Getting hit with a drug possession charge in Tennessee is no small issue. The penalties can wreck your life, including jail time, fines, and a permanent record that could shut the door on future opportunities. But you don’t have to accept the worst outcome—these charges can be fought and beaten in court. In this blog, we’ll break down how a criminal defense attorney can challenge a drug charge and protect your future.
Understanding Drug Possession Charges In Tennessee
If you’re facing a drug possession charge in Tennessee, it’s important to know exactly what these charges mean and their potential penalties:
Simple Possession or Casual Exchange (Misdemeanor)
Simple possession is charged when you’re caught with a small amount of a controlled substance for personal use. This charge applies to all illegal drugs, including marijuana, cocaine, and prescription medications without a valid prescription. In Tennessee, simple possession is typically classified as a Class A misdemeanor and is punishable by:
- Up to 11 months and 29 days in jail.
- Fines up to $2,500.
- A permanent criminal record, which can impact employment, housing, and educational opportunities.
First-time offenders may qualify for probation or a diversion program, which could lead to dismissal of the charges upon successful completion. However, second and subsequent offenses are treated more harshly, with increased penalties.
Drug Substance Matters: The type of drug found to be in possession will also have a significant impact on the case. For example, simple possession of methamphetamine, although still a Class A misdemeanor, it has a mandatory minimum thirty (30) days in jail if convicted.
Possession with Intent to Distribute or Sell (Felony)
If law enforcement finds evidence suggesting the drugs in your possession were meant for more than just personal use, such as having large quantities, packaging materials (plastic bags, scales) or significant amounts of cash, you could face a felony charge for possession with intent to distribute or sell. This type of charge is more serious and can result in:
- Class B, C, or D felony charges, depending on the drug and quantity.
- Prison sentences ranging from 2 to 30 years, depending on the circumstances.
- Substantial fines, potentially exceeding $100,000 for the most serious offenses.
It’s important to note that for certain drugs such as methamphetamine and fentanyl, the threshold for a felony charge can be relatively small. Methamphetamine sale charges also carry a mandatory minimum jail sentence of 180 days or 6 months, but the sentence can be extraordinarily longer. Even possession of a few grams can lead to serious penalties. This reflects Tennessee’s tough stance on these substances, which are considered especially dangerous because of their high potential for abuse.
Additionally, if you’re arrested near schools or public parks, enhanced penalties apply under Tennessee’s Drug-Free School Zone laws, which can result in mandatory minimum sentences and harsher fines.
Contact a Drug Possession Lawyer in Tennessee
It is not recommended to face drug possession charges alone. Hiring an experienced drug possession attorney can make the difference between a criminal conviction and a successful defense. Here’s why it is vital to have a lawyer on your side:
1. Knowledge in Drug Laws and Procedures
Drug possession cases involve complex laws and procedures that only an experienced attorney can navigate effectively. A skilled lawyer understands Tennessee’s drug statutes, local court processes, and how to identify weaknesses in the prosecution’s case. They’ll evaluate every aspect of your situation, from the arrest details to the evidence, to develop the strongest possible defense.
2. Protecting Your Rights
Without legal representation, you risk having your rights violated without even realizing it. A defense attorney ensures that law enforcement follows the correct procedures and respects your rights at every stage of the case. If any part of your rights were violated—whether through an unlawful search, improper questioning, or mishandling of evidence—your attorney will move to have the charges reduced or dismissed.
3. Building a Customized Defense Strategy
Every drug possession case is unique, and your defense should reflect that. An experienced lawyer will tailor a defense strategy based on the specifics of your case. Whether it’s challenging the legality of the search, negotiating reduced charges, or seeking alternative sentencing options, your lawyer’s goal is to get you the best possible outcome in your case.
Marijuana possession cases are very difficult for the state to prove now due to the legal marijuana products such as delta 8, delta 10, THC-A, THC-P, among other variations. Officers are not trained, similar to canine dogs, to tell the difference between the legal or illegal variation of THC with the naked eye and smell. This means that without testing the product, the State cannot prove it is the illegal version. Even an admission of the marijuana being he illegal delta-9 does not definitively prove the State’s case. There is a strong argument that someone could believe they purchased the illegal version off the streets but that the dealer in actuality sold the legal version unbeknown to the accused.
