Defense Against Charges Under Tennessee’s Tough Drug Laws

Facing charges of violating Tennessee’s stringent drug laws can be a daunting and perilous experience. Tennessee’s zero tolerance policy makes it one of the toughest states in the nation regarding drug-related offenses. This translates into harsh penalties, even for seemingly minor infractions such as the possession of small amounts of marijuana.

Tennessee law classifies the possession of any amount of illicit drug as a criminal offense. Even a first-time offense for possessing up to half an ounce of marijuana can result in a Class A misdemeanor, carrying potential penalties of up to one year in jail and a fine of up to $2,500. Possession of greater amounts is a felony, with penalties ranging from a jail term of one to two years and a fine of up to $5,000 for up to 10 pounds of marijuana to a term of 15 to 25 years and a fine of up to $500,000 for more than 300 pounds. 

The state’s laws are even harsher concerning other drugs that are prescribed for medical purposes but which can result in physical or psychological dependencies if abused. Tennessee law gives equal treatment to manufacture, delivery or sale of a controlled substance and possession with intent to take any of those actions. Intent can be inferred from the amount of drugs possessed.

For example, the laws are particularly strict when it comes to opium and synthetic opioid drugs like fentanyl and fentanyl-related substances. Possession of less than 0.5 grams of one of these substances is a Class C felony punishable by a prison term of three to 15 years in prison and a fine of up to $100,000. Possession of 0.5 grams or more is a Class B felony punishable by a term of eight to 30 years and a fine of up to $100,000.  

Given the stiff penalties associated with drug charges in Tennessee, securing competent legal representation is of paramount importance. A drug offense attorney who is thoroughly familiar with Tennessee’s complex punishment scheme can make a significant difference in the outcome of a case. Experienced legal counsel can challenge the prosecution’s evidence and adherence to proper criminal procedure. For instance, they may challenge the legality of the search and seizure that led to the discovery of the drugs or the handling of that evidence. They may argue for the suppression of evidence obtained through unlawful means or contest the prosecution’s ability to prove possession with intent beyond a reasonable doubt. It may also be possible to negotiate plea deals or to seek alternative sentencing options.

If you’re arrested on drug charges in Collierville or the greater Memphis metro region, Bill Hagan of The Collierville Law Firm will provide you with an aggressive criminal defense and fights relentlessly to get the most favorable results possible.  Contact us online or call 901-614-0318 for a free initial consultation.