Prescription drugs are legally prescribed for a variety of legitimate medical reasons—but when they’re used improperly or possessed without a valid prescription, they can quickly lead to serious criminal charges in Tennessee. In recent years, law enforcement across the state, including in Knoxville and surrounding areas, has ramped up efforts to combat prescription drug abuse and diversion, resulting in an increase in arrests and prosecutions.
Whether you’ve been accused of possessing medication that wasn’t prescribed to you, charged with driving under the influence of a prescription drug, or are under investigation for alleged prescription fraud, understanding the legal landscape is essential. The consequences can be severe, including fines, jail time, and a permanent criminal record.
In this article, we’ll break down the most important things you need to know about prescription drug charges in Tennessee—what the law says, what penalties you could face, and how a knowledgeable criminal defense attorney can help protect your rights.
Common Prescription Drugs Involved in Criminal Charges
In Tennessee, many commonly prescribed medications are classified as controlled substances under state and federal law. This means that even though these drugs are legal when properly prescribed and used, possessing or using them without a valid prescription—or using them in a way not prescribed—can result in criminal charges.
Frequently Charged Prescription Medications:
- Oxycodone (OxyContin, Percocet)
- Hydrocodone (Lortab, Norco, Vicodin)
- Alprazolam (Xanax)
- Diazepam (Valium)
- Adderall and Ritalin (used for ADHD)
- Codeine-based cough syrups
These drugs fall into various schedules under the Tennessee Controlled Substances Act:
- Schedule II (e.g., Oxycodone, Adderall): High potential for abuse, with severe penalties for unauthorized possession.
- Schedule IV (e.g., Xanax, Valium): Lower potential for abuse than Schedule II but still subject to regulation and prosecution.
When a Prescription Becomes a Problem
Even if a medication is legally prescribed, it can lead to charges in several situations:
- Possessing the drug without a valid prescription in your name
- Sharing or selling your medication to someone else
- Driving under the influence of prescription drugs, even if taken as directed
- Keeping pills in an unmarked container instead of the original prescription bottle
Law enforcement and prosecutors in Tennessee treat unauthorized possession of these drugs as seriously as illegal street drugs. What might seem like a minor oversight—like carrying a few pills in your pocket—can lead to arrest and criminal charges.
Types of Prescription Drug Charges in Tennessee
Prescription drug-related offenses in Tennessee can range from simple possession to more serious crimes like trafficking or fraud. The charges you face depend on several factors, including the type of drug, how much you had, and what law enforcement believes you intended to do with it.
1. Possession Without a Prescription
This is the most common charge and occurs when someone is found with prescription medication that was not prescribed to them. Even having just a few pills can lead to criminal charges.
- Example: Carrying Xanax or Oxycodone that belongs to a friend or relative.
- Penalty: Often charged as a Class A misdemeanor or a felony depending on the amount and prior offenses.
2. Possession with Intent to Sell or Distribute
If the quantity of drugs is large or there is evidence suggesting distribution (such as multiple baggies, large amounts of cash, or scales), you may be charged with possession with intent.
- Key Factors: Drug amount, packaging, and whether law enforcement believes you intended to sell.
- Penalty: Typically charged as a felony with significant prison time.
3. Doctor Shopping / Prescription Fraud
Tennessee law makes it illegal to obtain multiple prescriptions from different doctors without disclosing existing prescriptions—a practice known as “doctor shopping.” Forging prescriptions or impersonating medical personnel are also common forms of prescription fraud.
- Example: Visiting multiple clinics to get Adderall prescriptions without disclosing existing medications.
- Penalty: Charged as a felony, often involving fraud-related enhancements.
4. DUI Involving Prescription Drugs
Driving under the influence doesn’t only apply to alcohol or illegal drugs. In Tennessee, it’s illegal to drive if you’re impaired by any substance—including legally prescribed medications.
- Common Substances: Xanax, painkillers, or any medication that affects alertness.
- Penalty: Same as other DUI offenses—fines, license suspension, potential jail time.
These charges can have long-term consequences even beyond the courtroom. The good news is that many of these cases have potential legal defenses or opportunities for reduced charges through treatment programs or pretrial diversion.
