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The state of Tennessee seeks to harshly punish those found in possession of controlled dangerous substances, which is why if you are facing any sort of drug charge, you need a competent Memphis drug crime lawyer on your side. Contact Ballin, Ballin & Fishman, PC today.
Were you recently wrongfully charged with the possession or intent to sell a controlled dangerous substance? Do you have a substance abuse issue and are now facing legal troubles? You can depend on a Memphis criminal defense lawyer here at our firm to assist you.
Though many states in the U.S. have loosened their restrictions on marijuana possession, and many have even legalized the recreational sale and use of the drug, this is not the case in Tennessee. If you are caught in possession of even one-half ounce or less of the drug, you will face the following penalties:
If you are found with more than one half-ounce of marijuana, prosecutors may treat the case as possession with the intent to distribute the drug. The consequences of these charges are as follows:
You should also understand that if this is your second or subsequent offense, you can expect to face even harsher criminal penalties.
There are various drugs that are federally scheduled, known as controlled dangerous substances. These drugs range from heroin, cocaine, and methamphetamine, to LSD, marijuana, and even certain prescription medications. If you are caught in possession of any of these scheduled drugs without a prescription, you will face very serious criminal penalties.
For example, for a first or second possession charge, you will face Class A misdemeanor penalties, which can entail up to 11 months and 29 days of incarceration and a potential $2,500 fine. For a third or subsequent simple possession charge, you will generally still face Class A misdemeanor penalties rather than a felony, because Tennessee eliminated the automatic third-offense felony in 2016; a possession charge becomes a Class E felony only if you have two or more prior convictions and the current offense involves heroin. You should also note that if you’re facing drug charges, you may have to do community service and attend drug offender school, at your own cost.
Often, yes. Many first-time simple possession cases are eligible for judicial or pretrial diversion, which allows the charge to be dismissed after you complete a period of probation and any required conditions. Once the case is dismissed, you may be able to have the arrest and charge expunged from your record, which removes it from public view. Eligibility depends on your prior record and the specific offense, so it is best to review your situation with a Memphis criminal defense lawyer.
Yes. Even though simple possession is generally a Class A misdemeanor, Tennessee law requires a mandatory minimum of 30 days of confinement for possession of any amount of methamphetamine. Because these cases often involve related charges, including impaired driving, it is important to understand every offense you are facing before deciding how to proceed.
Anyone facing drug charges in Tennessee must proceed with the assistance of an experienced and skilled Memphis drug crime lawyer who understands the ins and outs of how these cases are formed and prosecuted. Contact Ballin, Ballin & Fishman, PC to schedule your free initial consultation with our firm.
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