:

(1) Flunitrazepam is a Class C felony and, in addition thereto, may be fined not more than one hundred thousand dollars ($100,000); and

(2) Any other Schedule IV controlled substance is a Class D felony and, in addition thereto, may be fined not more than fifty thousand dollars ($50,000).

SECTION 4. This act shall take effect July 1, 1997, the public welfare requiring it.