Tennessee law takes drug crimes seriously, even for first-time offenses. Not all drug charges are the same, and knowing how the law defines possession can help you understand what you’re facing.
Facing a drug possession charge in Tennessee requires an aggressive defense. Whether you were caught with marijuana, prescription pills, cocaine, or meth, the potential consequences can affect your freedom, your future, and your reputation.
At Herbert & Lux Attorneys at Law, we understand how stressful this situation is. As experienced Tennessee drug possession lawyers, we’ve helped clients across Nashville protect their rights, avoid harsh penalties, and fight for a second chance.
If you’ve been arrested or charged, we can help achieve a favorable outcome that could keep the determination of your future in your hands.
What Is Considered “Possession” Under State Law?
You don’t have to be caught physically holding a drug to be charged with possession. Under Tennessee law, possession can include:
- Actual possession: When drugs are found on your person
- Constructive possession: When drugs are in a place you control (e.g., your car, home, or backpack)
Even if the drugs don’t belong to you, being in close proximity or having access to them can lead to charges. Establishing that even though you were in proximity to the drugs, but that you were unaware of them is incredibly important when facing criminal charges. We can help prosecutors understand your role and protect your rights in the process.
Simple Possession vs. Possession with Intent
There’s a big difference between being charged with simple possession and possession with intent to distribute. Simple possession generally applies to small quantities meant for personal use. Possession with intent involves larger quantities or evidence suggesting the drugs were for sale. Law enforcement usually makes note of packaging materials, scales, or large amounts of cash before charging you with intent to distribute.
The line between these charges can be blurry, and law enforcement may overcharge. That’s one reason why having a skilled criminal defense lawyer is so important because the difference between simple possession and possession with intent can greatly affect the possible outcomes you will be faced with.
What Determines the Severity of a Drug Charge?
Several factors can increase the severity of a drug charge in Tennessee, including:
- The type and amount of the drug
- Whether it’s your first offense
- Where the alleged offense occurred (e.g., near a school zone)
- Whether you have any prior convictions
- Evidence of distribution or trafficking
Understanding how these details affect your case is crucial to building an effective defense, and for deconstructing and defending the charges leveled against you by law enforcement.
Types of Drug Possession Charges We Defend
At Herbert & Lux Attorneys at Law, we represent clients facing a wide range of drug charges, from misdemeanor marijuana possession to felony prescription drug and meth cases. We fight aggressively to get charges reduced or dismissed whenever possible. We have years of experience fighting for our clients and know what it takes to ensure you get the defense you deserve.
Marijuana Possession in Tennessee
Despite changes in marijuana laws across the country, possession of marijuana remains illegal in Tennessee. Even small amounts can lead to a criminal charge. First-time offenders may qualify for diversion programs, but a conviction can still leave a permanent mark on your record.
Cocaine Possession and Schedule II Drug Charges
Cocaine is classified as a Schedule II controlled substance under Tennessee law. Possession of any amount can be charged as a felony, especially if there’s evidence of intent to distribute. These charges carry serious penalties, and defending them requires a strong legal strategy.
Other Schedule II drugs include fentanyl, amphetamines, morphine, and other controlled substances that the public should not have regular access to.
Methamphetamine Possession and Intent to Manufacture
Meth charges are aggressively prosecuted in Tennessee. In addition to standard possession, many people face charges related to intent to manufacture or possess meth-making materials, which can quickly escalate a case into felony territory.
Illegal Possession of Prescription Drugs (e.g., Xanax, Oxycodone)
Possessing prescription medication without a valid prescription can result in a felony drug charge.This is normally seen with drugs like Xanax, Adderall, or Oxycodone. Many of these prescriptions are passed off as street drugs which may lead to intent to distribute charges. Even if the medication belonged to a family member or friend you could still be charged with possession.
Penalties for Drug Possession in Tennessee
Tennessee law imposes harsh penalties for drug possession, especially as the drug schedule increases or prior convictions accumulate. The type of charge you face is broken into either a misdemeanor or felony possession.
Misdemeanor vs. Felony Possession
- Simple possession (usually marijuana or first-time offenses) is often a Class A misdemeanor, punishable by up to 1 year in jail and fines.
- Felony possession, including cocaine, meth, or prescription drugs, can range from Class E to Class B felonies, carrying multiple years in prison.
Felony drug charges can also result in additional penalties, such as mandatory minimums for certain substances.
Fines, Jail Time, and License Suspension
Penalties may include:
- Jail or prison time
- Thousands in fines
- Mandatory drug testing or rehabilitation
- Probation or community service
- Driver’s license suspension for up to one year
Without proper representation, even first-time offenders are vulnerable to life-altering consequences.
Here is the typical, but not exhaustive, amount of jail time you might face for a misdemeanor or felony possession:
Misdemeanor Simple Possession (e.g., small amounts of marijuana or non-narcotic prescription drugs): Up to 1 year in jail and $2,500 in fines
Felony Possession (Schedule I or II drugs in larger amounts):
- 1 to 8 years in prison for possession of 1–4 grams
- 1 to 15 years for 4–28 grams
- 5 to 30 years for manufacturing or intent to distribute
Long-Term Impacts: Criminal Record and Employment
A drug conviction on your record can affect:
- Employment opportunities
- Professional licenses
- Housing applications
- College admissions and financial aid
- Child custody and immigration status
That’s why fighting the charge or avoiding a conviction is so important. Drugs can take your life out of your hands, but with the right legal representation, you can get a new lease on life.
Defending Your Rights with a Skilled Nashville Criminal Defense Lawyer
The right defense strategy can make all the difference. At Herbert & Lux Attorneys at Law, we carefully examine every aspect of your case to identify weaknesses, constitutional violations, or opportunities for dismissal or reduced charges.
Unlawful Search and Seizure
Police must follow strict rules when conducting traffic stops, searches, and arrests. If your rights were violated, such as through an illegal search or lack of probable cause, we may be able to suppress the evidence against you.
Lack of Intent or Knowledge
Possession charges require proof that you knew about the drug and intended to possess it. If you were unaware of the drug's presence or it belonged to someone else, that can be a strong defense.
First-Time Offender Diversion Options
Tennessee offers alternative sentencing options for first-time offenders, including:
- Judicial Diversion
- Pretrial Diversion
- Drug Court eligibility
These programs can lead to your charges being dismissed after successful completion, often without a permanent criminal record. Reach out to a dedicated drug crimes attorney to discuss whether you may be eligible for diversion programs.
Why Choose Herbert & Lux Attorneys at Law for Your Drug Case?
When you hire Herbert & Lux Attorneys at Law you're getting a law firm that fights smart and fights hard. We know the courts, prosecutors, and diversion programs in Nashville and throughout Tennessee. We tailor each defense strategy to the unique facts of your case and your goals. We understand that being caught with drugs shouldn’t result in the maximum punishment, or in some cases any punishment at all, and we’ll work hard to prove you deserve a second chance.
Proven Defense Strategies for Drug Charges
Our approach includes:
- Challenging unlawful searches
- Identifying procedural errors
- Negotiating for dismissal or diversion
- Fighting for acquittal at trial when necessary
We prepare every case with the care and attention it deserves. No matter the initial result of your trial, we treat every one of our clients as if they are going to trial and make the necessary preparations to defend them.
Free Consultation – Call (615) 878-5537 Today
Time is critical in drug cases. Evidence can disappear. Witnesses forget details. Prosecutors move quickly, but the sooner you speak with a criminal defense lawyer, the better your chances of protecting your rights.
Contact us at (615) 878-5537 for a free, confidential consultation. We’ll help you understand the charges, explore your options, and build a defense focused on results.
