In addition to jail or fines, one may be required to take a drug education class at the discretion of the presiding judge. Some fail to realize that one can be charged with possession of a controlled substance even if not caught with the drugs on their person. If law enforcement finds a controlled substance on the property of a registered owner e. Tennessee has determined that possession of certain amounts of drugs indicate something more than just personal use.
If a law enforcement officer determines that the amount of drugs one possesses is for more than recreational use a strong sign that one intends to sell the narcotics then one can cop a charge of possession with intent known in many states as intent to distribute. This does not mean the offender is presumed guilty of a felony drug crime; the State of Tennessee must still prove possession of the drugs with intent to sell or distribute beyond a reasonable doubt.
Possession with intent is a serious charge with serious penalties. Possession of items like scales used to weigh drug product in bulk, bags or other containers used to package and resell drugs, large quantities of unclaimed cash , etc. Intent to distribute is a felony offense in Tennessee. A felony conviction can carry highly destructive life consequences, including loss of voting and firearm privileges, large fines, exclusion from certain categories of employment, probation, and prison time.
When sale of a controlled substance is charged, a law enforcement officer has typically directly observed a drug sale or the sale involved an undercover officer. Sale of a controlled substance in Tennessee is a felony; any sale, regardless of the amount, is classified as a felony offense in Tennessee.
The sentence is generally determined by the type and amount of drug s involved, location of the sale, and the number of prior felonies on the record of the person being charged. Drug trafficking charges in the state of Tennessee result in life-altering consequences for those facing conviction.
People suspected of engaging in the production, distribution, transportation, or sale of illegal substances may face this type of charge. There is a set of mandatory-minimum penalties for people convicted of drug trafficking as crafted by the federal government. If convicted, drug trafficking offenders face hefty fines along with lengthy prison and probation time. Evidence of narcotics transportation across state lines may result in federal trafficking charges.
The type of drug involved also influences sentences i. In practice, conspiracy charges often serve as a catch-all to enhance charges and increase legal penalties. With conspiracy charges, the government can consolidate multiple individual cases into a single indictment, thereby reducing the workload on the government while increasing the challenge to the defense for each defendant. Also, the government gains a tactical and evidentiary advantage at trial by including multiple defendants in a single case.
Certain types of drugs cannot be cultivated naturally and require synthetic or chemical processes in their production. The most notorious manufactured drug in the state of Tennessee is methamphetamine. Production of methamphetamine will almost certainly result in a drug manufacturing charge — and Tennessee drug crime penalties are usually the harshest for meth-related offenses. Other types of drugs can be produced naturally but require additional processes to render usable product.
Drugs like cocaine produced from the coca plant and heroin poppy plant fall into this category. Growing marijuana — one of the biggest cash crops if not the biggest in several states, including Tennessee — can also result in manufacturing charges.
The minimum prison sentence for a drug manufacturing charge is one year, regardless of whether the narcotics were manufactured for distribute or intended for personal consumption. Additional penalties may include hefty fines, long-term probation, community service, suspension of driving privileges, and more. Whether one is accused of taking part in large-scale marijuana grow operations or accused of simply possessing some of the operational components i.
Federal penalties for manufacturing marijuana — based largely on the number of plants involved — are particularly severe. Unfortunately, the law allows the government to count mere parts of plants as entire plants. This means the number of plants the government claims are involved is often significantly larger than the actual number of marijuana plants being grown.
As in other types of drug manufacturing activity, Tennessee law criminalizes the possession of precursors of pot and individual components of a marijuana manufacturing operation. For example, someone who is growing marijuana in their home even if it is solely for personal or medicinal use and is in possession of unusable seeds, old dead stalks, etc.
Drugs controlled substances are classified according to their potential for abuse, potential for consequences, and degree of legitimate medical use. Schedule I substances possess a high potential for abuse with no medical value.
Each subsequent schedule classification has less potential for abuse, so schedule I narcotics are more likely to cause dependence than schedule II narcotics, and so on. Many prescription drugs fall into one of the five schedule classifications. If you are found with medication that is a controlled substance without a prescription bottle with your name on it, you can be charged with possession of a controlled substance.
Possession of a controlled substance can result in various charges including prescription fraud, drug possession, or possession with intent. In Tennessee simple possession is defined as:. Simple possession can become a felony in Tennessee upon a third conviction for simple possession, or where there is casual exchange to a minor, or if the drug is possessed in a protected zone, such as near a school. To determine what defenses may be available, we do what is done with every criminal offense.
We look at the facts of the case and compare them to the elements of the crime to determine if there is a viable defense to claim that the client is not guilty. In a simple possession case, the defense will usually involve an assertion of lack of knowledge that the drugs were present or lack of possession of the drugs, even if the defendant knew about the drugs.
If drugs were located, can it be proven by the State that the client knew the drugs were present? Lack of knowledge is sometimes a viable defense when drugs are located in a house or vehicle in which several people were present or had access.
The defense of lack of possession. It is possible to know that drugs are present but to not be in possession of those drugs. However, be aware of constructive possession. Constructive possession means that person A may not have the drugs in his actual possession, but if he has the ability to take control of the drugs, then he is in constructive possession and can be found to be in legal possession.
For example, person A and B share a home and they are hanging out in the living room. B has a pile of cocaine on the coffee table in full view of A. If A could take actual possession of the cocaine whenever he wanted, he is in constructive possession of the cocaine.
I will discuss more about constructive possession in a future article. Sometimes if pharmaceutical drugs are found, but not in a prescription bottle, the police will charge the person with illegal possession. Upon presentation of a valid prescription , the charges are dismissed.
It can be a defense if the police conducted an illegal stop or search that resulted in the discovery of the drugs. If beating the charge is not an option, the good news is that most 3 jurisdictions are not insistent about incarcerating first-time simple possession offenders. In Tennessee, there is a mandatory sentence of 30 days jail for possession of meth, but this can usually be avoided by pleading to attempted possession or some other offense agreed upon in a plea bargain deal.
In fact, even when a viable defense does exist, it is often much less expensive and much less time consuming for the client to enter into diversionary plea agreement than to force the case to trial. A diversionary plea agreement means that upon completion of certain conditions, such as a drug education class and payment of court costs, the charge will be dismissed.
This type of resolution is available in many jurisdictions for most first-time simple possession offenses. Contact our Tennessee Lawyers at - to discuss your case. Tennessee law requires that we inform you that this website is an advertisement. The information found on this website is not intended as legal advice and likewise, visiting our website does not constitute an attorney-client relationship.
The information we provide on our website is intended to be used for informational purposes only and we hope it may assist in understanding the evaluation of your case when speaking with a Tennessee attorney.
Listing of related or included practice areas herein does not constitute or imply a representation of certification of specialization.
0コメント