2010 Tennessee Code
Title 53 - Food, Drugs And Cosmetics
Chapter 11 - Narcotic Drugs and Drug Control
Part 4 - Criminal Penalties and Enforcement
53-11-413 - Prior actions and pending litigation.
53-11-413. Prior actions and pending litigation.
(a) Prosecution for any violation of law occurring prior to July 1, 1971, is not affected or abated by part 3 of this chapter and this part, or former title 39, chapter 6, part 4 [repealed]. If the offense being prosecuted is similar to one set out in former §§ 39-6-417 39-6-419 [repealed], or in §§ 53-11-401 53-11-403, then the penalties under former §§ 39-6-417 39-6-419 [repealed], and under §§ 53-11-401 and 53-11-402 apply if they are less than those under prior law.
(b) Civil seizures or forfeitures and injunctive proceedings commenced prior to July 1, 1971, are not affected by part 3 of this chapter and this part, or former title 39, chapter 6, part 4 [repealed].
(c) All administrative proceedings pending under prior laws that are superseded by part 3 of this chapter and this part, or former title 39, chapter 6, part 4 [repealed], shall be continued and brought to a final determination in accordance with the laws and rules in effect prior to July 1, 1971. Any substance controlled under prior law that is not listed within Schedules I through VI is automatically controlled without further proceedings and shall be listed in the appropriate schedule.
(d) The board of pharmacy shall initially permit persons to register who own or operate any establishment engaged in the manufacture, distribution or dispensing of any controlled substance prior to July 1, 1971, and who are registered or licensed by the state.
(e) (1) Part 3 of this chapter and this part, and former title 39, chapter 6, part 4 [repealed], apply to violations of law, seizures and forfeitures, injunctive proceedings, administrative proceedings and investigations that occur after July 1, 1971, and before November 1, 1989.
(2) Part 3 of this chapter, this part and title 39, chapter 17, part 4 apply to violations of law, seizures and forfeitures, injunctive proceedings, administrative proceedings and investigations that occur on or after November 1, 1989.
[Acts 1971, ch. 163, § 40; T.C.A., § 52-1447; Acts 1990, ch. 883, § 2.]
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