4. Explore Alternative Sentencing Options
In some cases, there may be alternatives to jail time, such as probation, diversion programs, or drug court. An attorney can help negotiate these options, potentially keeping your record clean and helping you avoid long-term consequences. An alternative from the mandatory jail sentence of a methamphetamine possession case, even if there are no legal defenses, may be to complete in-patient or outpatient treatment. Treatment rather than jail may convince a prosecutor to amend the charge to avoid the mandatory 30 day minimum jail sentence. This is assuming there were no legal defenses to avoid the charge in the first place. However, our attorneys always evaluate every potential legal defense to attempt to get the charge dismissed or reduced before looking into alternative sentencing options.
Potential Defenses for Drug Possession Charges in Tennessee
Facing a drug possession charge doesn’t mean you’re automatically guilty. There are several defenses that can be used to challenge the charges and potentially get them reduced or dismissed. Here are some common defenses used in drug possession cases:
1. Illegal Search and Seizure
One of the most common defenses in drug possession cases is challenging the legality of the search that led to the discovery of the drugs. The Fourth Amendment protects you from unreasonable searches and seizures. If the police conducted a search without a warrant, without your consent, or without probable cause, any evidence obtained may be inadmissible in court. If the search was illegal, your attorney can file a motion to suppress the evidence, which could lead to the dismissal of the charges.
2. Lack of Possession
To be convicted of drug possession, the prosecution must prove that the drugs were in your possession or under your control. In some cases, the drugs may have been found in a shared space, such as a vehicle or home, where multiple people had access. If the prosecution cannot prove that the drugs belonged to you or that you had control over them, your attorney may argue that you were not in possession of the drugs. However, the State does not have to prove actual possession, they can prove possession through constructive possession meaning everyone in the vehicle had the ability to exercise dominion or control over the drugs. There are numerous factors the court looks at to determine whether the State can prove constructive possession. Your criminal defense attorney should heavily scrutinize and attack any constructive possession argument by the state where the evidence is weak that you ever touched or knew the drugs were in the alleged location.
3. Entrapment
Entrapment occurs when law enforcement officers induce someone to commit a crime they otherwise would not have committed. If an undercover officer persuaded or pressured you into possessing drugs, and you can prove that you wouldn’t have done so without the officer’s involvement, this could serve as a valid defense.
4. Chain of Custody Errors
For the prosecution to succeed, they must establish an unbroken chain of custody for the drugs from the moment they were seized to the time they are presented as evidence in court. If there are any breaks in this chain—such as mishandling, improper storage, or tampering with evidence—the integrity of the evidence can be called into question. Your attorney may use this to challenge the prosecution’s case.
5. Insufficient Evidence
In some cases, the prosecution may not have enough evidence to prove beyond a reasonable doubt that you were in possession of drugs. If the evidence is weak or unreliable, your attorney can argue that the prosecution has failed to meet the burden of proof, which could result in a dismissal or acquittal.
Alternative Sentencing Options for Drug Possession in Tennessee
In some drug possession cases, especially for first-time offenders, there may be alternatives to the harsh penalties of jail time and heavy fines. Tennessee offers several programs and sentencing alternatives that focus on rehabilitation rather than punishment. These options can help you avoid a criminal conviction, keep your record clean, and get your life back on track
1. Judicial Diversion
Judicial diversion occurs after you plead guilty to the charges. The court will defer your sentence while you complete probation, and if you meet all the conditions, your guilty plea will be withdrawn, and the charges dismissed.
- Who qualifies? First-time offenders who plead guilty to certain drug-related offenses, such as simple possession.
- Benefits: The charges are dismissed after completing probation, and you can later apply to have your record expunged.
2. Probation
In some cases, instead of serving jail time, the court may sentence you to probation. Probation allows you to remain in the community under certain conditions, such as regular check-ins with a probation officer, drug testing, and avoiding further legal trouble. Failure to comply with the terms of probation can result in jail time.
