Drug offenses are punished differently depending on the substance and amount in possession, whether the defendant possessed the drug for personal use or for resale/distribution, and other elements of the crime. When you’ve been charged with a drug crime in Tennessee or Georgia, you need a criminal defense attorney who understands the complexities of the state drug laws. You need Best & Brock!
Best & Brock has combined decades of experience successfully fighting drug charges in Tennessee. When your future is on the line, you need the best criminal defense team on your side. To schedule a FREE consultation with one of our attorneys, call us at (423) 829-1055 or fill out our online contact form!
Drug Schedules in Tennessee
Drugs are divided into “schedules” in Tennessee, with the intention of classifying them based on how dangerous the state considers each substance to be. Schedule I, containing the most serious drugs, contains the drugs that have a high potential for abuse and no accepted medical use or treatment. This includes certain familiar substances, including but not limited to:
opiates, heroin, and LSD. The substances considered the least serious in Tennessee fall into Schedule V. These drugs are defined as having a low potential for abuse, an accepted medical use in the U.S., and limited risk for physical or psychological dependence. This includes depressants such as gabapentin and stimulants such as pyrovalerone.
Interestingly, the law carves out a special schedule for marijuana and its synthetic equivalents: Schedule VIs are substances that the Commissioner of Mental Health and Substance Abuse Services and the Commissioner of Health agree should not be included in Schedules I through V. For more information, check out our blog on drug classifications in Tennessee! And for more information on the marijuana laws, check out our blog on medical marijuana in Tennessee and Georgia!
Drug crime convictions are accompanied by considerable fines and sentences in the state of Tennessee, as described under T.C.A. §39-17-428. It is important that you take your drug charges seriously and hire an experienced criminal defense attorney to help you circumvent these consequences.
Misdemeanor Drug Possession in Tennessee
Drug possession and use in Tennessee can be a Class A misdemeanor under certain circumstances. The most common of these Class A drug misdemeanors is to knowingly possess or casually exchange a scheduled substance outside the context of a valid medical prescription.
This typically applies only to small amounts of substances consistent with personal use, such as when someone is caught smoking a marijuana blunt by law enforcement.
A few other drug crimes are Class A misdemeanors in Tennessee, including:
- Distributing an amount of marijuana not greater than half an ounce Intentionally smelling or inhaling the fumes from any inhalant, such as glue, for the purpose of becoming intoxicated or obtaining any kind of high.
- Receiving a substance that is falsely represented or intentionally mimics a controlled substance in Schedules I, II, III, or IV.
- Using or possessing drug paraphernalia.
- Advertising the sale of items designed or intended for use as drug paraphernalia.
- Knowingly possessing xylazine (Check out our blog on the drug of the living dead act!)
Class A misdemeanors are punishable by up to 11 months and 29 days incarceration or probation, on top of court fines and court-ordered programs, such as addiction counseling.
When does drug possession become a felony in Tennessee?
Drug crimes can range from a misdemeanor to a Class A felony in Tennessee, with Class A Felonies being the most serious of crimes. At what point drug possession becomes a felony depends largely on the type and amount of the substance, and whether the person in possession of it is involved in the selling, manufacturing, or distribution of the drug. Looking at drug felonies in Tennessee from Class E to Class A, it is easy to see how the punishments for drug felonies increase as the substance and its amount become more dangerous.
Class E Drug Felonies
- Knowingly manufacturing, delivering, selling, or possessing a Schedule V drug
- Knowingly manufacturing, delivering, selling, or possessing a Schedule VII drug (namely, poppers)
- Knowingly manufacturing, delivering, selling, or possessing between 0.5 ounce and 10 pounds of marijuana
- Delivering, selling, or distributing an inhalant when one has reasonable cause to suspect.
- that the inhalant will be used for the purposes of becoming intoxicated or otherwise obtaining a high (T.C.A. § 39-17-422)
- Manufacturing, selling, distributing a substance which is falsely represented to be a Schedule I, II, III, or IV controlled substance.
- Manufacturing, delivering, or possessing with the intent to deliver any drug paraphernalia.
Class D Drug Felonies
- Knowingly manufacturing, delivering, selling, or possessing a Schedule III drug
- Knowingly manufacturing, delivering, selling, or possessing a Schedule IV drug
- Knowingly manufacturing, delivering, selling, or possessing between 10 pounds and 70 pounds of marijuana OR between 10 and 19 marijuana plants
Class C Drug Felonies
- Knowingly manufacturing, delivering, selling, or possessing less than 0.5 grams of a Schedule II drug
- Knowingly manufacturing, delivering, selling, or possessing less than 0.5 grams of cocaine, methamphetamine, fentanyl, and certain fentanyl analogues
- Knowingly manufacturing, delivering, selling, or possessing Flunitrazepam
- Knowingly manufacturing, delivering, selling, or possessing between 4 and 8 pounds of hashish OR between 20 and 99 marijuana plants
- Knowingly manufacturing, selling, delivering (or possessing with the intent to do those things) xylazine. (Check out our blog on the drug of the living dead act!)
