Getting caught with drugs is definitely a bad position to be in—you know that the best-case scenario is ending up with possession charges, and even that can result in jail time and fines. But depending on how much you have and what other paraphernalia you have on you, you could be charged with even more serious crimes. There are stark legal differences between simple possession and possession with intent to distribute, and it is crucial that you know what you’re being charged with, why you’re being charged that way, and how to fight back.

That is where the team at Delius & McKenzie steps in to help. We understand how frightening it is to be arrested on drug charges and how much you want to protect your future. Let’s talk about your next steps now—just give us a call.

What is simple possession?

Those caught with drugs in Tennessee may be charged with simple possession. A simple possession charge means that you knowingly had a controlled substance in your possession, whether on your person or within your control. When prosecutors want to prove this charge, they must be able to show that you were aware that you had the drugs in your possession.

Possession with intent to distribute and what makes it different

You are in a far more serious situation if you are charged with possession with intent to distribute. Possession with intent to distribute means you had the drugs with the intent to sell, deliver, or manufacture them, and this is charged as a felony in Tennessee.

How prosecutors use evidence to prove possession with intent to distribute

If both crimes involve having drugs on your person or among your items, what makes the difference between simply having drugs in your possession and having them with the intent to sell them?

A lot of it comes down to what other evidence the investigators and prosecutors can track down at the scene of the crime and during your case. For example, if you are caught with a substantial amount of drugs—more than one person would be expected to purchase—along with packing materials or a scale, that could prove that you planned on selling the drugs. Prosecutors may also use subpoenas to find text messages, emails, or social media posts indicating that you were conducting drug transactions.

Difference in penalties

You may face dramatically different penalties for simple possession versus possession with intent to distribute. Simple possession is a misdemeanor (although repeat offenses can lead to more serious charges). Possession with intent to distribute varies in severity depending on the drug involved. For example, possessing a Schedule V substance with intent to sell is a Class E felony that may result in one to six years in prison and a fine as high as $5,000. The intent to distribute Schedule III or IV substances is a Class D felony resulting in up to 12 years in prison and a fine as high as $50,000. The most severe penalties are reserved for Class A felonies. You may be charged with a Class A felony if you are caught with 150 or more grams of fentanyl, heroin, or morphine; 50 or more grams of hydromorphone or LSD; 300 or more grams of cocaine or methamphetamine; or 300 or more pounds of marijuana. If you are convicted of a Class A felony, the fine may be as high as $500,000 and you could spend between 15 and 60 years in prison.

On the other hand, a Class A misdemeanor results in fines as high as $2,500 and up to 11 months and 29 days in prison. If you are caught with drugs on your person, being charged with possession is far preferable to possession with intent to distribute.

The drugs weren’t mine—now what?

This is perhaps one of the most common defenses to drug charges. It is used by teenagers who have been caught with drugs by their parents and those who are caught by law enforcement. However, because it is so commonly used, it is also rarely believed. While the onus is on the prosecution to prove that you knew the drugs were in your possession, this is generally an easy task.

But if the drugs truly weren’t yours, your next steps may vary depending on your circumstances. If they were someone else’s drugs and you were holding the drugs for them, you still technically had the drugs in your possession and could be charged. If the drugs were hidden on your person without your knowledge, that is an entirely separate situation. You may have a strong defense, as knowing possession is a required element of the charge.

Why you need an attorney

Regardless of whether the drugs were yours, belonged to someone else, or were hidden on you without your consent, you absolutely need an attorney when you are facing drug charges in Tennessee. These charges can have a profoundly negative impact on your future, preventing you from living where you want, getting into certain career paths, damaging your reputation, and keeping you from volunteering.

Also, an attorney can review your case to determine any legal issues with the stop and search by law enforcement that could result in the exclusion of evidence.

Prosecutors have a lot of motivation to secure convictions for drug charges. Drug convictions show that they are hard on crime, intent on keeping the streets of their community safe, and committed to protecting children from the dangers of drugs. They will likely throw everything they have at you to make the charges stick. With a drug crimes lawyer in Tennessee, you at least have a fighting chance at getting your charges dismissed or decreased.

Call us today to protect your future and freedom

If you’ve been arrested on drug charges, don’t wait a moment longer to protect yourself and fight for your future. Call Delius & McKenzie or send us a message online to find out how we can help you take a stand.