The Department of Justice calls Tennessee a “transit area” for various controlled substances. However, a defendant who is caught carrying drugs is not necessarily involved in the drug trade. There are many types of possession charges in Tennessee, and defendants may face various consequences depending on the specific circumstances of their criminal cases. For those facing drug possession charges, a logical first step might be to determine the specifics of these charges. Different types of drug charges may lead to various penalties, ranging from probation to years in prison. That being said, penalties may also depend on the effectiveness of defense strategies employed by defendants.
A defense attorney in Tennessee may be able to help defendants assess their options with more personalized guidance than online research can provide. Contact King Law Offices at (888) 748-5464 to expand upon this discussion. We serve clients in Johnson City, Washington County.
Breaking Down Types of Possession by Drug Schedules
Like other states, Tennessee follows a system of “drug schedules” when approaching different types of possession charges. Higher schedule drugs are generally associated with more severe penalties, while lower schedule drugs may lead to less serious consequences. Examples of Schedule I drugs in Tennessee include heroin, psilocybin, and mescaline. Lower schedule drugs include cocaine and Valium, and marijuana is in its own separate category of Schedule VI in Tennessee.
Defendants should be aware of the charges associated with the drugs they are accused of possessing. Repeated Schedule I “simple possession” charges can lead to felony penalties, even if there is no evidence of distribution or intent to distribute. However, marijuana possession charges may result in less severe penalties due to the special classification of this drug. Possession of a small amount of marijuana may lead only to a fine, especially for first offenses. Second or subsequent marijuana possession charges in Tennessee may lead to higher fines and up to one year in jail.
Simple Possession vs. Intent to Distribute in Tennessee
When it comes to the different types of possession charges in Tennessee, one of the most important distinctions is the difference between “simple possession” and “intent to distribute.” The goal for many defendants is to establish that there was no intent to distribute. In other words, they possessed the drug only for their own personal consumption. Intent to distribute represents a more serious charge, as prosecutors will attempt to establish that the defendant intended to sell or give the controlled substances to other people. This offense is usually associated with felony charges and potential prison time.
Note that the special status associated with marijuana begins to evaporate with possession of higher quantities in Tennessee. When authorities apprehend suspects with higher amounts of cannabis, they may attempt to establish an “implied intent” to distribute. In other words, the authorities may assume that defendants were selling their cannabis simply because of the higher quantities involved. This is even though many marijuana users buy in bulk to save time and money, perhaps obtaining enough cannabis for a month of personal use. A defense attorney at King Law Offices may be able to help establish that the drugs in question were consumed personally and not distributed by the defendants.
How Do Prosecutors Establish an Intent to Distribute in Tennessee?
Aside from referring to the quantity of drugs in question, prosecutors may also highlight other evidence when establishing an intent to distribute. For example, they may point to the presence of baggies, digital scales, drug processing equipment, and other contraband associated with distribution. Other evidence might include text messages that suggest potential drug transactions, including those that had not yet occurred prior to the arrest. Verbal confessions may also help prosecutors establish an intent to distribute, even if no one actually witnessed the drug transactions taking place. This is why it is usually a logical choice to remain silent during and after a drug arrest. Defendants have the right to consult with a defense attorney before participating in any interviews with law enforcement.
Possession of Drugs as a Minor in Tennessee Is Slightly Different
Possession of drugs is illegal for minors and adults in Tennessee. That being said, minors face slightly different types of possession charges compared to older individuals. Children caught with drugs generally face consequences through the juvenile justice system, which means that they could avoid arrest and criminal charges. Although they may not gain a criminal record for their drug possession, a minor might nonetheless face a “juvenile delinquency” citation. Depending on the outcome, the child may face mandatory drug treatment, community service, or probation.
The Penalties for Possession in a School Zone
Another type of possession charge in Tennessee involves school zones. Like other states, Tennessee has specific laws against drug activity near schools, parks, community centers, and other areas in which children might be vulnerable. Those who face charges of possession with intent to distribute within 500 feet of a school could face enhanced penalties. For example, defendants might face a Class D felony instead of a Class E felony for possession of marijuana with intent to distribute near a school zone. Even outside of a school zone, the “casual exchange” of drugs from an adult to a minor can lead to felony charges.
Learn More About Types of Possession With King Law Offices
Although different types of possession charges can lead to significant penalties in Tennessee, criminal courts are increasingly viewing drug use as a mental health issue rather than a criminal offense. According to the Institute for Public Service, evidence-based treatment could address the underlying medical and societal factors that drive drug use. This may save Tennessee billions of dollars per year in costs related to incarceration for non-violent, possession-related offenses. Those with substance abuse problems may be able to pursue alternative sentencing programs while avoiding incarceration and receiving treatment for their addictions.
A defense attorney in Tennessee may be able to help users access this treatment. That being said, alternative sentencing programs may not be possible for more serious possession charges that require more direct defense strategies. Discuss these options with King Law Offices by contacting our Johnson City offices at (888) 748-5464.
