Drug possession laws in Tennessee are a complex network of statutes designed to address the use and distribution of controlled substances. Understanding these laws is crucial for anyone who lives in or visits the state, as the consequences of violating them can be severe. Navigating these laws requires a comprehensive grasp of the classification of drugs, the penalties associated with possession, and the legal defenses available.

Classifications of Controlled Substances

Tennessee categorizes controlled substances into schedules, ranging from Schedule I to Schedule VII. Each schedule is determined based on the drug’s potential for abuse and accepted medical use.

Schedule I drugs, such as heroin and LSD, are considered the most dangerous with a high potential for abuse and no accepted medical use.

Schedule II substances, including cocaine and methamphetamine, also have a high potential for abuse but may have limited medical uses.

Schedules III through VII include drugs with progressively lower potentials for abuse and accepted medical uses.

Understanding these classifications is essential because the schedule of the drug involved in a possession charge directly impacts the severity of the penalties. Possession of a Schedule I drug, for instance, carries much harsher penalties compared to possession of a Schedule VII drug. This system reflects the state’s aim to combat drug abuse while acknowledging the legitimate medical use of certain substances.

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Best

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Penalties for Drug Possession

The penalties for drug possession in Tennessee vary widely based on several factors, including the type and amount of drug, the individual’s criminal history, and whether there were aggravating circumstances such as possession near a school. For a first-time offender caught with a small amount of a Schedule VI drug, the penalties might include a misdemeanor charge, a fine, and probation. However, possession of larger quantities — or of more dangerous substances, like methamphetamine — can result in felony charges, significant fines, and lengthy prison sentences.

For example, simple possession or casual exchange of a controlled substance is generally classified as a Class A misdemeanor, punishable by up to one year in jail and a fine of up to $2,500. However, possession with intent to manufacture, deliver, or sell a controlled substance is a much more serious offense and can be classified as a felony, with penalties including multiple years in prison and substantial fines.

Tennessee also imposes enhanced penalties for drug possession near schools, parks, libraries, and recreational centers. These enhancements can significantly increase both the severity of the charge and the potential punishment. Additionally, having prior convictions can escalate charges from misdemeanors to felonies, reflecting the state’s intent to impose harsher penalties on repeat offenders.

Most drug crimes are felonies in Georgia. This reflects the state’s serious stance on preventing and punishing drug crimes. As the amount an individual possesses of a substance grows and their involvement in the manufacturing and distribution of the substance escalates, the punishments they face become more severe. For certain drug convictions in Georgia, a defendant can even be sentenced to life in prison.

The state of Georgia does not classify felonies, but instead prescribes the punishments for a given crime in the statute pertaining to that crime. We can categorize felony drug crimes in Georgia by the sentence range applied to that conviction.

Please note that the following is not an exhaustive list.

1-3 Years Imprisonment

Purchasing,possessing, or having under one’s control less than 1 gram of any Schedule I or II substance (except marijuana, which is punished as a misdemeanor)
Purchasing,possessing, or having under one’s control less than 2 grams of a non-narcotic substance in Schedule II
Purchasing,possessing, or having under one’s control a Schedule III, IV, or V substance in any amount (except flunitrazepam, which is punished according to amount)

1-8 Years Imprisonment

Purchasing,possessing, or having under one’s control between 1 and 4 grams of any Schedule I or II substance (except certain substances with mandatory minimum sentences)
Purchasing,possessing, or having under one’s control between 2 and 4 grams of a non-narcotic substance in Schedule II

1-10 Years Imprisonment

Manufacturing,delivering, distributing, dispensing, administering, selling, or possessing with intent to distribute any Schedule III, IV, or V controlled substance
Manufacturing,delivering, distributing, dispensing, administering, selling, or possessing with intent to distribute any counterfeit controlled substance
Manufacturing,delivering, distributing, dispensing, administering, selling, or possessing with intent to distribute marijuana

1-15 Years Imprisonment

Purchasing, possessing, or having under one’s control between 4 and 28 grams of any ScheduleI or II substance(except certain substances with mandatory minimum sentences)
Purchasing,possessing, or having under one’s control between 4 and 28 grams of a non-narcotic substance in Schedule II
Possessing any substance with the intent to manufacture a Schedule I or II substance

5-30 Years Imprisonment

Manufacturing,delivering, distributing, dispensing, administering, selling, or possessing with intent to distribute any Schedule I or II controlled substance
Manufacturing,delivering, distributing, dispensing, administering, selling, or possessing with intent to distribute any amount of flunitrazepam

Punishments may be enhanced if the crime was committed in the vicinity of a school, public park, housing project, or other drug-free zone. Furthermore, convictions for certain drug crimes are accompanied by what if referred to as a mandatory minimum sentence.

