Drug Possession – Marijuana

Marijuana is an illegal substance and possession or marijuana, as with any  controlled substance is against the law in Tennessee. Though recent surveys and legislation across the country has shown that many Americans favor the decriminalization of marijuana, in Tennessee, a marijuana charge can still be aggressively prosecuted.

If you are facing Marijuana possession in Tennessee, or more serious charges of possession with intent to distribute, we can help. We have defended many marijuana cases in the Tennessee court system and that experience can make a big difference on your side when you go to court.

You may have been caught with a small personal stash and need someone to assist you with the legalities of this relatively minor charge. However, you may be facing serious felony charges for cultivation or intent to deliver. Either way, we are here to defend you, and fight for your rights in court.

Simple Possession of Marijuana - Laws & Penalties

If you are charged with simple possession or casual exchange of marijuana you will face Class A misdemeanor penalties. This means you may serve up to one year in jail and face fines up to $2,500.

If this is your second or greater conviction under this law you will face Class E felony charges which carry a potential sentence of 1-6 years and fines up to $3,000.

In addition to any jail or fines, you may be required to take a drug education class at the discretion of the judge.

Ref: TCA 39-17-418

Marijuana Possession with Intent to Deliver

If you are charged with possession with intent to sell or deliver, the penalties are much stiffer. How the court determines that you were “intending” to deliver the drugs is based on much more than the amount you were caught with. Things like scales, baggies, and frequent traffic from your home can all be evidence that you were intending to sell.

The penalty and charges you will face depend on the amount of marijuana in your possession at the time of the offense.

Ref: TCA 39-17-417

Can I Beat a Marijuana Possession Charge in Tennessee?

Yes, there are always legal defenses we can pursue, depending on the exact facts of your case, and what happened when you were arrested.

Did the police have a legal right to search you? You cannot be stopped or searched without a valid warrant or probable cause to do so. This applies to your car, your house or apartment, and your person. If not, then we have a fourth amendment challenge based on the laws against illegal search.

Can the police and prosecutors prove the marijuana or substance in question is actually yours? Just because something is found in your car or home doesn’t mean it belongs to you, or that you even knew it was there. It could have been left by a roommate, friend, or guest.

The prosecution must prove all these facts against you beyond a reasonable doubt. If not, you have the presumption of innocence, and should be found not guilty.

Free Consultation on Tennessee Marijuana Possession Charges

When facing any criminal drug charges in Tennessee, I know you are concerned about what could happen to you. And the truth is, for the more serious charges, you could face the frightening prospect of jail time.

But even if that isn’t a realistic fear, any charge can leave you with a permanent criminal record. Especially for a young person, the prospect of being a convicted drug criminal is potentially very damaging. That label could follow you for life, with future career opportunities lost to a dumb mistake.

We are experienced attorneys who know how to fight drug charges and win. And most importantly, we work to protect the best interests of our clients. If you are faced with a marijuana/drug charge in Tennessee, please contact us for a consultation.  We’ll tell you exactly what we can to do help you fight and win against Tennessee marijuana charges. There’s no obligation for the initial consultation and legal advice.