Memphis Drug Possession Lawyers

Powerful Defense for Drug Possession Charges

Facing a drug possession charge in Tennessee is no small matter. State law treats these offenses with exceptional severity, and prosecutors in Shelby County rarely go easy. Even small amounts or first-time charges can lead to jail time, steep fines, and a criminal record that affects your future opportunities. Every case deserves a defense that meets this level of seriousness head-on.

At Ferguson McNeil Law Firm, P.A., we know how easily an accusation can escalate. Many people are charged simply because drugs were found nearby or in a shared vehicle, even when they had no knowledge of them. Our drug possession attorneys focus on uncovering the facts, challenging weak evidence, and protecting your rights at every stage of the process.

To speak with our experienced Memphis drug possession lawyers, give us a call at (901) 878-5434 or contact us online today. 

Why Choose Ferguson McNeil Law Firm, P.A. for Your Defense

Drug possession charges in Tennessee call for an experienced legal team that knows how to protect your record, your freedom, and your future. Ferguson McNeil Law Firm, P.A. combines proven trial skill with deep knowledge of how Shelby County courts operate, giving clients a clear advantage in challenging serious accusations.

What sets our team apart:

• Nationally Certified Trial Leadership. Our managing attorney is a Certified Specialist in Criminal Trial Advocacy through the National Board of Trial Advocacy (NBTA), reflecting advanced trial skill and professional excellence.
• Exclusive Focus on Criminal Defense. We dedicate our entire practice to defending clients facing criminal charges, allowing for sharper strategies and more focused advocacy.
• Extensive Memphis Courtroom Experience. Decades of work in local courts provide insight into how prosecutors build cases and how to counter them effectively.
• Strong Record of Client Trust: A 10.0 “Superb” Avvo rating and strong client feedback highlight our dedication to communication, preparation, and results.
• Strategic & Responsive Representation: Every case receives personalized attention, from challenging unlawful searches to pursuing reduced charges or diversion options.

Start Strong: Your First Consultation Is Free

If you are facing a drug possession charge in Memphis or anywhere in Shelby County, your first step should be to speak with a defense attorney who knows how Tennessee courts handle these cases. 

Ferguson McNeil Law Firm, P.A. offers free initial consultations, available in person or through secure virtual meetings, so you can get immediate, reliable legal guidance.

To make the most of your free consultation:

• Be Honest & Detailed. The more context you share about the arrest and circumstances, the more accurately we can assess your defense options.
• Bring Documentation. Court notices, citations, and any evidence you received can help us review your situation effectively.
• Ask Questions. Use this time to learn how the law applies to you and what strategies may be available.
• Pay Attention to Communication. A consultation helps you get a feel for how our team interacts, explains the law, and keeps clients informed throughout their cases.
• Take Notes. Jot down key points about timelines, potential next steps, and what to expect in court.

Common Defenses & Legal Strategies in Memphis Drug Possession Cases

A drug possession charge in Shelby County does not always lead to a conviction. The outcome often depends on how effectively the defense challenges the evidence and exposes flaws in the investigation. Ferguson McNeil Law Firm, P.A. focuses on identifying every opportunity to weaken the prosecution’s case and protect your rights from the moment charges are filed.

Our defense strategies often include:

• Illegal search or seizure. Contesting whether law enforcement had valid probable cause or a lawful warrant before conducting a search.
• Lack of knowledge or ownership. Arguing that the drugs did not belong to you, especially when they were found in a shared space or vehicle.
• Questionable testing or evidence handling. Reviewing how the alleged substance was tested, labeled, and stored to challenge reliability or chain of custody.
• Entrapment or procedural violations. Exposing improper police tactics or procedural errors that may invalidate the evidence.
• Insufficient proof of possession. Showing that proximity to drugs does not equal control or intent to possess under Tennessee law.
• Negotiation & diversion options. Pursuing probation, drug court, or treatment alternatives when appropriate to reduce penalties and protect your record.

How Drug Schedules Impact Your Defense

Tennessee uses seven drug schedules that influence how prosecutors charge and sentence possession cases. The schedule is not a formality. It determines how aggressively the state pursues a case, what penalties are possible, and where there may be room to negotiate or challenge the evidence.

Schedules at A Glance

• Schedule I: Highest risk, no accepted medical use. Examples: heroin, LSD
• Schedule II: High risk of abuse, limited medical use. Examples: cocaine, methamphetamine, oxycodone
• Schedule III: Lower risk than II. Examples: anabolic steroids, certain depressants
• Schedule IV: Moderate risk. Examples: sedatives and anti-anxiety medications
• Schedule V: Minimal dependency risk. Examples: medications with small amounts of codeine
• Schedule VI: Marijuana and similar substances
• Schedule VII: Butyl nitrate

Why It Matters to Your Case
Prosecutors in Shelby County rely on these classifications to argue for penalties. A higher schedule often brings tougher sentencing recommendations, but each case depends on the strength of the state’s evidence. The defense can challenge how the drug was identified, whether the testing was reliable, or if the alleged substance truly falls under that schedule.

