If you were arrested and charged with possession, manufacturing, or dealing drugs in Tennessee, is is essential to take the charges against you seriously because the consequences of a conviction could negatively impact your future for many years to come. Protecting your freedom and your future begins with understanding the charges against you. With that in mind, a Murfreesboro criminal defense attorney at Bennett | Michael | Hornsby offers the following guide to Tennessee drug laws.
Tennessee Drug “Schedules”
Similar to its federal counterpart, Tennessee classifies controlled substances into “schedules” based on their potential for abuse, accepted medical use, and
likelihood of causing dependence. Schedule I substances are considered the most dangerous with no accepted medical use, while Schedule VII substances are considered to be the least dangerous and, therefore, the least restricted. The schedule of the drug involved in your case is one of the most important factors in determining the charges against you and the penalties you may face if convicted.
Possession of a Controlled Substance in Tennessee
When a small quantity of a controlled substance is involved, you will typically be charged with possession instead of a more serious crime such as manufacturing or dealing. Possession of drugs is usually charged as a misdemeanor in Tennessee as follows:
- Marijuana: Although many other states have legalized or decriminalized possession of marijuana, Tennessee is not one of them. Possession of a half-ounce or less of marijuana is still considered a Class A misdemeanor with a first offense carrying up to 11 months and 29 days in jail, a fine of up to $2,500, and mandatory participation in a drug offender school. A second or subsequent conviction can result in enhanced penalties, including higher fines and mandatory minimum sentences.
- Possession of a Controlled Substance: Possession of most other controlled substances, such as cocaine or heroin, is also charged as a Class A misdemeanor in Tennessee and carries the same potential penalties as possession of marijuana.
- Possession of Methamphetamine: While possession of methamphetamine is charged as a Class A misdemeanor, Tennessee law requires you to serve a mandatory minimum of 30 days if convicted.
Manufacturing, Delivering, or Selling a Controlled Substance in Tennessee
If you are charged with manufacturing, delivering, or selling a controlled substance in Tennessee you will face felony charges, the severity of which will depend on the type and quantity of the drugs involved. You may also face felony charges for “possession with intent to manufacture, deliver, or sell” if there is a large quantity of drugs involved or there is additional evidence to support the belief that you were dealing drugs, such as packaging materials, scales, or other items associated with drug trafficking. The potential penalties for a conviction involving the manufacture, delivery, or sale of a controlled substance in Tennessee may include:
- Schedule I and II Substances: This includes drugs such as heroin, cocaine, methamphetamine, and oxycodone and may be charged as a Class A or B felony. Depending on the quantity of drugs involved. A conviction for a Class B felony includes eight to 30 years in prison and fines of up to $100,000 while conviction of a Class A felony carries 15 to 60 years in prison and fines up to $500,000.
- Schedule III through VII Substances: This includes substances such as ketamine, anabolic steroids, Xanax, and prescription cough medicines. Typically charged as a Class D felony, a conviction is punishable by two to 12 years in prison and fines up to $50,000.
- Marijuana: Manufacturing, delivering, or selling up to 10 pounds of marijuana can be charged as a Class E felony in Tennessee. If convicted, you face one to six years in prison and a fine of up to $5,000. If more than 10 but less than 70 pounds is involved, you can be charged with a Class D felony, punishable by two to 12 years in prison and fines up to $50,000 while larger quantities can subject you to Class C felony charges.
Contact a Murfreesboro Criminal Defense Attorney
If you have been charged with a criminal offense involving the possession, manufacture, delivery, or sale of a controlled substance in Tennessee, consult with an experienced Murfreesboro criminal defense attorney at Bennett | Michael | Hornsby as soon as possible to discuss your legal options. Contact the team today by calling 615-898-1560 to schedule your free appointment.
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