Memphis Drug Possession Attorney
Drug Possession Charges in Tennessee
If you have been arrested for drug possession charges, you need to aggressively fight against your charges. While some possession charges are minor and hold less serious penalties, others are severe and can have life-changing consequences. Drugs are divided up into various classifications due to the seriousness of the drug. Tennessee's drug laws do not take into account the amount, the concentration and the type of drug when creating a sentence. Some states have a much more complicated process when it comes to possession charges. Tennessee keeps it simple but in doing so, you could be facing similar consequences for possession marijuana as you would if found in possession of heroin.
The definition of "possession" is also important in this case. Some people think that possession means you have to have the drugs on you to be charged with this offense. That is not always the case, you can be arrested for drug possession charges if drugs are found in your vehicle or just near you at all. This can also lead to a strong defense because people are often arrested for being near drugs that do not belong to them. Also, just because drugs are in your vehicle does not mean you were aware of that or that they belong to you. You need a solid defense when facing possession charges, contact a Memphis criminal defense lawyer from The Claiborne Ferguson Law Firm, P.A. for help in your case.
Drug Classifications in Tennessee
When considering the severity of a possession offense, the classification of the drug could be considered for second offenses. Controlled substances and drugs are broken up into seven 'schedules' including:
- Schedule I: the most dangerous drugs with a high addiction risk and no legitimate medical use. Examples include heroin and LSD
- Schedule II: drugs with a high risk of a abuse but could have a legitimate medical use such as cocaine or methamphetamines
- Schedule III: drugs that are considered to be less dangerous than Schedule II but still contact a risk of abuse. Examples include anabolic steroids and some depressants
- Schedule IV: drugs with a small risk of dependency and acceptable medical use such as sedatives and tranquilizers
- Schedule V: drugs with a low risk of dependency such as Tylenol
- Schedule VI: drugs such as marijuana with a very low risk of dependency
- Schedule VII: only includes Butyl Nitrate
Tennessee Drug Possession Penalties
The most minor drug offenses in Tennessee are termed simple possession or casual exchange. These offenses are charged as Class A misdemeanors punishable by up to one year in jail and a fine of up to $2,500. When it comes to possession, any first time drug possession charge would result in this misdemeanor offense. This means that regardless of the 'schedule,' you are facing the same penalties. When it comes to second drug possession offenses, the penalties vary. For marijuana possession, you would still be facing misdemeanor charges. If you are facing a second offense for possession of a serious drug, you are at risk of felony charges. Felony charges do not arise with marijuana possession until the third offense. The penalties for a Class E felony that you could be facing for second offense possession charges could include between one and six years in prison and a fine of up to $3,000. Another penalty that could be added in would be a drug education program to prevent future drug crime offenses.
Facing drug possession charges in Memphis, TN?
Possession charges in Tennessee are harsh, you need to team up with The Claiborne Ferguson Law Firm, P.A. for the representation that you need. Our Memphis drug possession lawyers have a 10.0 'superb' Avvo rating due to the reviews of former clients. For high-quality and aggressive criminal defense, contact our firm right away!