Attorney General Opinions 
Relating to County Government

2017 Law Enforcement

• Possession of the Kratom plant in its natural botanical form should not subject a person to potential criminal prosecution under Tennessee law. The Kratom plant in its natural botanical form is not a prohibited controlled substance under Tennessee law. Op. Tenn. Att’y Gen 17-55 (December 20, 2017).

• Under T.C.A. § 8-21-901, the sheriff is entitled to a $40 fee for a levy of execution and a $20 fee for other attempts to collect money to satisfy a judgment that are not properly characterized as a levy of execution, including garnishment and other processes employed by a sheriff in addition to or instead of a levy of execution.  Ops. Tenn. Att’y Gen. 17-47 and 17-48 (October 31, 2017).

• Candidates for election or appointment to the office of county sheriff must meet two requirements under T.C.A. § 8-8-102(a)(3).  First, the candidate must be a qualified voter of the county.  A “qualified voter” is defined in T.C.A. § 2-2-102 as a citizen of the United States who is at least 18 years of age and a resident of the state of Tennessee.  It does not require the candidate to be registered to vote.  Second, the candidate must have been a resident of the county for one full year before the qualification deadline.  Op. Tenn. Att’y Gen. 17-36 (August 30, 2017).

• Under T.C.A. § 62-35-103(a)(15)(A), the registration requirements of the Private Protective Services Licensing and Regulatory Act do not apply to companies that use or provide certified law enforcement officers to others exclusively for traffic control purposes within temporary work zones. The Commissioner of Commerce and Insurance has no authority to regulate, inspect, or investigate these companies.  Also, a law enforcement agency is not a “person” subject to that act.  Op. Tenn. Att’y Gen. 17-28 (April 11, 2017).