Fighting Drug Possession Charges in TN

 Posted on January 10,2024 in Drug Crimes

Tennessee criminalizes the possession or the casual exchange of a controlled substance. “Casual exchange” is defined as the passing of an illegal drug between two parties, whether or not money is exchanged in the process

Marijuana possession falls under this law as well unless it was prescribed by a physician. Even if you have just half an ounce of marijuana, you will most likely be fined and possibly incarcerated.

If you have been charged with drug possession, do not hesitate to contact our Knoxville drug possession defense attorneys immediately

Penalties for Drug Possession 

TN Code § 39-17-417 makes it illegal for a defendant to knowingly perform any of the following:

• Manufacture a controlled substance;
• Deliver a controlled substance;
• Sell a controlled substance; or
• Possess a controlled substance with intent to manufacture, deliver, or sell the controlled substance.

Tennessee Code organizes controlled substances into seven different categories or schedules. Schedule includes the most dangerous substances, while Schedule V has the least dangerous. For example, heroin is a Schedule I substance, while oxycodone, methamphetamine, morphine, cocaine, and fentanyl are Schedule II substances.

Schedule VI substances include marijuana, synthetic marijuana, and THC concentrates. Schedule VII contains one substance—butyl nitrate.

If you are arrested for drug possession, you will most likely be charged with a Class A misdemeanor. Misdemeanors are less serious crimes that come with a maximum prison sentence of one year

If you have half an ounce or less of marijuana and it is your first offense, you may be fined $250 and have to potentially serve one year in prison. If it is a subsequent offense, the maximum fine is $500, with the potential of serving one year in prison

When Does Drug Possession Become a Felony?

80% of crimes in The Volunteer State have a drug-related connection. While possessing an illegal drug may land you in jail, if you intend on distributing or selling a Schedule I controlled substance, then you will be charged with a Class B felony

In Tennessee, you may also be charged with a Class B felony if you have 0.5 grams or more of a Schedule II substance, such as cocaine or meth. A Class B felony is punishable by 8 to 12 years in prison and a potential fine of $100,000

If you have less than 0.5 grams, then you will be charged with a Class C felony. This is punishable by three to six years in prison and a maximum fine of $100,000.

Fighting a drug possession charge is no simple task and requires skilled representation that can only be found in a Knox County drug possession defense attorney

Speak with a Knoxville, TN, Drug Possession Defense Attorney

Each year, more than 1 million Americans are arrested for drug possession. Many of these arrests violate people’s rights. In examining your case, a Knox County, TN, drug possession defense attorney will be able to determine if your constitutional rights were protected

It is in your best interest to avoid a drug possession conviction at all costs. Contact Jeffrey Coller, Knoxville Criminal Defense Attorney today online or by calling 865-281-1000 to schedule your free consultation