What is mandatory minimum sentencing?

Georgia applies mandatory minimum sentences for trafficking certain unlawful drugs, under O.C.G.A. §16-13-31. Mandatory minimums were adopted around the country during the war on drugs to serve as a strict deterrent against the commission of drug crimes, and have been a subject of nationwide controversy since. Mandatory minimum sentences in Georgia are applied based on the type and quantity of the drug, such as a mandatory minimum sentence of 25 years for possession of 400 grams or more of methamphetamine.

To better understand the mandatory minimum sentencing law in Georgia, let’s look at the sentencing laws for possession of one common drug: marijuana

Lessthan 1 gram: a misdemeanor, punishable by up to a year in prison More than 1 gram: anywhere between 1 and 10 years imprisonment
Between 10 pounds and 2,000 pounds: mandatory minimum sentence of 5 years Between2,000 pounds and 10,000 pounds: mandatory minimum sentence of 7 years More than 10,000 pounds: mandatory minimum sentence of 15 years

Note: Manufacturing , delivering, distributing, dispensing, administering, selling, or possessing with intent to distribute marijuana is a felony punishable by 5 to 30 years imprisonment.

There are some ways to avoid being sentenced to a mandatory minimum.

For example, prosecutors may move the court to avoid sentencing a defendant to the mandatory minimum sentence if the defendant provides substantial information about accomplices, accessories, co-conspirators, or principals to the crime. Furthermore, a judge is able to depart from the mandatory minimum sentence if it’s established that the defendant was not a leader in the crime, did not possess a deadly weapon during the crime, did not kill or seriously injure someone in the commission of the crime, and has no felony criminal record. However, this particular avoidance of the mandatory minimum law is only permitted when the mandatory minimum sentence will not serve “the interests of justice” (O.C.G.A. §16-13-31).When facing a harsh mandatory minimum sentence, you need the BEST criminal defense attorney to handle your case.

Garth Best was extremely helpful in my case. He explored and explained everything to me clearly and never stopped checking out every option. I am absolutely grateful I chose him as my attorney. Best and Brock are a great choice for representation. Thanks again.

- Jeremy Forgey

Matt Brock did an outstanding job with my case. Very thorough and knowledgeable attorney, highly recommended. Its very obvious through my interactions with him that he has the experience and knowledge to win in court. I will not go anywhere else. Great job, much appreciated.

- Chris Griffin

The Importance of Intent

In many drug possession cases, the prosecution must prove that you had the intent to possess the drugs. This means that they need to show you knew about the drugs and intended to have them in your control. If they cannot prove intent, it may be difficult for them to secure a conviction.

The Role of Law Enforcement

In many drug possession cases, the actions of law enforcement play a critical role. If the police did not follow the correct procedures during your arrest or search, it could impact the outcome of your case. This is why it is important to pay close attention to how the police behaved when they stopped you, searched your belongings, or questioned you.

If the police violated your rights at any point, your defense lawyer can file motions to challenge their actions. For instance, if the police searched your home without a warrant or arrested you without probable cause, your defense lawyer might be able to have the evidence against you thrown out. Similarly, if the police failed to read you your rights during your arrest or used improper tactics during questioning, it could weaken the prosecution’s case.

Your lawyer can review the details of your arrest and search to determine if any of your rights were violated. If there were issues with the way law enforcement handled your case, it could lead to a dismissal of the charges or a reduction in penalties.

Why Legal Representation Is Crucial

Drug possession charges can be difficult to navigate on your own. The legal system is complex, and without the right knowledge and experience, it can be hard to understand your options or defend yourself effectively. This is why having a defense lawyer by your side is so important.

A lawyer who understands drug possession laws can guide you through the legal process, help you build a strong defense, and protect your rights every step of the way. They can help you gather evidence, challenge the prosecution’s case, and work to reduce or dismiss the charges against you.

It is important to act quickly when facing drug possession charges. The sooner you hire a lawyer, the better they can prepare your defense and explore all possible options for resolving your case. Waiting too long can limit your options and make it harder to fight the charges.

Legal Defenses Against Drug Possession Charges

Facing a drug possession charge can be daunting, but there are several legal defenses that can be employed to contest the charges. One common defense is challenging the legality of the search and seizure that led to the discovery of the drugs. Under the Fourth Amendment, individuals are protected against unreasonable searches and seizures. If law enforcement officers conducted a search without a warrant or probable cause, any evidence obtained during that search might be inadmissible in court.

Another potential defense is questioning the actual possession of the drug. In some cases, the drugs might not have been in the direct control of the accused. For instance, if drugs were found in a shared space, it might be argued that the accused did not have knowledge of the drugs’ presence or did not exercise control over them.

