You’ve been arrested or cited for possession of marijuana or other drugs? Now what?
If you’ve been charged with possession of drugs in Knoxville or East Tennessee you’re likely wondering what will happen next and what consequences could result from these charges. This page will explain the law and process related to simple possession charges in this area. The lawyers at Barnes & Fersten have defended numerous drug cases of the years and are dedicated to providing a top-notch legal defense along with down to earth, professional client service. Our attorneys are top rated Knoxville criminal defense lawyers who represent clients across East Tennessee including but not limited to Lenoir City, Loudon County, Clinton and Oak Ridge, Anderson County, Blount County, Pigeon Forge and Gatlinburg, Sevier County, Union County, and Roane County.
In Tennessee, it is a crime to knowingly possess or casually exchange a controlled substance unless the substance was obtained through a valid prescription or order from a medical professional. This law applies to many types of drugs, including marijuana, cocaine, methamphetamine, heroin, fentanyl, and prescription medications possessed without a valid prescription.
A simple possession charge usually means the State is alleging the drugs were possessed for personal use rather than for sale or delivery. A casual exchange generally refers to the informal sharing or transfer of a small amount of drugs.
Marijuana remains illegal in Tennessee unless the substance qualifies as legal hemp or falls within another narrow exception. Tennessee defines hemp as cannabis with a delta-9 THC concentration of not more than 0.3% on a dry-weight basis, while the Tennessee Bureau of Investigation explains that marijuana containing more than 0.3% THC remains illegal in Tennessee.
This can become an important issue in cases involving plant material, vape cartridges, edibles, oils, or hemp-derived products. In some cases, testing and lab evidence may matter.
If the State claims the drugs were possessed with intent to sell, deliver, or manufacture, the case may be charged as a felony rather than simple possession. Tennessee law separately criminalizes possessing a controlled substance with intent to manufacture, deliver, or sell it.
Prosecutors may look at factors such as the amount of drugs, packaging, scales, cash, messages, firearms, statements, or other evidence. However, those facts do not automatically prove intent. A defense attorney can review whether the State can actually support the more serious charge.
Most simple possession charges are classified as class A misdemeanors. Class A misdemeanors carry a range of punishment up to 11 months and 29 days in jail and up to a $2,500 fine. Other consequences can include court costs, probation, drug testing, and community service.
If you have no prior convictions, with limited exceptions, you may be eligible for judicial diversion. A judicial diversion allows for a period of time on probation which if successfully completed allows the charges to be dismissed and expunged from your record. However, a diversion does require a guilty plea, which can be converted to a conviction if new charges are incurred or if you violate the terms of probation.
There are several exceptions to the general rule stated above. One example is for the possessions of methamphetamine. The legislature imposed a 30 day mandatory minimum jail term for the possession of any amount of methamphetamine, if convicted. This mandatory minimum can be avoided only by amendment of the charges, dismissal, or participation in a “drug court” program. A second exception exists for individuals who have 2 or more prior simple possession convictions and when the charge involves heroin. In those cases, the class is enhanced to a felony.
A conviction for simple possession can appear on background checks and may affect employment, school, housing, financial aid, professional licensing, and future opportunities. Our attorneys look for options that may help protect your record, including dismissal, reduction, judicial diversion, and expungement.
The State’s case may depend on a traffic stop, vehicle search, pat-down, home search, officer observations, or lab testing. Based on the facts of the case, we look at whether the officer had a lawful reason to stop you, whether the search was constitutional, and whether the evidence was handled properly.
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A simple possession charge in Tennessee does not automatically mean the State can prove its case. Drug possession cases often depend on small but important details, including where the drugs were found, how police discovered them, whether the search was legal, and whether the State can prove you actually knew about the substance. Our Knoxville criminal defense attorneys carefully review the evidence to determine whether the charge can be challenged, reduced, dismissed, diverted, or fought in court.
Many drug possession cases begin with a traffic stop, vehicle search, pat-down, home search, or search of a bag or backpack. Police must follow constitutional rules when stopping someone, detaining them, and searching their property.
If officers violated your rights, your attorney may be able to file a motion to suppress the evidence. If the judge agrees, the drugs or other evidence may be excluded from the case. In some situations, that can lead to a dismissal or a much better outcome.
If the case started with a traffic stop, police generally need a lawful reason to pull the vehicle over. If the encounter involved a person walking, standing outside, or sitting in a parked car, officers still need legal justification to detain that person under certain circumstances.
A defense attorney can examine whether police had reasonable suspicion or probable cause at each stage of the encounter. If the initial stop or detention was unlawful, evidence discovered afterward may be challenged.
Possession usually requires more than the presence of drugs nearby. The State may need to prove that the person charged knew the substance was present.
This can be a major issue in cases involving borrowed cars, shared homes, passengers, roommate situations, or containers that did not clearly belong to the accused. If there is no strong evidence that you knew about the drugs, the defense may argue that the State cannot prove possession beyond a reasonable doubt.
The State must prove that the substance involved was actually an illegal controlled substance. In some cases, the defense may challenge the testing, lab results, chain of custody, or whether the substance was properly identified.
This can be especially important in cases involving marijuana, hemp, vape cartridges, edibles, powders, pills, or residue. Visual identification alone may not tell the whole story.
Simple possession cases are sometimes built on assumptions. Officers may assume that drugs belonged to the closest person, the driver of a car, the person renting a room, or someone who made a nervous statement during a stressful encounter. But assumptions are not proof.
A defense attorney can compare the police report to body camera footage, dash camera footage, witness statements, lab evidence, and the actual timeline of events. Inconsistencies or gaps in the evidence may create leverage for dismissal, reduction, diversion, or trial.
At Barnes & Fersten, we defend people across Knoxville and East Tennessee who have been charged with simple possession and other drug crimes. We take the time to review the evidence, explain your options, answer your questions, and prepare a defense strategy tailored to your circumstances.
Every case matters to us because we know how much it matters to you and your family. Whether the goal is challenging an illegal search, questioning whether the State can prove possession, pursuing judicial diversion, negotiating a reduced outcome, or fighting the charge in court, we are ready to help you take the next step.
If you have recently been arrested for possession of drugs in Knoxville or East Tennessee, contact Barnes & Fersten today by filling out our contact form or calling 865-805-5703 for a free, confidential consultation.
Barnes & Fersten PLLC was founded with you, our future client, as the focal point. We work hard every day to deliver each client a high-quality, personalized and aggressive representation in DUI and criminal defense cases.