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Tennessee has some of the strictest drug laws in the country. Being arrested for cocaine possession in Tennessee is a serious matter, and if you’ve found yourself in this situation, you’re likely worried about what happens next. Our legal team is here to help you fight back and ensure that this charge doesn’t define the rest of your life.
A drug conviction can have lasting consequences, including jail time, heavy fines, and a permanent criminal record that affects everything from employment to housing. But an arrest doesn’t mean a conviction is guaranteed. Drug charges can be based on questionable evidence, illegal searches, or assumptions by law enforcement—and that’s where the right legal defense makes all the difference.
At Barnes & Fersten, we know that every case is different and that prosecutors often overcharge defendants, pushing for felony convictions even when the evidence is weak. Our defense team is ready to challenge the State’s case, protect your rights, and fight for a reduction or dismissal of your charges.
Possession of a controlled substance can be charged in multiple ways, depending on factors such as:
When police arrest someone for cocaine possession, they often assume felony charges based on weight alone. However, there are many other legal factors that could reduce your charge to a misdemeanor or even result in a dismissal—which is why it’s critical to have an experienced criminal defense attorney review the details of your case.
Tennessee law classifies controlled substances based on a schedule system, with cocaine listed as a Schedule II drug. Depending on the amount found in your possession, you could be facing either a misdemeanor or a felony charge—and the difference is significant.
Cocaine is classified as a Schedule II controlled substance under Tennessee law (T.C.A. 39-17-417 & 39-17-418), meaning penalties vary based on the amount found in your possession.
| Charge | Cocaine Weight | Penalty |
|---|---|---|
| Misdemeanor Possession | Less than 0.5 grams | Up to 11 months, 29 days jail or probation |
| Felony Possession (Class B Felony) | More than 0.5 grams | 8-12 years in prison, no judicial diversion |
📌 Key Takeaway: If the amount is above 0.5 grams, prosecutors will almost always charge it as a felony, even if there’s no clear evidence of intent to distribute. However, with the right defense strategy, your charges may be reduced, dismissed, or reclassified as a misdemeanor.
According to the statute, a person commits felony possession when they manufacture, deliver, sell, or possess (“MDSP”) with the intent to manufacture, deliver or sell cocaine above 0.5 grams. The penalties are severe, meaning that you need the best representation possible to protect your freedom and your record. A conviction for Felony Schedule II – Cocaine is a B felony, meaning that with no criminal record the conviction would carry 8-12 years through probation, prison, or a combination of the two. A class B felony is also not eligible for a judicial diversion, meaning that you would be a convicted felon. That is why it is so important to get professional counsel to avoid the risk of you becoming a felon.
What does that mean for your case? That means it is crucial to find issues with the officer’s investigation. For example, there are several indicators of “re-sale” that officers overlook, like the manner the cocaine was bagged in. Was it in one single bag or was it dispersed over several smaller bags? These issues become very important during negotiations, especially for showing that you were not trying to sell cocaine.
Cocaine possession charges come with unique challenges. Our team at Barnes & Fersten has extensive experience defending felony drug cases across Tennessee. From challenging unlawful searches to disputing intent to distribute, we know how to build a defense that protects your future.
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We focus on exposing weaknesses in the prosecution’s case by analyzing every detail of your arrest:
Even if you were charged with felony possession, we fight to have charges reduced, dismissed, or negotiated into alternative sentencing options.
Possession of any amount of cocaine is illegal in Tennessee. If the amount is less than 0.5 grams, it is considered simple possession (a misdemeanor). Anything over 0.5 grams can be charged as felony possession with intent to sell, manufacture, or distribute.
Tennessee law states that 0.5 grams or more of cocaine automatically qualifies as felony possession under T.C.A. 39-17-417. Even if there’s no immediate proof of selling or distributing, the weight alone can lead to felony charges.
You can still be charged under constructive possession laws, meaning if cocaine was found in your car, home, or in your presence, you could be held responsible. A skilled defense attorney can argue lack of knowledge or control over the substance to fight the charge.
No, felony drug convictions in Tennessee are not eligible for expungement. This is why fighting the charge from the start is critical—you want to avoid a conviction at all costs.
It depends. Police must have probable cause, consent, or a valid search warrant to search your home or vehicle. Illegal searches and seizures are one of the most common reasons for drug charges being dismissed.
Yes—Tennessee does not allow expungement of felony drug convictions. That’s why it’s crucial to fight felony cocaine charges before a conviction happens.
A cocaine possession charge in Tennessee can lead to years in prison, thousands in fines, and a lifelong criminal record—but it doesn’t have to. The steps you take right now can make all the difference in your case.
At Barnes & Fersten, we know how Tennessee courts handle drug cases, and we fight aggressively to challenge questionable evidence, protect your rights, and minimize the impact of your charges. Whether through case dismissals, plea negotiations, or alternative sentencing options, we’re here to fight for you.
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