Running into trouble with drug possession in Tennessee is not something to brush off. The state has strict rules. Even a first-time offense can carry serious consequences. Whether it is marijuana, prescription medication, or something like cocaine, knowing the laws and penalties can save you a lot of stress, time, and money.
What are the penalties for drug possession in TN? Here is what you will want to know.
How Tennessee Classifies Drugs
Tennessee sorts drugs into schedules. Schedule I drugs, like heroin or LSD, are highly addictive with no accepted medical use. Schedule II drugs, including methamphetamine or cocaine, can be prescribed in some medical situations but are still highly risky. Schedules III through V cover drugs with lower abuse potential, including some prescription painkillers or anti-anxiety medications.
Why does this matter for your case? The higher the schedule, the stiffer the penalties. The type of drug you have can make a huge difference in penalties. And if you have larger amounts, that can push you into a whole new set of charges, such as intent to distribute.
Simple Possession
If you are caught with drugs for yourself and there is no selling involved, that is called simple possession. These penalties will vary based on the drug:
- Schedule I or II: First-time offenders can face up to 11 months and 29 days in jail. Along with that, the fines are as high as $2,500.
- Schedule III: These carry lighter penalties, but you could still see up to 6 months in jail and $1,000 in fines for a first offense.
- Schedule IV or V: These usually mean even lower fines and shorter jail time.
One thing to keep in mind is that Tennessee can bump up charges if you have a large amount. For this reason, you may want to have a drug possession lawyer early in the process to dispute those allegations.
The Location Also Matters
Tennessee takes drug possession near schools and certain public places very seriously. If you are caught with drugs within 1,000 feet of a school or daycare, penalties are harsher. While that is the state’s way of protecting kids and vulnerable populations, the location can dramatically affect your sentence.
What About Marijuana in Tennessee?
Marijuana laws in Tennessee are stricter than in many other states. Possessing less than 0.5 ounces is a Class A misdemeanor. That could mean up to 11 months and 29 days in jail and a $2,500 fine.
Possessing more than 0.5 ounces increases the charge into felony territory. With that, you could have a prison sentence ranging from 1 to 6 years, depending on the amount and whether you have prior convictions.
Medical marijuana is still limited in Tennessee. Even small amounts can lead to serious consequences.
What Is Aggravated Possession?
Sometimes, possession charges can get worse. Aggravated possession applies when there are extra factors involved, such as prior convictions, possessing drugs along with a gun, or other aggravating circumstances. These charges are felonies. They can carry lengthy prison sentences and steep fines.
Will I Go to Jail?
Not every case ends with a prison sentence. Tennessee offers alternatives like diversion programs, drug courts, and probation, especially for first-time offenders.
These programs focus on rehabilitation. You might attend drug counseling, complete community service, submit to regular drug testing, or go through educational programs.
Completing one successfully could reduce or even dismiss charges. However, eligibility varies depending on the type of drug, quantity, and your prior record. Once again, you will need to consult your attorney for more details.
We Can Assist with Your Drug Possession Case
What are the penalties for drug possession in Tennessee? That will depend on the factors of your case. You could face fines, jail time, and damage to your professional and personal life.
If you or someone you know is facing drug possession charges in Tennessee, Easter & DeVore, Attorneys at Law, are ready to represent your interests in these cases. Schedule a consultation today.
