If you’ve been arrested for marijuana possession in Tennessee, you may see the term “Schedule VI” on your paperwork and want to know exactly what it means for you. Tennessee classifies marijuana and THC as Schedule VI controlled substances under state law.
That doesn’t mean a marijuana possession charge is something to ignore. Marijuana remains illegal to possess under Tennessee law, and an arrest can lead to criminal charges and other serious consequences.
So, what does the Schedule VI classification actually mean for your case? Here is a look at how state law categorizes marijuana and how those laws apply to possession.
What Is Schedule VI?
Tennessee has seven schedules for controlled substances. Schedule VI is where the state classifies marijuana, THC, and some synthetic equivalents and derivatives of cannabis.
Along with that, state law also distinguishes marijuana from hemp. Hemp is not classified as a controlled substance under the Schedule VI statute.
For someone facing a marijuana possession charge, the exact substance involved is an important part of the case. If “Schedule VI” appears on your paperwork, this tells you that Tennessee treats the substance involved as a controlled substance under state law. But remember that the schedule itself is not the whole story.
Is Possessing a Small Amount Still Illegal?
Yes. Knowingly possessing a controlled substance is an offense. Simple possession is classified as a Class A misdemeanor under Tennessee law.
That can be surprising to people who assume that possessing a small amount of marijuana is basically treated as a ticket. But this isn’t something to shrug off. A misdemeanor charge can still mean court appearances, potential penalties, and a criminal record if it results in a conviction.
And the situation can become more serious when the allegations involve larger quantities or an accusation that the marijuana was intended for sale or delivery.
When Does Marijuana Possession Become a Felony?
Tennessee has a separate law covering the knowing manufacture, delivery, or sale of a controlled substance, as well as possession with intent to manufacture, deliver, or sell it. For marijuana, felony classifications under that statute depend in part on the amount involved.
For example, when that alleged conduct involves at least one-half ounce but no more than 10 pounds of marijuana, it could fall within a Class E felony category.
What About a Traffic Stop?
A surprising number of possession cases begin with something that was not originally about marijuana at all. For example, a traffic stop can lead to questions, a search, and eventually a drug charge. The circumstances surrounding the stop and search are important.
- Was the vehicle lawfully stopped?
- Did police have consent to search?
- Was there a warrant?
- Did police claim they saw or smelled something that justified further action?
- Where was the marijuana found?
These are not technicalities to ignore. Depending on the facts, the legality of a search can become an important issue in a criminal case. And this is why you want to reach out to an experienced drug possession lawyer in Tennessee.
Don’t Get Too Hung Up on the Word “Schedule”
When you see “Schedule VI” on a charging document, that can make your situation sound more complicated than reality. Yes, Tennessee classifies marijuana as a Schedule VI controlled substance, and knowingly possessing it can result in criminal charges. But what happens with your case depends on much more than that classification.
The alleged amount, location, circumstances, and the exact charge are all important. And most importantly, the facts surrounding what happened play a role in what occurs next.
If you’ve been arrested or cited for marijuana possession, reach out to a Tennessee criminal defense attorney. At DeVore Law, PLLC, we can review the stop, search, evidence, and charging documents to explain what you’re facing. Reach out today to schedule a consultation.
