What Tennessee Law Says About Possession of a Controlled Substance

Understanding the intricacies of drug laws is crucial, especially when dealing with charges of possession of controlled substances. If you get busted with controlled substances in Tennessee, will you face jail time? Tennessee law says the repercussions could be increased based on the specific types of drugs that were found. Some drugs are considered more dangerous and elicit more severe penalties and aggressive stances from the prosecution. We are going to break all that down right now.

Overview of Tennessee Drug Laws

Tennessee law categorizes drugs into different schedules based on their likelihood for abuse or medical use.

Drug Schedules

1. Schedule I:

• Examples: Heroin, Mushrooms, Psychedelics.

• Characteristics: High potential for abuse, no accepted medical use.

Schedule II:

• Examples: Cocaine, Methamphetamine.

• Characteristics: High potential for abuse, may have some accepted medical uses under limited circumstances.

Schedule III-V:

• Characteristics: Decreasing potential for abuse and increased medical use.

Schedule VI:

• Example: Marijuana.

• Characteristics: Limited medical use, lower potential for abuse compared to Schedules I-V.

Legal Implications of Possession of Controlled Substances

Possession of a controlled substance in Tennessee can lead to criminal charges. The penalties imposed vary based on the schedule of the substance, the amount possessed, and the individual’s criminal history.
Felony vs. Misdemeanor

Schedule I or II Substances:

• General Penalty: Typically charged as felonies.

• Example:

• General Penalty: Often charged as misdemeanors but can result in serious legal consequences.

• Example:

Schedule IV (e.g., Xanax, Valium):

• General Penalty:

  • Under Half an Ounce:

    • Misdemeanor: Rarely charged in Nashville, Davidson County.

    • Punishment: This can be up to a year in jail and a $2,500 fine.

Alternative Sentencing and Rehabilitation

Tennessee law recognizes the importance of rehabilitation and frequently offers alternative sentencing for those struggling with substance abuse. Individuals may be eligible for diversion, drug court, or other treatment programs instead of incarceration.
Alternative Programs

Diversion Programs:

• Allows offenders to avoid a criminal record by completing a rehabilitation program.

Drug Court:

• Provides a structured program that includes treatment, supervision, and court appearances.

Other Treatment Programs:

• Tailored to address substance abuse issues and offer recovery support.

Contact Andrew C. Beasley, PLLC: Nashville Criminal Defense Attorney

Navigating the legal landscape of charges for possession of controlled substances in Tennessee requires a thorough understanding of the state’s drug schedules and associated penalties. If you or someone you know is facing charges, we can help defend you against the law. Do not try to take on the system alone. Schedule a consultation, and we will discuss your situation and all your options.

Andrew C. Beasley Law, PLLC, in Nashville, TN, is dedicated to helping our clients achieve the best possible outcome for any case. No matter the charges you may be facing, our team is committed to defending your rights and fighting for a favorable resolution. You can trust us to be by your side every step of the way and provide the legal support and representation you need. Call us at 615-894-6753 or use our convenient online form to schedule a free consultation.