- Who qualifies? Individuals convicted of drug possession, especially first-time offenders.
- Benefits: Avoid jail time, remain in the community while fulfilling probation requirements.
3. Expungement
If you complete a diversion program or are acquitted of the charges, you may be eligible for expungement, which means your record is wiped clean. Expungement can remove the drug possession charge from your public criminal record, making it easier to find employment, housing, and educational opportunities.
- Who qualifies? Individuals who have successfully completed diversion or had their charges dismissed. If you have two or less convictions, even being convicted of a possession charge may be eligible to be expunged 5 years after you complete probation.
- Benefits: A clean record, better opportunities for employment and housing.
4. Drug Court
Tennessee has established drug court programs to help individuals with substance abuse issues get the treatment they need instead of sending them to jail. Drug court is a highly structured program that includes court-supervised drug treatment, regular drug testing, therapy, and counseling. It’s designed to address the root causes of addiction while holding participants accountable for their progress. It is a very difficult program to complete and only recommended in limited circumstances usually in drug sale cases involving high level felonies where serious jail time is at risk but the prosecutor agrees to drug court in lieu of jail or prison.
- Who qualifies? Individuals facing non-violent drug charges who are struggling with addiction may be referred to drug court.
- Benefits: Successful completion of the program can result in reduced charges or dismissal of the case, as well as the opportunity to receive treatment and avoid incarceration.
Tennessee’s alternative sentencing options provide a second chance for many people facing drug possession charges. If you qualify, these programs can help you avoid jail time, reduce the long-term consequences of a conviction, and get the support you need to overcome substance abuse issues. A drug possession attorney can help determine if you’re eligible for these alternatives and guide you through the process.
Tips On Protecting Your Rights In Drug Cases
Knowing your rights can make a significant difference in the outcome of your case. Law enforcement officers must follow specific legal procedures during your arrest, and any violation of your rights can be used to challenge the charges against you. Here’s what you need to remember:
1. Right to Remain Silent
You have the constitutional right to remain silent when questioned by police. It’s important to avoid making any statements or admissions about the drugs or the situation without legal representation. Anything you say can and will be used against you in court, so it’s best to stay quiet and ask for an attorney.
2. Right to an Attorney
You have the right to speak to an attorney before answering any questions from law enforcement. Whether you’re under arrest or not, invoking your right to legal counsel is essential. A skilled defense attorney can guide you on what to say (or not say) and how to approach your case strategically.
3. Right to Refuse a Search Without a Warrant
Law enforcement officers must have a valid search warrant, your consent, or an exception (like probable cause) to search your property, including your home, vehicle, or personal belongings. If the police conduct an illegal search without your permission or a warrant, any evidence they find may be thrown out in court. You should politely decline consent to a search unless a valid warrant is presented.
Take Action Now With Barnes & Fersten
Facing a drug possession charge in Tennessee is a serious matter, but you don’t have to face it alone. At Barnes & Fersten, we understand what’s at stake. We’ve successfully helped clients beat drug possession charges, reduce penalties, and explore alternative sentencing options.
Call us today at 865-805-5703 or fill out our contact form for a free consultation. Our lawyers can start building a defense that gives you the best possible chance to move forward without the heavy burden of a criminal conviction. Time is critical, so don’t wait—call or message us now to get started.
Attorney At Law, Managing Partner
Brandon D. Fersten is an esteemed Knoxville attorney practicing DUI, criminal defense, and juvenile law. Known for his empathetic approach and commitment to his clients, he brings a record of favorable case outcomes including dismissals and not guilty verdicts at jury trials resulting in Brandon being recognized as one of the “Top 40 Under 40” in Criminal Defense, U.S. News’ Best Lawyers: “Ones to Watch,” and Super Lawyers’ “Rising Stars”. Brandon’s professional accolades, combined with his passion for justice, position him as a reliable criminal defense advocate in the East Tennessee legal landscape, including Knox County, Blount County, Sevier County, Roane County, Anderson County, and Cumberland County.
