Nashville Drug Possession Lawyer

What is Simple Possession?

Simple possession in Tennessee refers to the unlawful possession or casual exchange of a controlled substance for personal use. A casual exchange is a passing of a small amount of drugs, for instance, at a party, where money may or may not be involved. A person commits this offense when they knowingly possess or exchange a controlled substance without a valid prescription or legal authorization.

Penalties for Simple Possession

Simple possession is generally classified as a Class A misdemeanor in Tennessee. The penalties can include up to 11 months and 29 days in jail, possible probation, fines up to $2,500, and court costs and mandatory drug education or rehabilitation programs.

For a third or subsequent conviction, the offense may be charged as a Class E felony, carrying more severe penalties, including potential prison time. Additionally, exchange from an adult to a minor may be a felony.

Specialized Penalties for Certain Drugs

Certain controlled substances carry additional or enhanced penalties under Tennessee law:

• Methamphetamine: While simple possession of methamphetamine is still a Class A misdemeanor, Tennessee law imposes additional requirements. A conviction for simple possession of meth includes a minimum of 30 days in jail and a statutory fine of $750. Additional penalties may include mandatory drug treatment programs, and convictions for meth-related offenses may impact eligibility for parole or probation.
• Marijuana: Although simple possession of marijuana is still illegal in Tennessee, some local jurisdictions have deprioritized enforcement.  However, in this state possession of even a small amount of marijuana is punishable as a Class A misdemeanor and there are specific mandatory minimum fines:
  • First conviction: $250 fine
  • Second conviction: $500 fine
  • Third or subsequent conviction: $1,000 fine
• Schedule I Substances (e.g., heroin, LSD, MDMA): Simple possession of these drugs may result in stricter scrutiny from prosecutors and harsher sentences, especially for repeat offenders.

Simple Possession vs. Possession with Intent

The key difference between simple possession and possession with intent to distribute is the quantity of the drug and surrounding circumstances. Possession of a small amount for personal use is more likely to be considered simple possession, whereas possession of larger quantities, packaging materials, or scales may lead to charges of possession with intent to sell or distribute, felonies that carry harsher penalties.

First-Time Offenders and Diversion Programs

Tennessee offers alternatives to incarceration for first-time offenders, including:

• Judicial Diversion: A first-time offender may be eligible for a diversion program that results in dismissal of the charge upon successful completion.
• Drug Court Programs: Some jurisdictions offer drug courts that focus on treatment rather than punishment.

What to Do If You Are Charged with Simple Possession

If you have been charged with simple possession, taking the right steps can improve your chances of a favorable outcome:

1. Do not admit guilt or provide statements to law enforcement without legal counsel.
2. Contact a Nashville drug possession lawyer immediately to discuss your case.
3. Understand your rights and explore possible defense strategies.
4. Comply with court orders and seek legal guidance on diversion options if applicable.

Why You Need a Nashville Drug Possession Lawyer

An experienced Nashville drug possession lawyer can review the evidence and identify possible defenses, challenge unlawful searches and seizures, negotiate for reduced charges, diversion, or dismissal, and represent you in court to fight for the best possible outcome.  If you or a loved one has been charged with simple possession in Tennessee, contact Carla Grebert today for a consultation.  Carla is here to protect your rights and fight for your future.