Facing felony drug charges in Tennessee is a serious, life-altering event. The state is known for its strict drug laws, and a felony conviction can result in severe consequences, including long prison sentences, hefty fines, and a permanent criminal record that could affect the rest of your life. The stakes are high, and you cannot afford to leave your future to chance. The good news is that felony drug charges can be beaten with the right defense strategy.
In this blog, we’ll explore what constitutes felony drug charges in Tennessee, the factors that can affect these charges, and strategies that a criminal defense attorney can use to defend against these allegations in court.
What Is Considered a Felony Drug Charge in Tennessee?
Felony drug charges typically arise from offenses that go beyond simple possession. They often involve larger quantities of drugs or circumstances suggesting the intent to distribute, manufacture, or traffic narcotics. The specific drug involved, the amount found, and the surrounding circumstances will determine the level of the felony charge you face.
Felony drug charges in Tennessee commonly involve:
- Possession with Intent to Distribute: Implicated when possession exceeds what might be considered for personal use, or if there is evidence such as scales, baggies, or large amounts of cash suggesting intent to sell. The State must establish that the Defendant knowingly manufactured, delivered, sold or possessed with an intent to manufacture, deliver or sell a controlled substance.
- Drug Trafficking: Involves transporting or selling drugs, often across state lines.
- Manufacturing Drugs: Includes growing, producing, or manufacturing illegal substances.
- Aggravating Factors: Certain factors can elevate a drug crime to a felony, such as if the alleged crime occurred near a school or involved minors, or if the defendant has prior drug-related convictions.
Consequences of a Felony Drug Conviction
A felony drug conviction in Tennessee carries severe and far-reaching consequences that can impact every aspect of your life. Unlike misdemeanor offenses, felony convictions come with long-lasting penalties that extend beyond serving prison time or paying fines. Here are the primary consequences of a felony drug conviction in Tennessee:
1. Lengthy Prison Sentences
The most immediate consequence of a felony drug conviction is the possibility of significant time behind bars. Depending on the nature of the offense, felony drug convictions can result in years or even decades in prison. For instance, drug trafficking convictions can carry mandatory minimum sentences, meaning even first-time offenders could face substantial prison time.
Tennessee’s felony classifications range from Class E (the least severe) to Class A (the most severe). Drug-related felonies often fall within Class B, C, or D, with sentences ranging from 2 years up to 30 years or more, depending on the offense.
More specifically:
- Schedule I Drugs: B felony = 8-30 years
- Schedule II Drugs:
- B felony if greater than .5 grams = 8-30 years
- C felony if less than .5 grams = 3-15 years
- Significantly, methamphetamines also has a mandatory minimum 180 days in jail and even simple possession of methamphetamines has a mandatory 30 days in jail.
- Schedule III Drugs: D felony = 2-12 years
- Schedule IV Drugs: D felony = 2-12 years
- Schedule V Drugs: E felony = 1-6 years
- Schedule VI Drugs:
- E Felony if between 14.175 grams and 10 pounds (4,535 grams);
- D Felony if between 10 pounds and 70 pounds (41,696 grams);
- D felony if between 10-19 marijuana plants
- C felony: 20-99 marijuana plants
- Schedule VIII Drug: E felony = 1-6 years
Depending on the amount of each of these drug classifications, the level felony may change.
2. Substantial Fines
In addition to prison time, felony drug convictions often come with steep financial penalties. Tennessee law allows fines up to $500,000 for the most serious offenses, and even lesser felony charges can result in fines that devastate your financial stability. These fines are separate from court costs and any restitution you may owe.
3. Loss of Civil Rights
A felony conviction in Tennessee strips away some of your most fundamental rights, including:
- The right to vote during the time of incarceration, and possibly longer unless rights are restored.
- The right to own or possess firearms, which is permanently revoked for convicted felons unless special legal steps are taken to restore this right.
- Loss of professional licenses, which can prevent you from working in certain fields, including healthcare, law, or education.
4. Long-Term Impact on Employment and Housing
A felony drug conviction can follow you for the rest of your life, making it harder to rebuild. Employers, landlords, and even educational institutions often run background checks, and having a felony on your record can severely limit your options. Many employers are hesitant to hire individuals with drug-related convictions, and finding stable housing can become a major obstacle when landlords see a felony on your record.
5. Social Stigma and Personal Relationships
Beyond the legal and financial consequences, a felony drug conviction can carry a heavy social stigma. Friends, family, and the community may treat you differently, leading to damaged relationships and a loss of reputation. The emotional toll of a felony conviction can be just as devastating as the practical consequences, impacting your quality of life for years to come.
6. Difficulty in Expunging or Sealing Records
Unlike some lesser offenses, felony drug convictions in Tennessee are often not eligible for expungement, meaning they can remain on your record permanently. This makes it even more crucial to fight these charges aggressively from the beginning, as the consequences of a conviction can be extremely difficult—if not impossible—to reverse later.
Factors That Affect Drug Felony Charges
In Tennessee, many factors can influence the severity of the charges, the potential penalties, and the overall direction of a felony drug case:
1. Type and Schedule of the Drug Involved
Tennessee classifies drugs into different “schedules” based on their potential for abuse and accepted medical use. The type of drug involved in your case will significantly affect the seriousness of the charge. For example, Schedule I drugs—such as heroin, LSD, and ecstasy—are considered the most dangerous, carrying the harshest penalties. On the other hand, drugs like marijuana (Schedule VI) might result in less severe penalties, but felony charges are still possible, especially if trafficking or large quantities are involved.
