In Tennessee, drug-related allegations are taken seriously. Both the federal government and state prosecutors have a record of pursuing drug crimes aggressively, and a conviction can have lifelong personal and professional consequences. To best avoid a conviction, contact an experienced Nashville drug possession defense lawyer immediately after you are charged with a crime or released from jail.
Our Nashville drug crimes defense lawyers at Nash Law, PLLC have decades of experience and can fight to protect your freedom and future if you are charged with drug offenses. For many years, our legal team has earned a reputation for good results in drug crimes defense. We offer a free preliminary consultation, so please don’t hesitate to contact us at 615-NASH-LAW.
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What Are the Different Types of Drug Possession Offenses?
The seriousness of a drug offense, and the resulting punishment, depends on the classification of the drug you are accused of possessing and the amount.
Below is a classification of drug crimes according to severity:
Misdemeanor
Misdemeanors are penalized by imprisonment of up to one year, plus fines or other penalties. These charges are often long and complex like any other trial. This is the main reason you need our Nashville drug possession lawyer to represent you.
Felony
Felony drug offenses are often the worst and can result in state or federal imprisonment for years, depending on the situation and factors specific to the case. They carry hefty fines and usually at least a year in prison.
If the charges are serious enough, the death penalty may be imposed. Fortunately, our Nashville drug possession defense lawyer can help you out.
How Does Tennessee Classify Controlled Substances?
The national government classifies drugs into various schedules. Most states, including Tennessee, have introduced the same classification scheduling with minor alterations as follows:
Schedule I Drugs
This includes drugs with the highest addiction risk, without any acceptable medical benefits. Drugs in this category include ecstasy, LSD, heroin, mescaline, and psilocybin.
Schedule II Drugs
Substances in this tier still pose a high risk of abuse, although they have accepted medical benefits. This includes cocaine, opium cocaine, amphetamines, and methamphetamines.
Schedule III Drugs
They are a bit less dangerous than drugs in Schedule II but still pose a reasonable risk of abuse. CDS in this tier include ketamine and some antidepressants.
Schedule IV Drugs
They have a low risk of addiction and have some medical benefits. Some schedule IV drugs include clonazepam, sedatives, and tranquilizers.
Schedule V Drugs
These drugs have a very low addiction risk, such as Tylenol with Codeine.
Schedule VI Drugs
This includes marijuana, which is believed to have a low physical addiction risk.
Schedule VII Drugs
They contain only butyl nitrate, also known as “popper.”
What Are Some of the Penalties for Drug Possession in Tennessee?
Drug offenses are punished with varying penalties depending on the severity of the drug and the quantity. Below are the penalties associated with each severity or schedule:
Schedule I Drugs
Any deliberate manufacture, supply, or possession of drugs in this tier is in Class B felony. It’s therefore punishable by eight to twelve years in prison and a fine of around $100,000. If the amount of the drug exceeds a specific limit, the fine is up to $200,000, depending on the type.
Schedule II Drugs
The intentional manufacture, supply, or possession of methamphetamine or cocaine is a Class C or B offense, depending on the amount. If it’s less than 5 grams, it is a Class C felony involving a fine of up to $100,000 and 3 to 6 years imprisonment. If it exceeds 5 grams, it is a Class B offense, punishable between 8 and 12 years imprisonment and a fine of up to $100,000.
The deliberate manufacture, possession, or dispensing of schedule I or II drugs surpassing specific quantities depending on the substance is a class A crime, punishable by 15 to 25 years imprisonment and/or a $500,000 fine.
Schedule III Drugs
Possession of Schedule III drugs is classified as a Class D offense with a penalty of 2 to 4 years in prison and a fine of around $50,000.
Schedule IV Drugs
Flunitrazepam drug offenses are Class C offenses, punishable by three to six years in prison and a fine of around $100,000. The remaining drug offenses in schedule IV are Class D offenses, punishable by two to four years in prison and a fine of up to $50,000.
Schedule V Drugs
Schedule V drugs are generally not addictive, but they can be abused. This includes medications that contain limited amounts of opium and codeine. Abuse of these drugs is classified as a Class E felony, and the penalty is a fine of around $5000 and 1-2 years in prison.
Schedule VI Drugs
Penalties for intentional production, distribution, and possession of drugs are under this schedule, and it mainly depends on the quantity of the drug. It can range from half an ounce to over 300 pounds of marijuana. It consists of 1 to 2 years imprisonment and/or a fine of around $5,000 to $500,000 fine and 15 to 25 imprisonment for large quantities.
Schedule VII Drugs
The drugs listed in this tier are butyl nitrite. All offenses related to these drugs are classified as Class E offenses punishable by a 1 to 2 year imprisonment period and a $1,000 fine.
What Are Common Defenses Against Drug Possession Charges?
Listed below, are some common defenses that are used against drug possession charges:
Violation Of Rights
In some cases, the police may have violated your rights during the arrest, interrogation, or by searching you without probable cause. These types of rights violations can result in the charges being dismissed.
Fact Mistake
Denying that the drugs belonged to you is a valid defense strategy you can use. A skilled defense lawyer from our legal team may pressure the prosecutor to provide evidence to prove beyond any reasonable doubt that the drugs found were in your possession.
Our Nashville drug possession defense lawyer will be able to help you out even if this is the defense strategy you prefer.
Medical Exception
A prescription by a doctor can allow you to carry and possess some substances. The charge may be dismissed if you can prove that you have a medical prescription exemption for possessing the drugs.
Schedule a Free Consultation Today with Our Nashville Drug Possession Defense Lawyer
Whether you’re facing marijuana-related charges, prescription drugs, methamphetamine, or other drugs, you can be represented by one of our experienced attorneys at Nash Law, PLLC, and you won’t have to worry about your freedom.
A skilled Nashville drug possession defense lawyer has the required experience to limit the damage drug possession can cause to your criminal record, financial status, family, and freedom.
Our proactive defense method is what you will need to handle Tennessee drug possession allegations, and you will realize this as soon as you begin with our free case evaluation, where we will explain everything to help you make an informed decision.
Don’t hesitate to contact our Nashville drug possession defense lawyer at 615-NASH-LAW immediately if these allegations arise.
