2010 Tennessee Code
Title 39 - Criminal Offenses
Chapter 17 - Offenses Against Public Health, Safety and Welfare
Part 4 - Drugs
39-17-435 - Initiation of a process intended to result in the manufacture of methamphetamine.

39-17-435. Initiation of a process intended to result in the manufacture of methamphetamine.

(a)  It is an offense for a person to knowingly initiate a process intended to result in the manufacture of any amount of methamphetamine.

(b)  It shall not be a defense to a violation of this section that the chemical reaction is not complete, that no methamphetamine was actually created, or that the process would not actually create methamphetamine if completed.

(c)  For purposes of this section, “initiates” means to begin the extraction of an immediate methamphetamine precursor from a commercial product, to begin the active modification of a commercial product for use in methamphetamine creation, or to heat or combine any substance or substances that can be used in methamphetamine creation.

(d)  Expert testimony of a qualified law enforcement officer shall be admissible for the proposition that a particular process can be used to manufacture methamphetamine. For purposes of this testimony, a rebuttable presumption is created that any commercially sold product contains or contained the product that it is represented to contain on its packaging or labels.

(e)  A person may not be prosecuted for a violation of this section and of manufacturing a controlled substance in violation of § 39-17-417 based upon the same set of facts.

(f)  A violation of this section is a Class B felony.

[Acts 2005, ch. 18, § 10.]  
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