Schedule 3 Drugs in Tennessee: Penalties and Protected Zones

Schedule 3 drugs in Tennessee are controlled substances with a moderate potential for abuse, including buprenorphine (Suboxone), ketamine, codeine combination products, anabolic steroids, and certain barbiturates and stimulants. Possessing one without a valid prescription is a Class A misdemeanor punishable by up to 11 months and 29 days in jail and a $2,500 fine. Selling, manufacturing, or delivering one is a Class D felony carrying 2 to 12 years in prison and a fine of up to $50,000.

Which Drugs Are Schedule III in Tennessee

Tennessee Code § 39-17-410 lists the specific substances in Schedule III. The ones people most commonly run into fall into a few groups.

Buprenorphine. Used to treat opioid dependence and chronic pain, buprenorphine and its salts are explicitly listed as Schedule III under § 39-17-410(e)(2). The FDA approved the buprenorphine-naloxone combination known as Suboxone for addiction treatment in 2002.¹

Ketamine. Hospitals use it as an anesthetic and, more recently, for treatment-resistant depression. The statute lists ketamine along with its salts and isomers.¹

Codeine combinations. Codeine lands on Schedule III only when the dosage unit contains no more than 90 milligrams and is combined with a non-narcotic active ingredient like acetaminophen. Pure codeine at higher concentrations is Schedule II, so the formulation determines the schedule.¹

Anabolic steroids. Synthetic derivatives of testosterone used medically for hormone deficiencies, these are closely monitored because of their misuse for athletic performance.¹

Depressants and stimulants. Barbiturate derivatives like butalbital (common in headache medications) and sedatives sit on the depressant side. Stimulants like benzphetamine and phendimetrazine, sometimes prescribed for weight management, round out the group.¹

Having any of these drugs with a valid, current prescription is legal. The criminal penalties below only apply when someone lacks that authorization.

Penalty for Possession Without a Prescription

Under Tennessee Code § 39-17-418, knowingly possessing or casually exchanging a Schedule III substance without a valid prescription is a Class A misdemeanor, the most serious misdemeanor class in the state.²

The maximum punishment is 11 months and 29 days in jail, a fine of up to $2,500, or both.³ For first-time offenders, judges often order drug education, treatment, or community service as part of probation rather than jail. Law enforcement generally distinguishes simple possession from distribution by looking at quantity, packaging materials, and any evidence of sales.

A conviction stays on your permanent criminal record and can affect employment, housing applications, and professional licensing, which matters especially in healthcare, education, and other licensed fields.

Judicial Diversion for First-Time Offenders

Tennessee Code § 40-35-313 lets judges defer proceedings for eligible defendants. Instead of entering a guilty verdict, the court places the person on probation with conditions like drug testing, treatment, or community service. Complete the conditions and the charge is dismissed without a conviction.⁴

To qualify, you generally cannot have a prior felony conviction, a prior Class A misdemeanor conviction that resulted in jail time, or a previous grant of judicial or pretrial diversion. The judge keeps discretion to deny the request based on the circumstances. Failing to raise diversion through counsel is one of the more common and avoidable mistakes in a first-time simple possession case.

Penalty for Selling, Manufacturing, or Delivering

Selling, manufacturing, or delivering a Schedule III controlled substance is a Class D felony under Tennessee Code § 39-17-417. Possessing a Schedule III drug with intent to distribute it draws the same charge. Older summaries occasionally list this as a Class C felony; the statute is clear that Schedule III violations are Class D.⁵

The prison range depends on your prior record. Tennessee’s general sentencing statute assigns offenders to one of three ranges:

Range I (standard offender): 2 to 4 years
Range II (multiple offender): 4 to 8 years
Range III (persistent offender): 8 to 12 years

These ranges come from Tennessee Code § 40-35-112.⁶

On top of prison time, § 39-17-417 authorizes a fine of up to $50,000 for a Schedule III manufacturing or distribution conviction. That is much higher than the standard $5,000 Class D felony fine cap under the general sentencing statute, because the drug statute specifically overrides the default.⁵

Enhanced Penalties Near Schools and Other Protected Zones

Tennessee Code § 39-17-432 increases penalties when a § 39-17-417 drug offense happens on school grounds or within 500 feet of a school, childcare center, public library, recreational center, or park. The offense bumps up one felony classification. For Schedule III distribution, the Class D felony becomes a Class C felony, which carries 3 to 15 years in prison and a general fine cap of up to $10,000 under the standard sentencing statute.⁷

The drug-free zone statute also authorizes additional fines on top of the enhanced classification. For a conviction enhanced to a Class C felony, that additional fine can reach $40,000. For a Class D felony conviction in a drug-free zone, the additional fine can be up to $20,000. These are maximums, not mandatory minimums, so the judge decides whether and how much to impose.⁷

One limit is worth noting. These enhancements apply to violations of § 39-17-417 (manufacturing, sale, and delivery), not to simple possession under § 39-17-418. The statute targets drug dealing near protected locations, not someone caught holding a personal quantity near a park.

Firearm and Licensing Consequences After a Conviction

A felony drug conviction brings consequences that reach well past the sentence itself. Under Tennessee Code § 39-17-1307, anyone convicted of a felony drug offense who then unlawfully possesses a firearm faces a separate Class C felony charge. A person convicted of distributing a Schedule III drug who is later found with a gun could face 3 to 15 years on the firearm charge alone, stacked on top of the original sentence.

Federal law adds another layer. Under 18 U.S.C. § 924(c), carrying or possessing a firearm during any drug trafficking offense triggers a mandatory minimum of 5 years in federal prison, served consecutively with the underlying drug sentence. Brandishing the weapon raises the mandatory minimum to 7 years, and discharging it raises it to 10.⁸

Beyond firearms, a felony drug conviction can disqualify you from federal student financial aid, public housing, and certain professional licenses. Even the Class A misdemeanor for simple possession can trigger disciplinary proceedings before healthcare licensing boards, teaching certification agencies, and similar bodies. These collateral consequences often cause more lasting harm than the jail time, which is why experienced defense attorneys push hard for diversion or reduced charges whenever the facts allow.

1
Justia. Tennessee Code 39-17-410 – Controlled Substances in Schedule III
2
Justia. Tennessee Code 39-17-418 – Simple Possession or Casual Exchange
3
Justia. Tennessee Code 40-35-111 – Authorized Terms of Imprisonment and Fines for Felonies and Misdemeanors
4
Justia. Tennessee Code 40-35-313 – Probation – Conditions – Discharge and Dismissal – Expunction From Official Records – Fee
5
Justia. Tennessee Code 39-17-417 – Criminal Offenses and Penalties
6
Justia. Tennessee Code 40-35-112 – Sentence Ranges
7
Justia. Tennessee Code 39-17-432 – Drug-Free School Zone – Enhanced Criminal Penalties for Violations Within Zone
8
Office of the Law Revision Counsel. 18 USC 924 – Penalties