Our attorneys can examine the facts, build a strong defense tailored to your case, and pursue the best possible outcome.
Facing a drug charge in Tennessee is an overwhelming experience, whether it is misdemeanor or a felony. You might be worried about jail time, heavy fines, or a permanent record that could affect your job, education, and future opportunities. The reality is that Tennessee enforces some of the strictest drug laws in the country, and State prosecutors push for harsh penalties–especially when factors such as firearms, large amounts of drugs, or fentanyl are involved.
At Barnes & Fersten, we have routinely helped our clients avoid convictions, jail and/or prison, as well as significant mandatory fines and probationary time periods. Recognized by both our clients and our peers as top Knoxville criminal defense attorneys, our attorneys explore every potential defense to ensure the best possible outcome in every case we take on.
It’s important to remember: being charged with a crime does not mean you will be convicted. You are innocent until proven guilty, and the right legal defense can mean the difference between years in prison and walking away with your freedom and future intact.
Our criminal defense attorneys thoroughly investigate every case to uncover legal defenses that could get your charges reduced or dismissed, including:
✅ Was there proof of sale, delivery, or manufacturing? If not, we fight to prevent a misdemeanor charge from being unfairly elevated to a felony.
✅ Did police conduct an illegal stop or search? If your rights were violated, we work to suppress the evidence and weaken the prosecution’s case.
✅ Was the drug evidence handled properly? Mistakes in testing, storage, or the chain of custody can create reasonable doubt.
In Tennessee, drug charges can range from simple possession (a misdemeanor) to felony drug sales or distribution, depending on the type and amount of the drug found in your possession. Tennessee categorizes controlled substances into schedules, with Schedule I (such as heroin and mushrooms) considered the most dangerous, while Schedule VI (marijuana) is considered less severe.
The State sometimes will rely upon the weight to establish circumstantial evidence that the drugs must be used for sale or delivery because of the sheer amount itself. However as criminal defense attorneys we will usually argue it is only simple possession for personal use until the State can establish otherwise.
Usually, regardless of whether the State finds evidence indicative of resale such as scales, baggies, large sums of cash, text messages, photographs on phones and/or other information stored on phones, the State will likely charge the offense as a felony if it exceeds certain weights.
Simple possession refers to having an illegal drug for personal use, with no intent to sell or distribute. In many cases, the weight of the drug alone is not enough to prove intent to sell, but prosecutors often use it as circumstantial evidence.
• Possible Jail Time: Up to 11 months, 29 days in jail or probation.
• Applies to:
*📌 Simple possession of meth carries a mandatory minimum of 30 days in jail if convicted.
Felony drug charges apply when law enforcement believes you intended to sell, distribute, or manufacture drugs.
• Possible Jail Time: 1-60 years in prison, depending on the drug and quantity.
• Factors that could elevate a drug possession charge to a felony:
| Drug | Felony Charge | Amount for Felony | Possible Prison Time |
|---|---|---|---|
| Heroin | Class C Felony | 0.5 to 14.99 grams | 3-15 years |
| Heroin | Class B Felony | 15 to 149.99 grams | 8-30 years |
| Heroin | Class A Felony | 150 grams or more | 15-60 years |
| Psilocybin (Mushrooms) | Class B Felony | Any amount (if intent to distribute) | 8-30 years |
| MDMA (Ecstasy, Molly) | Class B Felony | Any amount (if intent to distribute) | 8-30 years |
📌 Note: Simple possession (for personal use) of any of these substances is a misdemeanor, not a felony. Only possession with intent to sell, manufacture, or distribute is automatically a felony.
Schedule II drugs have accepted medical uses, but also a high potential for abuse. Possession of prescription medications without a valid prescription can result in drug charges.
| Drug | Felony Charge | Amount for Felony | Possible Prison Time |
|---|---|---|---|
| Cocaine | Class B Felony | 0.5 grams or more | 8-30 years |
| Methamphetamine* | Class B Felony | 0.5 grams or more | 8-30 years* |
| Fentanyl** | Class B Felony | 0.5 grams or more | 8-30 years** |
| Oxycodone (OxyContin, Roxicodone) | Class C Felony | 2.5 grams or more | 3-15 years |
| Hydrocodone (Lortab, Vicodin) | Class C Felony | 2.5 grams or more | 3-15 years |
| Adderall/Ritalin (Amphetamines) | Class C Felony | 2.5 grams or more | 3-15 years |
📌 Note: Simple possession (personal use) of less than the felony threshold
*📌 A felony meth possession charge has a mandatory 6 months in jail.