Chain of custody issues can be a critical defense strategy. This involves ensuring that the drugs seized by the police are the same substances presented in court. Any breaks or inconsistencies in the chain of custody can cast doubt on the integrity of the evidence.

Furthermore, there are scenarios where the accused might be able to prove that they possessed the drugs legally, such as having a valid prescription for a controlled substance. This defense requires thorough documentation and proof that the possession was within the bounds of the prescription provided.

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 and distribution, cultivation, and using the mail service to transport marijuana products.

Article II § 2 of the Constitution gives the president pardoning powers for those convicted for federal crimes, which is why this pardon is limited to those charged/convicted under federal law, or in D.C., as it is under federal jurisdiction. This pardon does not apply to arrests, charges, or convictions under state law or in state courts. The pardoning power for offenses against a state are held by the state’s governor. The pardon is also only applicable to those who committed the offense on or before October 6th, 2022, and who were United States citizens at the time.

Unfortunately this pardon will have no effect on state convictions for simple possession of marijuana. Some states have decided to decriminalize marijuana, but unless the governor uses his pardon powers, prior convictions for marijuana could remain on a person’s record indefinitely.

The proclamation also states that the pardon is only for the offense of simple possession of marijuana (Federal Code / D.C. Code). Thus, the pardon does not apply to simple possession charges relating to other drugs. Nor does it apply to more severe possession charges of marijuana, like “intent” or “resale” offenses.

Simple Possession of Marijuana is the only criminal offense that is eligible for this pardon. Simple Possession of Marijuana is a misdemeanor offense and there are many types of federal felony related marijuna crimes that this pardon will not affect.

You can find the proclamation on the White House website. It mentions that the Attorney General and the Pardon Attorney will be establishing a process for those charged/convicted to apply for the pardon “as soon as reasonably practicable.”

Simple Possession

TCA § 39-17-418:

(a) It is an offense for a person to knowingly possess or casually exchange a controlled substance, unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of professional practice.

(b) It is an offense for a person to distribute a small amount of marijuana not in excess of one-half (½) ounce (14.175 grams).

Simple Possession is the lowest drug charge in Tennessee, and is used in cases where a defendant is found with illegal drugs in their possession, but no evidence that they might be dealing, delivering, or manufacturing. There are often defenses through which you could get the charges dismissed, go through diversion programs, community service, or pay some smaller fines. Nevertheless, it is still an A class misdemeanor, and the statutory penalties of up to a year of jail time and/or a $2,500 fine are always a possibility.

It is also important to note that there are factors that could lead to more severe charges, or even multiple charges. Simple Possession/Casual Exchange is used in situations where someone is found with a small amount of drugs, and just drugs. If you were to be found with larger amounts, higher scheduled drugs, paraphernalia like scales or baggies, or if you are a repeat offender, it could mean facing felony charges as opposed to a misdemeanor. Refer to:

TCA § 39-17-417 – Criminal offenses and penalties
TCA § 39-17-425 – Unlawful drug paraphernalia uses and activities

Sentencing

TCA § 40-35-111:

(e)(1) Class A misdemeanor, not greater than eleven (11) months, twenty-nine (29) days or a fine not to exceed two thousand five hundred dollars ($2,500), or both, unless otherwise provided by statute.

The Impact of a Conviction

A conviction for drug possession in Tennessee can have far-reaching consequences beyond the immediate penalties of fines and imprisonment. One significant impact is on the individual’s criminal record. A drug conviction can appear on background checks, which can affect employment opportunities, educational prospects, and even housing applications. Employers and educational institutions often view drug-related offenses unfavorably, which can limit the individual’s ability to secure a job or gain admission to a school.

Another critical area impacted by a drug conviction is driving privileges. Tennessee law mandates the suspension of a driver’s license for individuals convicted of drug offenses. This suspension can last from one to five years, depending on the specifics of the case and the individual’s prior record. Losing driving privileges can create significant hardships, affecting the ability to commute to work or school and manage daily responsibilities.

Additionally, individuals with drug convictions may face challenges in securing loans or financial aid, particularly for educational purposes. Federal financial aid policies include stipulations that can disqualify individuals with drug convictions from receiving aid, which can hinder their educational and career advancement.

Rehabilitation and Diversion Programs

Recognizing the importance of rehabilitation in addressing drug-related offenses, Tennessee offers several programs aimed at helping individuals avoid incarceration and receive treatment. Drug courts are one such initiative, providing a structured program that combines judicial supervision, substance abuse treatment, and support services. Participants in drug court programs undergo regular drug testing, attend counseling sessions, and must adhere to a strict regimen designed to promote recovery and prevent recidivism.

Pretrial diversion is another option available to eligible first-time offenders. This program allows individuals to avoid a formal conviction by completing a period of probation and complying with certain conditions, such as attending drug education classes or performing community service. Successful completion of the diversion program results in the dismissal of charges, allowing the individual to avoid a criminal record.

