Drug Possession
TENNESSEE CRIMINAL DEFENSE
From Possession to Victory –
The Evans Law Firm Is Your Shield
The Evans Law Firm Knows How to Defend Drug Offenses
MISDEMEANOR DRUG POSSESSION
Understanding Drug Possession Laws in Tennessee
Being caught with a small amount of drugs can lead to serious legal consequences. In Tennessee, the two most common charges related to possession are Simple Possession and Possession of Drug Paraphernalia.
Simple Possession
Under Tennessee law, having any illegal drugs or non-prescribed medication in your possession—even for personal use—is a crime. This includes marijuana, which remains illegal in Tennessee regardless of laws in other states or if you are traveling from a state where marijuana is legal.
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Statute: Tenn. Code Ann. § 39-17-419
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Penalty: Most simple possession charges are Class A Misdemeanors, carrying a maximum of 11 months and 29 days in jail. For first-time offenders, jail time is infrequent, but probation or a permanent record is still concerning.
Possession of Drug Paraphernalia
If you are found with items that could be used for drug consumption or distribution—such as a straw, syringe, bong, or razor blade—you can be charged with Possession of Drug Paraphernalia.
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Statute: Tenn. Code Ann. § 39-17-425
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Penalty: Also typically classified as a Class A Misdemeanor, with potential jail time and a permanent record, depending on the case. In addition, a fine of between $250 and 750 is mandatory if there is a conviction.
Defense Strategies You Can Rely On
The Evans Law Firm has experienced criminal defense attorneys who can explore several defenses to challenge drug possession charges, including:
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Invalid Traffic Stops: Contesting the legality of stops that lacked probable cause.
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Illegal Searches: Challenging searches conducted without proper consent or probable cause.
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Procedural Violations: Identifying errors in police procedures or procedures that were not properly followed.
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Officer Credibility Issues: Exposing inconsistencies between police reports, testimonies, and bodycam footage.
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Plea Negotiations: Seeking reduced charges, probation, or treatment options—especially for first-time offenders.
Penalties
Most drug possession charges are Class A Misdemeanors, with penalties including up to 11 months and 29 days in jail. While jail time is rare for first-time offenders, penalties may also include probation or a permanent criminal record, which can impact your future.
If you’re facing drug possession charges in Tennessee, it’s crucial to work with an experienced attorney who can defend your rights and help you achieve the best possible outcome.
FELONY DRUG POSSESSION
Felony drug offenses are some of the most serious offenses in Tennessee. The penalties can range from lower level felonies to as severe as second-degree murder.
Tennessee classifies felony drug offenses under Tennessee Code Annotated (T.C.A.) Title 39, Chapter 17, Part 4 (Drugs), with penalties tied to drug type, quantity, location, and prior convictions. The state uses a schedule system (I–VI) to rank substances by abuse potential and medical use. Felonies begin at Class E (lowest) and escalate to Class A (highest), with mandatory minimums and no parole for many offenses.
Major Felony Offenses & Penalties
Penalties for felony drug possession are complex and depend on a range of factors (like whether the offense occurred in a school zone, the amount of drugs, the type of drug, a defendant’s criminal history, etc.). Below are some general examples of penalties for drug offenses.
Contact us to understand how the facts of your case affect the possible range of punishments you or a loved one may face.
Under the law, even small amounts of drugs can be considered to be felony amounts. For example, a half ounce of marijuana will almost certainly be charged as a felony amount. The same is true for other drugs. Possessing more than .5 grams of Cocaine, Meth, or Fentanyl will almost certainly result in felony charges.
Enhancements & Aggravators
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Prior drug convictions: +1 felony class.
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Firearm present: +5–10 yrs (T.C.A. § 39-17-417(k).
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Involving minors: +1 class, mandatory minimum.
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Meth labs with children: Additional child endangerment charges (Class C Felony).
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Drug Free School Zone: Mandatory minimums or +1 felony class.
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Gang Enhancement: Mandatory minimums or +1 felony class.
Defenses
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Lack of intent (personal use vs. sale).
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Illegal search/seizure (4th Amendment).
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Constructive vs. actual possession (was the defendant near the drugs or did the defendant have actual possession).
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Prescription validity (for drugs in Schedule II–V).
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Invalid Traffic Stops: Contesting the legality of stops that lacked probable cause.
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Illegal Searches: Challenging searches conducted without proper consent or probable cause.
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Procedural Violations: Identifying errors in police procedures or procedures that were not properly followed.
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Diversion programs (first-time, low-level offenders via Drug Court).
Bottom Line
Tennessee imposes harsh, mandatory penalties for felony drug offenses, especially involving Schedule I/II drugs,large quantities, or protected zones. If you’re facing drug possession charges in Tennessee, it’s crucial to work with an experienced attorney who can defend your rights and help you achieve the best possible outcome.
Contact The Evans Law Firm today to discuss your case.
