Drug Offenses FAQs

The penalties for simple possession depend on the type and amount of drug involved:

• Misdemeanor Simple Possession (Schedule VI): For small amounts of marijuana (up to ½ ounce), possession is typically a Class A misdemeanor.
  • Jail Time: Up to 11 months and 29 days.
  • Fines: Up to $2,500.
• Misdemeanor Simple Possession (Other Schedules): Possession of small amounts (less than 0.5 grams) of Schedule I, II, III, IV, or V drugs, such as heroin, cocaine, or prescription drugs without a valid prescription, is also a Class A misdemeanor.
  • Jail Time: Up to 11 months and 29 days.
  • Fines: Up to $2,500.

Possession of drug paraphernalia, such as pipes, syringes, or scales, is generally considered a Class A misdemeanor in Tennessee:

• Jail Time: Up to 11 months and 29 days.
• Fines: Up to $2,500.

Yes. Prescription drug offenses are common in Tennessee and often involve painkillers like oxycodone or hydrocodone. Common prescription drug charges include:

• Possession of a controlled substance without a prescription.
• Prescription fraud, including forging prescriptions or “doctor shopping” to obtain multiple prescriptions.

Penalties for illegal possession or fraudulent use of prescription drugs are the same as for other controlled substances, with charges ranging from misdemeanors to felonies, depending on the drug and the amount involved.

Possession with intent to sell or distribute illegal drugs is a much more serious charge, often classified as a felony. Penalties depend on the type and amount of drugs:

• Class E Felony (Schedule VI - Marijuana under 10 pounds):
  • Prison Sentence: 1 to 6 years.
  • Fines: Up to $5,000.
• Class C Felony (Schedule I, II, III, IV Drugs – Cocaine, Meth, etc.):
  • Prison Sentence: 3 to 15 years.
  • Fines: Up to $100,000.

Higher quantities and more dangerous substances can result in even greater penalties, including life sentences for major trafficking or large-scale drug operations.

Drug trafficking generally involves the transportation, distribution, or sale of large quantities of illegal drugs. Penalties vary depending on the type and amount of drugs involved:

• Class B Felony (For larger amounts of Schedule I or II substances like cocaine, methamphetamine, heroin, etc.):
  • Prison Sentence: 8 to 30 years.
  • Fines: Up to $100,000 or more.
• Class A Felony (For trafficking larger quantities or involving criminal enterprises):
  • Prison Sentence: 15 to 60 years.
  • Fines: Up to $500,000.

Manufacturing drugs, including operating meth labs or growing large amounts of marijuana, is typically charged as a felony. The penalties are severe:

• Class B Felony (Schedule I or II substances like methamphetamine, heroin, etc.):
  • Prison Sentence: 8 to 30 years.
  • Fines: Up to $100,000.
• Class E Felony (Smaller operations involving Schedule VI drugs like marijuana):
  • Prison Sentence: 1 to 6 years.
  • Fines: Up to $5,000.

A drug conviction can have long-term consequences, including:

• Criminal Record: A conviction will appear on your criminal record, affecting job opportunities, housing, and loans.
• Driver’s License Suspension: You may face suspension of your driver’s license.
• Federal Aid Ineligibility: You may lose eligibility for federal student loans and financial aid if convicted of drug offenses.
• Loss of Civil Rights: A felony conviction can result in the loss of the right to vote or possess a firearm.

Yes, there are several defenses that may be available depending on your case. These can include:

• Unlawful Search and Seizure: If the police did not have a valid search warrant or probable cause, the evidence may be suppressed.
• Failure to properly distinguish: Between legal and illegal ‘weed’.
• Lack of Possession: You may be able to argue that the drugs were not yours or that you had no control over the substance.
• Entrapment: If law enforcement induced you to commit a crime you would not have otherwise committed, this could be a defense.

It’s crucial to consult with an experienced criminal defense attorney to explore your legal options and fight the charges.

If you are arrested and charged with a drug offense:

1. Assert your right to remain silent and do not make any statements to law enforcement and unequivocally assert your right to speak to an attorney before making any statements.
2. Contact a lawyer immediately to discuss your case and build a defense.
3. Avoid discussing your case with anyone else, as it could be used against you.