According to the Substance Abuse and Mental Health Services Administration (SAMHSA), almost 700,000 Tennessee residents over the age of 18 admit to using illicit drugs in the past month. Almost 900,000 Tennessee residents have also been diagnosed with some kind of substance use disorder. While these statistics may seem alarming, it is important to note that some drugs are far more dangerous than others. Law enforcement officials rank the danger posed by various drugs using a system based on various “classes.” Legal penalties vary depending on these classes, and this is something that defendants must be aware of in Tennessee. For many, the first step in a defense plan is to understand how the classification of dangerous drugs works. With a stronger grasp on each drugs class, it may be easier for defendants to develop targeted defense strategies. A consultation with a drug defense lawyer in Tennessee is an ideal way to learn more about these subjects. Contact King Law Offices at (888) 748-5464 to schedule an initial meeting.
Federal Law Controls the Classification of Dangerous Drugs in Tennessee
The National Institutes of Health (NIH) notes that all states (and the District of Columbia) follow federal regulations when it comes to the classification of dangerous drugs. This classification system is controlled by the Drug Enforcement Agency (DEA). The DEA classifies dangerous drugs based on a system of “schedules,” from Schedule I (the most dangerous) to Schedule VII (the least serious).
The DEA bases its assessment on not only the danger of overdose and other serious effects, but also the risk of abuse. If a user has a high chance of becoming addicted to a specific drug, that drug is also more likely to rank higher on this classification of dangerous drugs.
Does Tennessee Follow DEA Drug Classes?
Tennessee law closely mirrors federal laws and the drug classification system outlined by the DEA. That being said, the DEA drug scheduling system is more of a “guideline” rather than a strict set of rules that all states must follow. Like many other states, Tennessee has deviated from these federal guidelines in certain areas. The most obvious example involves marijuana. Under the DEA scheduling system, marijuana is a Schedule I drug. However, Tennessee classifies marijuana as a Schedule VI drug instead.
Schedule I Drugs in Tennessee
Schedule I drugs in Tennessee have the highest potential for abuse, addiction, and overdose. As a result, the DEA believes that these drugs are never safe to use. In Tennessee, Schedule I drugs include LSD, MDMA, DMT, and various opioids such as heroin and synthetic opioid derivatives. One of the newest additions to the Schedule I classification is the entire “family” of fentanyl derivatives.
Schedule II Drugs in Tennessee
Schedule II drugs in Tennessee are still dangerous, potentially causing severe mental and physical addictions. Examples of these drugs include cocaine, codeine, meth, and amphetamines.
Schedule III, IV, and V Drugs in Tennessee
Schedule III drugs also have the potential to cause addiction, but this dependency is more mental than physical. Unlike Schedule I and II drugs, Schedule III drugs can be used safely by trained professionals in the medical world. The DEA believes there is a “medium” potential for abuse with these drugs. Examples of Schedule III drugs include certain steroids, ketamine, and lysergic acid (LSA).
Schedule IV drugs present even lower chances of addiction, and these substances are often used by professionals in the medical world. Examples include clonazepam, ketazolam, and oxazolam. Schedule V drugs have mild addictive properties with a low danger of abuse. Examples include low doses of codeine and cenobamate.
Schedule VI Drugs in Tennessee
Tennessee ranks Schedule VI drugs even lower, and the danger level posed by these substances is extremely minimal in the eyes of the authorities. Perhaps the most notable example of a Schedule VI drug in Tennessee is marijuana, but this drugs class also includes various tetrahydrocannabinols.
How Does the Classification of Dangerous Drugs Affect Penalties?
The drug scheduling system only outlines the potential for abuse, and not the various penalties for possessing or distributing certain drugs. In contrast, the Controlled Substances Act (CSA) includes sentencing guidelines. These sentencing guidelines are just that – guidelines. Tennessee has the authority to follow these guidelines or create its own penalties for certain drugs or entire drug classes.
That being said, federal authorities may have jurisdiction over certain drug cases in Tennessee. For example, if an alleged drug distributor moves controlled substances across state lines, federal laws may apply. This is something defendants might want to discuss with experienced drug defense lawyers at King Law Offices.
Penalties for Possession of Controlled Substances in Tennessee
Generally speaking, possession leads to much less severe penalties compared to drug distribution in Tennessee. For example, “simple possession” of most controlled substances is a class A misdemeanor in Tennessee – with a maximum jail sentence of one year. Defendants convicted of this offense may also face a maximum fine of $2,500. This is much less serious than the penalties reserved for high-level distributors, who may face up to 60 years in prison in Tennessee.
As with many states, Tennessee takes a slightly different approach to marijuana. The National organization for the Reform of Marijuana Laws (NORML) notes that possession of a small amount of marijuana can only lead to a maximum jail sentence of a few months. This makes marijuana possession one of the least serious drug offenses one can commit in Tennessee, largely thanks to its low ranking on the classification of dangerous drugs. That being said, the large-scale distribution of cannabis in Tennessee can lead to the most serious drug penalties possible, including 60 years in prison.
Learn More About the Classification of Dangerous Drugs With King Law Offices
Although the classification of dangerous drugs serves to simplify the criminal justice system with clear formulas and penalties, it often confuses defendants. Some might argue that the drug classification system is imperfect, often labeling seemingly innocent drugs as more dangerous than much more innocuous substances. Defendants who find these subjects confusing should speak with experienced drug defense attorneys in Tennessee for more targeted guidance. With a greater understanding of the specific drugs class involved, a defendant might find it easier to assess various defense strategies. Continue this conversation by contacting King Law Offices at (888) 748-5464.
