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Tennessee’s drug laws include multiple variations of charges that criminalize unlawful possession of certain substances and/or drugs. Drug laws also vary based on the “schedule” of a substance. A “schedule” is the classification or level associated with each substance and ultimately determines the severity of the consequences related to the possession of the substance. For example, Heroin is a Schedule I substance; Meth is a Schedule II substance; and Marijuana is a Schedule VI substance.
Looking at Marijuana specifically, Unlawful Possession of Sch. VI (Marijuana) can be alleged in multiple ways. The most serious is TCA 39-17-417 – Possession of Sch. VI with intent to Manufacture, Deliver or Sell. Possession of Marijuana w/Intent to Manufacture, Deliver or Sell can range from an E Felony to an A Felony, and if convicted can carry punishments that include serving jail time, having a felony conviction on your record, and serious fines. This is why it’s important to have an experienced Criminal Defense Attorney who can spot all legal issues in your case, to try to avoid the negative impacts a conviction can have on your life. So how does that happen?
According to TCA 39-17-417, it is an offense for a defendant to knowingly:
(1) Manufacture a controlled substance;
(2) Deliver a controlled substance;
(3) Sell a controlled substance; or
(4) Possess a controlled substance with intent to manufacture, deliver or sell the controlled substance.
Focusing on Marijuana, the State must show that the suspect possessed a controlled substance (Sch. VI Marijuana), and that when they possessed the Marijuana the suspect intended to manufacture marijuana, deliver the marijuana, or sell the marijuana. An experienced defense attorney knows what evidence the State will try to use when prosecuting a felony drug case.
The State must rely upon specific observations and evidence when they are prosecuting these types of cases. First, regarding whether a suspect is possessing marijuana to “sell” it, evidence like the amount of marijuana found will be highly relevant. TCA 39-17-417 states over 14.175 grams (one-half ounce) of marijuana is considered a Felony. Law Enforcement will normally get a “field weight” of any marijuana found, by weighing the substance at the scene or back at the jail. Once over 14.175 grams, the weight determines the classification of felony:
E Felony: 14.175 grams – 10lbs
D Felony: 10lbs – 70 lbs or 10-19 plants
C Felony: 20 – 99 plants
B Felony: 70lbs – 300lbs or 100-499 plants
A Felony: 300+ lbs or 500+ plants
Next, some of the strongest evidence for the State will be specific evidence that tends to show a “sell” was occurring – possible surveillance, informants, or even text messages can be utilized. An experienced Defense Attorney will know how to challenge the report the State will rely upon to show that the substance is Marijuana and also suppress any evidence unlawfully obtained.
When the State does not have evidence as strong as above, other indicators of resale will be utilized. How is the marijuana packaged – is the marijuana in multiple separate bags or just one package? Additionally, are there other observations that would indicate resale? Did law enforcement find any scales, or large amounts of cash? Are there any ledgers that might indicate book keeping of sales? Are there multiple unused baggies? This evidence, or the lack thereof, can determine the strength of the State’s case and be used to create leverage to get the case resolved favorably for the person charged.
Like most criminal charges, the court when examining specific evidence in a drug case will look at the “totality of the circumstances.” This means that while a single piece of evidence may not be enough to prove the charge, the State can try to prove their case by showing all of the evidence together indicates the suspect was possessing the marijuana with intent to manufacture, deliver, or sell it.
At Barnes & Fersten, we’ve successfully defended clients facing felony marijuana possession charges across Tennessee. We know how to challenge weak evidence, fight for case dismissals, and negotiate reduced charges to protect your future.
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No two marijuana felony cases are the same. We examine every angle to build a custom defense for your case, including:
Felony marijuana possession in Tennessee generally involves possessing over 14.175 grams (half an ounce) or having evidence suggesting intent to sell, deliver, or manufacture marijuana.
Prosecutors look at factors like packaging (multiple bags vs. one), scales, large amounts of cash, text messages, and surveillance evidence to argue intent to distribute rather than personal use.
Yes. If marijuana is found in your home, car, or within your control, you could face constructive possession charges, even if it didn’t belong to you.
First-time offenders may have options like diversion programs, probation, or reduced sentencing, depending on the circumstances. It is imperative to have a strong legal defense to increase your chance of avoiding a conviction.
Yes—Tennessee does not allow expungement of felony drug convictions. That’s why it’s crucial to fight felony marijuana charges before a conviction happens.
A felony marijuana 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 felony 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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