**📌 Large amounts of fentanyl may result in federal charges.
Marijuana is classified under Schedule VI in Tennessee. Many marijuana charges result in simple possession, but can be elevated to felony charges based on the weight possessed and/or if there is evidence of resale.
| Amount of Marijuana | Felony Charge | Possible Prison Time |
|---|---|---|
| 0.5 oz (14.175 grams) – 10 lbs | Class E Felony | 1-6 years |
| 10 lbs – 70 lbs | Class D Felony | 2-12 years |
| 70 lbs – 300 lbs | Class B Felony | 8-30 years |
| Over 300 lbs | Class A Felony | 15-60 years |
In Tennessee, sentencing for drug felony charges depends on factors beyond weight, including location of the offense, prior convictions, and sentencing alternatives. Tennessee’s Drug-Free School Zone laws (T.C.A. § 39-17-432) impose mandatory minimum sentences for drug crimes within 500 feet of schools, parks, and child care centers. Repeat offenses also lead to harsher penalties, with prior drug felonies increasing sentencing ranges and potentially escalating charges. Federal prosecution is possible for large-scale drug offenses, especially those involving interstate trafficking of substances like methamphetamine, fentanyl, or large marijuana quantities.
Tennessee offers Judicial Diversion (T.C.A. § 40-35-313) for some first-time offenders, allowing them to complete probation and have their charge dismissed and expunged upon successful completion. However, this is generally not available for higher-class felonies or repeat drug offenders. Alternative sentencing options—such as probation, drug treatment courts, or plea agreements—may be available, particularly for non-violent offenders or those with minimal prior records. Given the severe penalties for felony drug charges in Tennessee, it is crucial to have the best drug defense attorney for your case to explore possible defenses, plea deals, or diversion programs that may reduce or eliminate long-term consequences.
Drug charges are serious, and a conviction can impact your freedom, career, and future opportunities. Our attorneys have a track record of successfully defending drug cases across Tennessee. From fighting illegal searches to disputing intent to distribute, our attorneys leverage every possible defense to protect your rights.
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We focus on exposing weaknesses in the prosecution’s case by analyzing every detail of your arrest:
Yes, a first-time drug offender can go to jail in Tennessee, depending on the charge. Misdemeanor simple possession can result in up to 11 months, 29 days in jail, while felony drug charges can carry years in prison. However, first-time offenders may be eligible for probation, diversion programs, or reduced charges to avoid jail time.
Felony drug possession in Tennessee can lead to serious penalties, including 1 to 60 years in prison, large fines, and a permanent criminal record. The specific penalties depends on the type of drug and the amount found. If convicted, you may lose job opportunities, housing eligibility, and voting rights.
Yes, Tennessee law allows for constructive possession, meaning you can be charged with drug possession even if the drugs weren’t physically on you. If drugs were found in a car, house, or shared space you were in, prosecutors may argue that you had control over them.
If you’ve been charged with a drug crime in Tennessee, take immediate action: do not speak to police without a lawyer, do not consent to searches or answer questions, and contact an experienced drug defense attorney as soon as possible.
Your freedom and future are at stake, and the right defense strategy can make all the difference.
Yes, some felony drug offenders in Tennessee can get probation instead of prison, but it depends on the specific charge, your criminal history, and the circumstances of your case. It is important to have a drug defense attorney in Knoxville that can represent you in court and pursue the best outcome.
Yes, drug charges can be dropped or reduced for several reasons, including illegal searches, mishandling of evidence, or the State failing to prove possession or intent to distribute. Even if your charges aren’t dropped completely, a criminal defense attorney may be able to reduce them or negotiate a favorable outcome.
A drug charge in Tennessee does not have to define your future. Many people assume that an arrest means a conviction is inevitable, but that’s simply not true. Prosecutors must prove their case beyond a reasonable doubt, and the right defense attorney can make all the difference.
At Barnes & Fersten, We know how to challenge weak evidence, negotiate with prosecutors, and build a defense that puts you in the best position for success. Whether it’s disputing intent to distribute, suppressing unlawfully obtained evidence, or proving that the drugs were not yours, our attorneys will explore every legal avenue to defend your case.
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