Rep. Spark's Bill Would Raise Felony Levels for Weapons, Drugs, and Cell Phones in Lockups

Mar 11, 2026 at 08:36 am by WGNS News


NASHVILLE, TN (WGNS) - State Rep. Mike Sparks (R) of Smyrna is pushing new legislation aimed at tightening Tennessee’s laws on contraband inside jails and prisons. His proposal, House Bill 1678, would increase penalties for anyone who knowingly and unlawfully brings banned items into a penal institution when that contraband leads to someone’s death.

The bill focuses on three major categories of contraband, each receiving a bump in felony classification. Weapons, ammunition, and explosives would move from a Class C to a Class B felony. Intoxicants, controlled substances, and similar drugs would rise from a Class D to a Class C felony. Even cell phones and other telecommunication devices—which are currently treated as a Class E felony punishable only by a fine—would become a Class D felony.

Sparks said the goal is to restore safety and stability inside correctional facilities. He noted that prisons are meant to be controlled environments, but contraband continues to fuel violence, overdoses, and other dangerous situations for both staff and inmates. Strengthening the law, he said, is one way to reinforce that these facilities must remain secure places where rehabilitation can actually happen.

The Tennessee Department of Correction has reported several major contraband interceptions in recent years. One of the largest came in 2025 at the Northeast Correctional Complex in Mountain City, where officers seized hundreds of suboxone strips, drug‑laced paper, marijuana, THC oils, 50 pounds of tobacco, and more than 70 cell phones and chargers. TDOC data also shows that nearly 50 inmates statewide have died from illicit drugs each year for the past five years—an ongoing concern that lawmakers say underscores the need for stronger deterrents.

Under Tennessee law, penal institutions include jails, prisons, and other detention facilities. House Bill 1678 is scheduled to be heard in the Criminal Justice Subcommittee on March 11. If approved by the General Assembly, the changes would take effect July 1.

Bill Summary: Present law prohibits a person from knowingly taking, sending, or otherwise causing to be taken, (i) any weapon, ammunition, or explosive; (ii) any intoxicant, legend drug, controlled substance, or controlled substance analogue; or (iii) any telecommunication device into a penal institution where prisoners are held.  Possession of these items with unlawful intent and without the express written consent of the chief administrator of such penal institution is also prohibited. 

This bill generally makes it a Class C felony to knowingly take or send any weapon, ammunition, or explosive into such a penal institution or to possess with unlawful intent a weapon, ammunition, or explosive in such a penal institution.  A Class C felony is punishable by imprisonment of three to 15 years and a fine up to $10,000.  However, if such an action results in the death of another person, this bill makes it a Class B felony, which is punishable by imprisonment of eight to 30 years and a fine up to $25,000.

This bill generally makes it a Class D felony to knowingly take or send any intoxicant, legend drug, controlled substance, controlled substance analogue, or telecommunications device into a penal institution where prisoners are held.  Possession with unlawful intent of any intoxicant, legend drug, controlled substance, or controlled substance analogue without permission is also generally a Class D felony.  A Class D felony is punishable by imprisonment of two to 12 years and a fine up to $5,000.  However, if such actions result in the death of another person, it is a Class C felony.  

This bill generally makes it a Class E felony to possess a telecommunication device with unlawful intent and without permission in a penal institution where prisoners are kept.  The first violation is punishable only by fine.  A second or subsequent violation is punishable by a fine of $3,000.

Need More Details - Sparks represents District 49 in the Tennessee House of Representatives, covering part of Rutherford County, including portions of Smyrna and La Vergne. Read more about the bill HERE

 

Tags: contraband District 49 HB 1678 laws on contraband inside jails and prisons Smyrna State Rep. Mike Sparks Tennessee Department of Correction
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