Our Approach
Ferguson McNeil Law Firm, P.A. reviews every detail of the state’s case, from lab reports to chain of custody, to find inconsistencies that can shift leverage to your side. When the evidence supports personal use rather than distribution, we work to reframe the charges or pursue diversion programs that protect your record. Our goal is to use Tennessee’s drug schedule framework to your advantage and secure the most favorable outcome possible. 

Consequences of Drug Possession in Tennessee

The most minor drug offenses in Tennessee fall under simple possession or casual exchange. These acts are Class A misdemeanors, with potential penalties of up to 11 months and 29 days in jail and a fine up to $2,500. Tennessee law also imposes mandatory minimum fines that vary by drug type. For marijuana, the minimum fine is $250 for a first offense. For other controlled substances, that minimum jumps to $750. These penalties can increase significantly with prior convictions.

Marijuana possession generally remains a misdemeanor for amounts under half an ounce, even for repeat offenders. However, possessing more than half an ounce automatically elevates the charge to a Class E felony. For more serious drugs, a second or third possession conviction can result in felony charges. A Class E felony can bring one to six years in prison and a fine up to $3,000.

Ferguson McNeil Law Firm, P.A. works to protect clients from the penalties that follow a drug conviction. Our defense often begins by examining how the police handled the stop, whether the search was lawful, and if the alleged substance was tested and classified correctly. When appropriate, we pursue diversion programs, probation, or Shelby County Drug Court options that can reduce or eliminate jail time.

What to Expect Throughout the Legal Process in Shelby County

Following an arrest, most people are taken to the Shelby County Criminal Justice Building at 201 Poplar in Memphis. Your case begins in General Sessions Criminal Court, where you'll have an initial hearing. Prosecutors review the police report and decide whether to move forward with formal charges.

When you retain us, we start working on your defense immediately. We examine the discovery materials, look for problems with the prosecution's evidence, and meet with prosecutors to negotiate. For first-time offenders, we often pursue diversion programs that can lead to your charges being dismissed and expunged. Pretrial diversion suspends prosecution for up to two years without requiring a guilty plea. Judicial diversion requires a guilty plea but defers sentencing while you complete probation. Either way, if you finish the program successfully, the charges can be removed from your record completely.

Shelby County Drug Court offers another option for people facing drug charges who don't have violent offenses on their record. The program runs about 18 months and includes treatment, regular court check-ins, and close monitoring. If you complete it, your case can be dismissed and expunged. Not everyone qualifies, but we know how to present your situation in the strongest way possible.

Many cases settle before trial through negotiation or alternative sentencing. That said, we prepare every case as though it's heading to trial. Prosecutors take you more seriously when they know your attorney is ready to fight.

For high-quality and aggressive criminal defense, contact our firm online or call (901) 878-5434 to schedule a consultation with our experienced Memphis drug crime attorneys today!

Frequently Asked Questions

Will a drug possession conviction always result in jail time?

No, not every drug possession conviction leads to jail time. Courts may consider probation, diversion programs, or treatment alternatives if you qualify based on your record and the nature of your charges.

Does the type of drug make a difference in my case?

Yes, the substance involved can impact your case. While Tennessee treats many possession charges similarly for a first offense, certain drugs fall under different schedules, which may result in different penalties or eligibility for alternative programs in Memphis.

Can police charge me if the drugs were not mine?

Yes, but the prosecution must prove you knowingly possessed or controlled the substance. If drugs were found in a shared car, home, or public area, your attorney can argue lack of knowledge or ownership. Establishing that connection is often one of the strongest defenses in possession cases.

Do I need to appear in court for every hearing?

Not always. In some situations, your attorney can appear on your behalf for procedural hearings. We explain which appearances require you to attend and make sure you are fully prepared when your presence is necessary.

How long will my case take to resolve?

Drug possession cases in Shelby County vary depending on complexity, lab testing timelines, and negotiations. Simple cases may resolve in a few months, while contested or trial-bound cases can take longer. We keep clients updated and move proactively to avoid unnecessary delays.

Can I travel or move while my case is pending?

Travel restrictions depend on your bond conditions and court orders. Before making plans, consult with your attorney so they can request permission or adjust conditions if needed. We help clients manage travel and work obligations without jeopardizing their case.