For those already convicted, Tennessee offers probation and parole options that include mandatory drug treatment as a condition of release. These programs aim to address the underlying issues contributing to drug abuse and provide the necessary support for individuals to reintegrate into society successfully.

The Role of Legal Representation

Navigating the complexities of Tennessee’s drug possession laws requires legal representation. An attorney experienced in criminal defense can provide invaluable assistance in understanding the charges, developing a robust defense strategy, and advocating for the best possible outcome. From challenging the evidence and procedures used by law enforcement to negotiating plea deals or advocating for alternative sentencing options, having a knowledgeable legal advocate can significantly impact the trajectory of a case.

Legal representation is particularly crucial in cases involving serious charges or repeat offenses, where the stakes are higher, and the penalties more severe. An attorney can help ensure that the accused’s rights are protected throughout the legal process and work towards minimizing the long-term consequences of a conviction.

Future Trends and Developments

Drug possession laws and policies continue to evolve, both in Tennessee and nationwide. Increasingly, there is a shift towards viewing drug abuse as a public health issue rather than solely a criminal matter. This perspective emphasizes the importance of treatment and rehabilitation over punitive measures. Legislative changes reflecting this approach may result in reforms that reduce mandatory minimum sentences, expand access to diversion programs, and increase funding for treatment and prevention initiatives.

Additionally, the ongoing opioid crisis has spurred efforts to develop more comprehensive strategies for addressing addiction and preventing overdose deaths. This includes expanding access to naloxone, a medication that can reverse opioid overdoses, and implementing needle exchange programs to reduce the spread of infectious diseases among drug users.

As public attitudes towards certain substances, particularly marijuana, continue to shift, future legislative changes may also impact the classification and regulation of these substances. While Tennessee maintains strict laws regarding marijuana, ongoing discussions at the state and federal levels could lead to reforms that align more closely with the policies adopted by other states that have decriminalized or legalized marijuana for medical or recreational use.

Understanding Tennessee’s drug possession laws is crucial for anyone who may encounter these legal challenges. The complexity of the laws, the severity of the penalties, and the potential long-term impacts of a conviction underscore the importance of being well-informed and seeking appropriate legal assistance. Whether facing a first-time offense or dealing with the repercussions of a conviction, individuals must navigate the legal system with a clear understanding of their rights and options.

Difference between CBD & Weed

The debate about the legalization of marijuana continues to take place in states across the country. Some states, like California, Washington, Colorado, and the District of Columbia, have legalized the recreational use of the drug. Other states, like Tennessee, have legalized cannabidiol for the treatment of medical issues. Cannabidiol, also known as CBD, is different from marijuana and it is important to know why and how.

First and foremost, CBD contains extremely low to zero amounts of THC, the chemical that leads to the impairment or high that is associated with marijuana use. CBD is not intended to produce a high in individuals. Instead, it is designed to help people alleviate pain and deal with medical issues. It is often used for narcolepsy and general anxiety relief. Because of its low THC amounts and because it is intended to help chronically ill patients deal with their issues, many states have passed laws permitting its use.

Marijuana, recreational or medical, is not legal in the state of Tennessee. Possession of marijuana carries fairly stringent punishment and consequences. If you are found to have marijuana, attempting to write it off as medically necessary in the state of Tennessee will not help reduce your charges. Often times, people from other states that have legalized the drug seem absolutely perplexed when they are arrested in Tennessee for possession of marijuana. Further, it is important to know that possession of over fourteen grams is a felony in Tennessee.

Similarly, synthetic marijuana, a dangerously potent substance, is also illegal in Tennessee. There are no circumstances within Tennessee where you can expect not to face charges of some kind should you be in possession of synthetic or traditional marijuana. It is critical to be an informed buyer when purchasing the products. There have been several stores in the Chattanooga area that have been caught selling synthetic marijuana.

Protecting Your Rights

For those facing drug possession charges, taking immediate action to secure legal representation is paramount. Engaging with a seasoned attorney who can provide guidance, challenge the evidence, and advocate on behalf of the accused can make a significant difference in the outcome of the case. Moreover, exploring available rehabilitation and diversion programs can provide pathways to recovery and help mitigate the consequences of a drug-related offense.

If you or a loved one is dealing with drug possession charges in Tennessee, don’t wait to seek help. Contact Best & Brock today to discuss your case and explore your options. Your future and freedom are too important to leave to chance. Take control of your situation and ensure that your rights are protected by reaching out to a knowledgeable attorney who can help you navigate the complexities of Tennessee’s drug possession laws.

(423) 829-1043

(423) 829-1043

Drugs

Understanding Drug Possession Laws in Tennessee