Penalties for Prescription Drug Possession in Tennessee
The penalties for prescription drug possession in Tennessee can be severe, especially when the offense involves high quantities, intent to distribute, or repeat offenses. Whether you’re facing a misdemeanor or a felony depends on the specific drug, the amount, and the nature of the alleged crime.
Misdemeanor vs. Felony Possession Charges
- Simple Possession (First Offense):
Usually charged as a Class A misdemeanor, which can carry:- Up to 11 months and 29 days in jail
- Fines up to $2,500
- Probation, drug testing, and mandatory treatment
- Felony Possession / Possession with Intent to Distribute:
Charged based on drug schedule and amount:- Class C or D Felony for most prescription drug distribution cases
- 3 to 15 years in prison
- Fines up to $100,000
- Possible asset forfeiture (e.g., vehicles, cash)
Other Enhancements and Aggravating Factors
- Proximity to schools or public parks:
Charges can be elevated with mandatory minimum sentences. - Repeat offenses:
Prior drug convictions may increase the severity of the charge and sentencing range. - Prescription fraud or doctor shopping:
Typically a Class D or E felony, often prosecuted as a financial crime with additional penalties.
Collateral Consequences
- Loss of professional licenses (especially for nurses, doctors, pharmacists)
- Impact on employment and housing opportunities
- Restrictions on gun ownership
- Denial of federal student aid for students
Tennessee courts often allow for alternatives to incarceration in certain cases—especially for first-time offenders. These may include judicial diversion, drug court, or court-ordered treatment programs, but they require timely legal intervention and a strong defense strategy.
Legal Defenses to Prescription Drug Charges
If you’re facing prescription drug charges in Tennessee, it’s important to know that being charged doesn’t mean you’re automatically guilty. Depending on the circumstances, there may be strong legal defenses that could lead to reduced charges—or even a complete dismissal of your case.
1. Valid Prescription
If you had a lawful prescription for the medication at the time of your arrest, you may have a complete defense to possession charges. However, it’s critical to show proof—such as the prescription label, medical records, or testimony from your healthcare provider.
- Note: The prescription must be current and in your name. An expired prescription or someone else’s prescription won’t protect you.
2. Unlawful Search and Seizure
If police obtained evidence through an illegal search—such as stopping you without probable cause or searching your vehicle or home without a warrant or valid consent—your attorney can file a motion to suppress the evidence. Without that evidence, the prosecution may be forced to drop the case.
3. Lack of Knowledge or Intent
In some cases, people are unaware that they are in possession of a controlled substance—for example, if someone else left pills in their car or bag. Similarly, the prosecution must prove intent to distribute in “intent to sell” cases, which can be challenged if there’s no strong supporting evidence.
4. Chain of Custody Issues
If the police mishandled the evidence or there’s a break in the chain of custody, the reliability of the drug evidence may be compromised. This can weaken the prosecution’s case significantly.
5. Entrapment
While rare, if law enforcement persuaded or pressured you into committing a crime you would not otherwise have committed (often in undercover operations), you may have an entrapment defense.
Every case is unique, and the best defense will depend on the specific facts of your situation. That’s why it’s crucial to consult with an experienced Tennessee criminal defense attorney who can evaluate all possible strategies.
What to Do If You’re Charged — And How Barnes and Fersten Can Help
If you’re arrested or under investigation for prescription drug charges, it’s critical to protect yourself from the start. Do not speak to police without an attorney present, preserve any evidence such as prescription bottles or medical records, and avoid discussing your case with anyone but your lawyer. The earlier you involve a criminal defense attorney, the better your chances of protecting your rights and limiting the damage.
At Barnes and Fersten, we have successfully defended clients from prescription drug charges across East Tennessee. Our dedicated defense team will dig deep into the facts, challenge the State’s assumptions, and pursue every legal defense available to secure the best possible outcome.
Don’t wait for the charges to define your future—let us help you take control of your case. Call us today at (865) 805-5703 or fill out our contact form for a free, confidential consultation. The sooner you reach out, the sooner we can start fighting for you.
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, Loudon County, Roane County, Anderson County, Cumberland County, Hamblen County, Monroe County, and McMinn County.