2. Quantity of the Drug
The amount of drugs in your possession can dramatically change the nature of the charges. Possessing larger quantities of drugs, even if for personal use, could result in charges for possession with intent to distribute, which carries more severe penalties.
It is worth noting that the threshold for felony charges can vary widely depending on the alleged substance. For example, possession of over half an ounce of marijuana can result in a felony drug charge in Tennessee. However, possession of drugs such as cocaine, methamphetamine, or fentanyl can escalate into felony charges for amounts just over half a gram. This reflects Tennessee’s stance towards more dangerous controlled substances due to their potential for abuse, overdose, and community impact, even in small amounts.
3. Prior Criminal Record
Your criminal history plays a significant role in how prosecutors handle your case. If you have prior convictions, especially for drug-related offenses, you’re likely to face enhanced penalties. Repeat offenders often receive harsher sentences, including longer prison terms, higher fines, and fewer opportunities for leniency in plea bargains or diversion programs. Tennessee law imposes particularly tough penalties for repeat drug offenders, and prior felonies can elevate a new charge to a more serious level.
4. Intent to Distribute vs. Personal Use
Prosecutors will examine the circumstances of your arrest to determine whether you intended to distribute the drugs or simply possessed them for personal use. Factors such as the possession of scales, packaging materials, and large amounts of cash can suggest an intent to sell, which results in much more severe felony charges. Even if the drugs were for personal use, evidence suggesting distribution can escalate your charges. Often times officers will seize cell phones to get a search warrant to search the content of phones for proof of sales.
5. Location of the Crime
Where the alleged offense occurred can also impact the severity of the charges. Tennessee law imposes stricter penalties if the drug crime took place in certain protected areas, such as:
- School zones: Drug offenses that occur within 1,000 feet of a school, park, or childcare center can result in enhanced felony charges and mandatory minimum prison sentences.
- Public places: Drug activity in public areas, like parks, can carry additional penalties, especially if minors are present.
6. Use of Weapons or Violence
If a firearm or any form of violence is involved in a drug-related offense, the charges can become much more severe. Tennessee law imposes harsh penalties for drug crimes involving weapons, even if the weapon was not used but was simply in your possession at the time of the arrest. The presence of a firearm can elevate your charges, lead to additional criminal charges, and result in significantly longer prison sentences.
Possession of a firearm during the commission of a dangerous felony, including sale and/or delivery of drugs, will result in a mandatory 3-4 years minimum added on to any other felony conviction because it must be a consecutive sentence by law.
Legal Defenses for Felony Drug Charges in Tennessee
Facing felony drug charges in Tennessee requires more than just a standard defense—it calls for an aggressive, personalized strategy that challenges every aspect of the prosecution’s case. Below are defenses that a criminal defense attorney could employ to fight these serious allegations:
1. Illegal Search and Seizure
Law enforcement must follow strict guidelines when conducting searches. If they violated your Fourth Amendment rights—by searching without a valid warrant or probable cause—the evidence can be suppressed. Suppressing key evidence, such as drugs found during an illegal search, can lead to reduced or dismissed charges.
Illegal searches are the primary way criminal defense attorneys can “win” or prevent felony drug convictions. Searches without a search warrant are presumed to be unreasonable. The obligation is on the State to establish that the search without a warrant was warranted based on the numerous exceptions to the warrant requirement. It is imperative that your attorney always evaluates the rationale the officer claimed for the search and to challenge it when possible. For example, even a “plain view” search is an exception to the warrant requirement but simply seeing what appears to be drugs in plain view is not black and white. The officer must be able to testify and prove, based on their actions that are demonstrated on the body camera footage, that the drugs were immediately apparent before they searched the house or vehicle.
Similarly, in most cases officers simply believe they can search a vehicle after arresting someone for DUI or when they need to tow a vehicle. However, the law states that the officer must provide an arrestee with the ability to make their own arrangements to move the vehicle. An officer’s failure to provide such an opportunity is grounds for suppression of any drugs and/or guns found in the vehicle because officers cannot circumvent the search warrant requirement by simply claiming they were inventory searching the vehicle.
2. Lack of Possession or Knowledge
Prosecutors must prove you knew about the drugs and had control over them. If the drugs were found in a shared space, or if there is no direct evidence linking you to them, your attorney can argue that you weren’t aware of their presence, challenging the possession charge. However, the State will attempt to argue “constructive possession” because you had the ability to exercise dominion or control over the drugs, or the intent to exercise such control can be inferred. This is where evidence to establish a lack of intent of control, lack of testing the drugs or packaging for fingerprints, among additional factors will be essential.
3. Challenging the Evidence
Evidence can be unreliable. Your defense attorney can question how the drugs were handled, whether the testing methods were accurate, or if the chain of custody was broken. If the prosecution can’t prove the drugs were correctly identified or handled, the charges may be reduced or dismissed.
4. Drug Diversion Programs
For non-violent offenders or those struggling with addiction, Tennessee offers drug diversion programs as an alternative to conviction. These programs focus on rehabilitation rather than punishment, and successful completion can lead to charges being dismissed and expunged.
The Right Defense Can Change Everything
A felony drug charge doesn’t have to be the end of your story. With the right legal representation on your side, you can challenge the prosecution, protect your rights, and fight for the best possible outcome. At Barnes & Fersten, we’ve helped clients beat serious drug charges with focused, aggressive defense strategies. Call us today at 865-805-5703 or fill out our contact form for a free consultation. Act now—time is critical, and every day counts in building your defense.
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.
