Legal Blog

Discover a Wealth of Legal Insights and Resources with Best and Brock. Committed to protecting your rights and ensuring justice, we offer an extensive collection of articles and guides covering essential topics in Criminal Defense, DUI Defense, Personal Injury, and Civil Litigation. Our library serves as a valuable resource to enrich your understanding of legal matters, empowering you with the knowledge needed to navigate complex legal issues effectively.

Criminal Defense

Tennessee Drug Classification and Scheduling

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Tennessee Drug Classification and Scheduling

Tennessee’s criminal drug and substance laws can be found under Title 39, Chapter 17, Part 4. Tennessee’s format for scheduling controlled substances mirrors that of many other states and the federal government. At the beginning, you can find TCA §39-17-403, which outlines the factors to be considered when deciding which schedule a particular substance might fit […]

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Criminal Defense, Law News

The “Castle Doctrine” and “Stand Your Ground” Laws, Self Defense in Tennessee

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The “Castle Doctrine” and “Stand Your Ground” Laws, Self Defense in Tennessee

Self-defense as a general defense against prosecution varies widely from state to state. And even when states might recognize the same general principles, they still have their own unique code of laws and specific elements necessary to qualify for a self-defense argument. When researching legal principles like self-defense, you’ll often come across different doctrines, broad theories […]

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Drugs, Law News

Biden to Pardon Federal Offenses for Simple Possession of Marijuana

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Biden to Pardon Federal Offenses for Simple Possession of Marijuana

On October 6th, 2022, President Biden released a proclamation pardoning those who have been charged/convicted for the offense of simple possession of marijuana under federal or D.C. law. Notice that this is only for misdemeanor marijuana convictions. Other convictions for marijuana related offenses are not subject to this pardon which could include convictions for sale […]

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Law News

2022 Update to Tennessee’s ‘Unlawful Photography’ Law

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2022 Update to Tennessee’s ‘Unlawful Photography’ Law

Another criminal charge amended during the state legislature’s past session is the prohibition of “Unlawful Photography,” found under TCA § 39-16-605. The law previously criminalized the action of photographing someone only if 1) the person in the photograph would be offended/embarrassed and 2) the person who took the photo did so for the purpose of “sexual arousal […]

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Law News

2021 TBI Crime State Report

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2021 TBI Crime State Report

The Tennessee Bureau of Investigation has released the 2021 publication of its annual “Crime in Tennessee” report. This report is a collection of data gathered from every “incident” reported by law enforcement agencies throughout the state. As is described in the opening letter, the Tennessee Incident Based Reporting System (TIBRS) tracks every reported crime, including […]

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Criminal Defense, Legal Advice

‘Truth In Sentencing’

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‘Truth In Sentencing’

Beginning this month, Tennessee has added a list of new crimes that apply to its “Truth In Sentencing” time-served requirements. “Truth In Sentencing” started as a general trend among many states in the 90s in response to federal grant incentives and backlash from the potential for early release of certain criminal offenders. While the details […]

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Drugs

Hashing Out the Differences Between ‘THC,’ ‘CBD,’ and Delta-8

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Within the past couple years, Delta-8 THC has skyrocketed in popularity across the country as a “legal” substitute and loophole around many state and federal laws prohibiting “marijuana” and Delta-9 THC. To understand why that is, it’s important to first understand what exactly these chemicals are, and the legal definitions of the different terms. Definitions The species of plant often referred to as marijuana or hemp are different types of the same plant, Cannabis sativa L. Legally, the only difference between what we might call ‘marijuana’ from what we might call ‘hemp’ has to do with the different chemicals and different amounts of chemicals, called “cannabinoids,” found within specific plants. One of the most prevalent cannabinoids within most cannabis is called “delta-9 tetrahydrocannabinol,” and is often shortened to just “THC.” It is the primary chemical responsible for activating a user’s psychoactive receptors and producing the “high” feeling that one gets from consuming cannabis. This is where one has to get into the “weeds” of Tennessee law, because § 43-27-101(4) specifically says, although there are different types of “tetrahydrocannabinol,” like delta-8, that whenever you see “THC” in Tennessee law it is specifically referring to delta-9. This is because the law was written prior to the discovery and ability to concentrate delta-8 THC in cannabis, and its natural occurrence in cannabis is not significant enough to produce the sort of “high” a user receives from the synthesized products around today. Another prominent cannabinoid is called “cannabidiol,” often shortened to CBD. CBD does not cause any of the psychoactive effects that THC does, and it has been recognized for many studied and potential health benefits. CBD has not shown potential for drug dependence or abuse, and it has been used to treat a variety of ailments like epilepsy, pain, insomnia, and anxiety; the potential downsides are also the same that you might expect from over-the-counter medications like nausea or fatigue. Legality The primary factor in determining the legality of the cannabis plant or cannabis product in question is the amount of THC within the plant or the plant the product came from. As a starting point, Tennessee has defined “marijuana” as any cannabis plant, any part of the cannabis plant, or most products coming from a cannabis plant. The major exception to that rule, is if the plant falls under the definition of “hemp,” meaning the plant has less than or equal to 0.3% delta-9 THC by dry weight. “Marijuana” is a regulated substance in Tennessee, and currently a schedule VI controlled substance pursuant to § 39-17-415. “Hemp,” on the other hand, is not a regulated or controlled substance. Delta-8 THC is a new issue that Tennessee legislators and lawyers have had to deal with, because although many state laws regulate and criminalize “THC,” that specifically means delta-9. Earlier this year, the Tennessee legislature introduced HB 1927/SB 1904, a bill that seeks to change the definition of “marijuana” to include other THCs and psychoactive chemicals like delta-8, while leaving chemicals like CBD under the definition of “hemp.” The bill has been progressing through both the House and the Senate, but it is not a law yet. Federally, the 2018 Farm Bill also legalized and regulated “hemp” in a similar fashion, but there is still debate over whether the definition allows for delta-8 to fit into that category of what is legal to produce and sell. If you have been charged with possession of marijuana and it was actually a CBD product, please reach out to our attorneys licensed in both Tennessee and Georgia. We also represent businesses involved in the CBD business. Mr. Brock is a member of the hemp law group. Find out more about that here.

Within the past couple years, Delta-8 THC has skyrocketed in popularity across the country as a “legal” substitute and loophole around many state and federal laws prohibiting “marijuana” and Delta-9 THC. To understand why that is, it’s important to first understand what exactly these chemicals are, and the legal definitions of the different terms. Definitions […]

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Criminal Defense, Law News

Tennessee Updates Law Providing Victims’ Restitution and Compensation

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Tennessee Updates Law Providing Victims’ Restitution and Compensation

Prior to 2022, TCA § 40-25-105 did not address restitution paid to the victim of a crime in its ordered schedule of payments from a convicted defendant. HB 870/SB 893 sought to change this. Passed in 2021, and in effect as of January 1, 2022, § 40-25-105(a) now places a victim’s right to restitution as […]

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