Few things are more stressful than being caught with drugs on your person in Tennessee. You know that there will be consequences—but what are they and how serious will they be? Depending on how seriously you approach this issue and how you handle it, your outcomes may vary.

That’s why it is so important to contact a drug crimes lawyer as soon as possible after an arrest. Call Delius & McKenzie to set up a time to meet with our team now.

What counts as drug possession in Tennessee?

It’s important to understand what the law says if you hope to fight your charges and protect your freedom. Under the law, being in possession of drugs means that you have control over them. If you have actual possession of drugs, you have them on your body, in your bag, in your pocket, or otherwise with you. Constructive possession is when you have the drugs in your control but not actually with you. For example, if the police find drugs at your home or in your vehicle, they may be able to demonstrate that they were yours and you placed them there.

Drug schedules in Tennessee and what they mean for you

Something that may influence how your charges are handled is what you are caught with. In Tennessee, drugs are divided into schedules based on how dangerous they are. Schedule I includes the drugs considered to be the most dangerous and most likely to result in abuse, going all the way down to Schedule VII, which includes butyl nitrite and its isomers—commonly known as ‘poppers,’ and is classified as a Schedule VII controlled substance in Tennessee (TN Code § 39-17-416 (2024)).

Being caught with Schedule I substances puts you in a much more serious position than being caught with Schedule VII substances. Why? Because even though your charge may start as possession, the state may bump it up to possession with intent to sell or deliver, depending on the amount they find and any other supplies they find.

Penalties for first-time possession

Simple possession is a Class A misdemeanor. If you are convicted, the court may penalize you with up to 11 months and 29 days in jail, as well as a fine of up to $2,500.

You definitely want to avoid having your charges upgraded to possession with intent to sell or distribute. This is a felony, and you could be sentenced to years in prison and pay tens of thousands of dollars in fines.

Potential legal defenses

There are many different legal defenses that your drug crimes lawyer may explore as part of your case:

• Illegitimate search and seizure: Police must have reasonable cause to search someone or their space. An illegal search isn’t justified or made legal if they find illegal substances during it. If your attorney can prove that their search was illegitimate, the evidence may be inadmissible in court.
• Lack of knowledge or possession: You must have known the drugs were on your person or in your space. For example, imagine if your roommate hid their drugs in your room because their parents were visiting and they didn’t want to risk it. You would technically not have been in possession of the drugs.
• Prescription defense: Certain drugs in the given schedules are prescription medications. If you can provide a legitimate prescription, that can result in your charges being dropped.
• Chain of custody concerns: Evidence must be accounted for from the moment that it is taken off your person until it is secured in police custody. If the evidence is mishandled, not documented properly, or goes missing while in police control, that may weaken their case against you.

Alternative sentencing

There are numerous ways you can avoid time in jail after a drug arrest. Diversion allows you to divert your charges for a specific amount of time if you plead guilty and meet certain conditions. If you successfully complete the program, you can then have your charges expunged. You may have to submit to regular drug testing, attend a drug rehabilitation program, and avoid all other criminal charges until you complete the diversion program.

Probation is another option for those who meet certain requirements. You typically need to demonstrate that you are not a danger to the public and that your charges were a fluke, not part of a pattern of behavior.

Tennessee also has Recovery Courts that hear drug-related cases. They aim to reduce recidivism and substance abuse in a way that makes the entire community safer and healthier. Those who go through drug court must agree to judicially-supervised treatment, periodic drug testing, and other rehabilitative services.

The role of legal representation

Having an experienced drug crimes attorney advocating for you throughout this process can help you push for a more favorable outcome. You’re likely panicking about your arrest, committed to avoiding future criminal charges, and ready to make a change. By proving that to the court, your attorney can try to get your charges decreased, dismissed, or expunged after completion of a court-approved program.

Having an attorney can also help you avoid making your case worse. Police go to great lengths to get confessions out of suspects, and it is all too easy for suspects to say things that incriminate them. With a lawyer advocating for you, you can protect yourself from giving the prosecution evidence against you.

Find out how Delius & McKenzie can help you after a drug arrest

If you’ve been arrested on drug charges in Tennessee, turn to the team at Delius & McKenzie for the legal guidance you deserve. We’re here to advocate for you, help you choose a different path, and explain your legal options. Call us or send us a message online to get started.