Charged With Drug Possession in Tennessee: What Happens Next?
Being charged with drug possession in Tennessee does not mean that you will automatically be convicted. The State still has the burden of proving the elements of the offense, and the circumstances surrounding the search, seizure, arrest, and alleged possession can be extremely important.
Understanding the difference between simple possession and more serious drug charges is a good place to start.
What Is Simple Possession in Tennessee?
Tennessee Code Annotated § 39-17-418 generally makes it an offense to knowingly possess a controlled substance unless the substance was lawfully obtained through a valid prescription or order of a practitioner.
Simple possession is generally a Class A misdemeanor in Tennessee.
A Class A misdemeanor can carry a sentence of up to 11 months and 29 days in jail and a fine of up to $2,500. Certain controlled substances are subject to additional statutory sentencing provisions, so the substance allegedly possessed matters.
A misdemeanor drug charge should therefore not be treated as merely a traffic-ticket-level offense.
Possession Does Not Always Mean Drugs Were Found in Your Pocket
An important issue in many drug cases is whether the State can actually prove that the accused person possessed the drugs.
Drugs do not necessarily have to be physically found on someone's body for prosecutors to allege possession. Cases can involve drugs discovered in a vehicle, house, hotel room, bag, container, or another location accessible to more than one person.
When drugs are found in a shared location, important questions can include who owned or controlled the location, who had access to the drugs, where the drugs were located, and what evidence connects the accused person to them.
Simply being near illegal drugs does not necessarily resolve the question of possession.
Was the Search Legal?
Another major issue in a Tennessee drug-possession case is how law enforcement discovered the drugs.
The Fourth Amendment to the United States Constitution and Article I, Section 7 of the Tennessee Constitution protect against unreasonable searches and seizures.
Depending upon the circumstances, an attorney may examine questions such as:
Why did the officer stop or detain the defendant?
Did the officer have legal grounds to search the vehicle, home, container, or person?
Did someone consent to the search?
If there was a search warrant, was the warrant valid and properly executed?
Was the detention unlawfully prolonged?
Does an exception to the warrant requirement apply?
If evidence was obtained through an unconstitutional search or seizure, the defense may seek suppression of that evidence.
In some cases, the legality of the search can be more important than the quantity of drugs allegedly discovered.
Simple Possession Versus Possession With Intent
There is an enormous difference between simple possession and an allegation that a person possessed drugs with the intent to manufacture, deliver, or sell them.
Simple possession under § 39-17-418 is generally a misdemeanor. Possession with intent under Tennessee's drug statutes can constitute a felony, with the classification depending upon factors such as the controlled substance and quantity involved.
The State does not necessarily need evidence of an actual completed sale to pursue a possession-with-intent charge.
Tennessee law permits the factfinder to consider the amount of a controlled substance possessed along with other circumstances when determining whether the substance was possessed for purposes of selling or dispensing it.
The surrounding evidence can therefore matter greatly. Quantity, packaging, scales, money, communications, and other circumstances may become relevant depending upon the particular case.
What About Marijuana?
A common misconception is that marijuana is now universally legal.
Tennessee's criminal statutes continue to regulate marijuana possession and distribution. A person should not assume that conduct lawful in another state is lawful in Tennessee.
The exact offense and potential consequences depend upon the conduct and quantity involved.
Methamphetamine and Fentanyl Require Special Attention
Although simple possession is generally a Class A misdemeanor, Tennessee law contains additional sentencing provisions for certain substances.
For example, § 39-17-418 contains specific minimum-confinement provisions involving possession of methamphetamine and certain fentanyl-related substances.
For that reason, the statement that "simple possession is only a misdemeanor" can give an incomplete picture of the potential consequences.
What Should Someone Do After Being Charged?
A drug-possession case should be evaluated based upon the actual evidence rather than assumptions about what happened.
Important materials may include the arrest warrant, affidavit of complaint, body-camera footage, patrol-car video, search warrant and supporting affidavit, laboratory testing, photographs, property records, and other evidence collected by law enforcement.
An attorney can evaluate not only whether the alleged substance was illegal, but also whether the State can prove knowing possession and whether law enforcement obtained the evidence constitutionally.
A Drug Charge Is Not a Conviction
The filing of a criminal charge is the beginning of the case, not the end.
The prosecution bears the burden of proving the offense beyond a reasonable doubt. Depending upon the facts, defenses may concern possession, knowledge, identity of the substance, laboratory evidence, the legality of the search or seizure, or other aspects of the State's proof.
Anyone charged with drug possession in Tennessee should have the facts and evidence reviewed before deciding how to resolve the case.
An experienced Tennessee criminal-defense attorney can review the circumstances of the arrest, determine whether constitutional or evidentiary issues exist, and explain the available options based upon the particular charge and criminal history involved.
This article is for general informational purposes and is not legal advice. Criminal charges and potential penalties depend upon the particular facts, substance, criminal history, and law applicable to each case