Class B Drug Felonies
- Knowingly manufacturing, delivering, selling, or possessing a Schedule I drug
- Knowingly manufacturing, delivering, selling, or possessing more than 0.5 grams of cocaine, methamphetamine, fentanyl, and certain fentanyl analogues
- Knowingly manufacturing, delivering, selling, or possessing less than 0.5 grams of a Schedule II drug or cocaine, methamphetamine, fentanyl, and certain fentanyl analogues
- WHILE carrying a deadly weapon
- Knowingly manufacturing, delivering, selling, or possessing a large amount of certain drugs (i.e., 15 grams or more of heroin, 100 grams or more of acid, and 26 grams or more of amphetamines or methamphetamine)
- Knowingly manufacturing, delivering, selling, or possessing between 70 and 300 pounds of marijuana OR between 100 and 499 marijuana plants
Class A Drug Felonies
- Knowingly manufacturing, delivering, selling, or possessing a very large amount of certain drugs. Includes, but is not limited to:
○ 150 grams or more of heroin
○ 300 grams or more of cocaine
○ 300 grams or more of amphetamines and methamphetamine
○ 150 grams or more of fentanyl and its derivatives/analogues
○ 2,000 grams or more of any Schedule I or II drug
○ 300 or more pounds of marijuana OR 15 pounds or more of hashish OR 500 or more marijuana plants.
Please note that if an individual is caught selling or trying to sell drugs to a minor in Tennessee, they can be punished one criminal classification higher than is warranted by the amount of the drug. An individual may also be punished one classification higher than is warranted by the amount of the drug if they are found to be a habitual drug offender under the definition found in T.C.A. §39-17-417(k)(3). Furthermore, penalties may be enhanced if someone is convicted for the commission of a drug crime in a school zone.
How does law enforcement know someone is a drug dealer?
Typically, officers pick up on whether or not someone in possession of an illegal substance is a dealer pretty quickly. Many people involved in drug distribution will also be in possession of a means to measure out the product, cash from previous sales, drug paraphernalia, weapons, and other suspicious materials. If, for example, someone is pulled over and has a large amount of marijuana in their car, along with some digital scales, law enforcement is likely to suspect them of selling drugs.
However, officers don’t need to find anything other than drugs in an individual’s possession to reasonably suspect that person is a drug dealer. In Tennessee, it may be legally inferred by the amount of a substance an individual possesses that the individual intended to sell or otherwise distribute the substance. In other words, if a person is found in possession of a larger amount of a drug than is consistent with personal use, then they might be charged with intent to sell or distribute that substance. On the flip side, it may also be inferred from circumstances surrounding a casual exchange that the individuals did not intend to sell or distribute the drugs.
Will I go to prison if I’m charged with drug possession in Tennessee?
Whether or not an individual goes to prison after being criminally charged depends on a number of factors. Depending on the circumstances of the case, a skilled attorney may be able to have the charges dismissed, which would result in the defendant avoiding jail time. A common example is when what an officer believes to be illegal marijuana is actually legal hemp, or delta-8. In this situation, testing of the material can prove that it is a legal substance, and the defendant’s charges are likely to be dropped.
If there are no grounds to have the charges dismissed, the attorney may instead argue for the charges to be reduced, for the defendant to be sentenced to probation, or for the defendant to be rehabilitated in a recovery court. A variety of criminal defendants are eligible to participate in the recovery court system in Tennessee. These specialized courts, including Drug Court and Mental Health Court programs, are designed to help defendants struggling with health complications, addiction, or other circumstances get back on their feet and proceed to being an upstanding citizen. If a defendant is found in possession of illegal substances, their attorney may be able to work with the court to send the defendant to a drug or mental health rehabilitation center rather than jail. Similarly, a criminal defense attorney can demonstrate to the court that the defendant is a good candidate for probation based on the defendant’s criminal history and commitment to living a crime-free life in the future.
Best & Brock is Here for You!
When facing criminal charges, you need a criminal defense attorney who will protect your rights and your future. Let Best & Brock consider all the legal avenues available to you. We are honored to represent those charged with drug crimes in Tennessee!
(If you’ve been or may be charged in Georgia, be sure to check out our blog on drug crime penalties in Georgia!)