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Sevierville Drug Crime Defense Lawyers

Protecting people in Sevierville, Seymour, Gatlinburg, and Pigeon Forge facing misdemeanor, felony, and federal drug charges

Our drug sentencing laws are incredibly strict and harsh. The sentencing guides at the state and federal level for drug crime convictions are often aimed at keeping people in jail or prison, and less on the rehabilitation of offenders and other common-sense solutions.

For this reason, among many, the single most important thing you can do if you stand accused of a drug crime is to call a defense lawyer. The Sevierville-based Delius, McKenzie & McCarter, is well-known throughout Sevier County, including in Gatlinburg and Pigeon Forge, for offering tough, aggressive defense strategies for clients accused of a drug crime. You simply cannot afford to wait if you are charged; hiring a lawyer from our firm can be the difference between going home and going to prison.

Our record of success includes:

  • 6 Counts Sale & Delivery of Schedule II; 2 Counts Sale & Delivery Schedule IV; Sale & Delivery Schedule III; Possession of Paraphernalia. All charges were dismissed due to illegal detention.
  • Fraud; Theft; Possession of Schedule II; Possession of Schedule IV. We obtained a judicial deferral (no jail time).

How can we help?

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What types of drug crimes do you handle?

At Delius, McKenzie & McCarter, we handle federal and state drug charges. Most drug crimes involve substances listed in Schedules I–VI (and VII) under Tennessee law.

Tennessee drug crimes

According to the Tennessee Bureau of Investigation, which references the National Council of Alcoholism & Drug Dependency:

“80% of all offenses leading to incarceration involve drugs and alcohol. Additionally, 80% of inmates acknowledge drugs and alcohol played a part in their arrests, and 50% of inmates arrive in jail or prison chemically addicted to drugs and alcohol.”

“Suspects are charged for possessing, manufacturing, and distributing drugs, but drugs also motivate users to commit other types of crimes, so they can support their addictions or even their living expenses because of their addictions.”

The most pervasive drugs include:

  • Fentanyl
  • Synthetic Opioids
  • Methamphetamine
  • Cocaine
  • Psilocybin

In Tennessee, it is illegal to “knowingly”:

  • Manufacture a controlled substance
  • Deliver a controlled substance
  • Sell a controlled substance
  • Possess a controlled substance with the intent to manufacture, deliver, or sell the controlled substance

The penalty for violating any of the above conditions – for a Schedule I controlled substance - is a Class B felony and fines of up to ($100,000). However, enhancements based on drug type, weight, weapons, and protected zones can increase the felony class and fines.

 

Generally, any violations of the above conditions for other scheduled drugs (some exceptions may apply) are classified as follows:

  • Schedule II drugs. A class C felony
  • Schedule III drugs. A class D felony
  • Schedule IV drugs. A class D felony
  • Schedule V drugs. A class E felony
  • Schedule VI drugs. A class E felony

Federal drug crimes

There are similar federal drug crimes. Our Sevierville drug crime lawyers can explain what federal laws govern drugs. For example, trafficking is a felony crime, and it encompasses all elements of dealing, selling, manufacturing, and transporting illegal drugs. If you stand accused of trafficking drugs, you may also face federal charges – even if you never left the State of Tennessee. Further, trafficking drugs in certain areas, such as school zones, carries harsh mandatory minimum sentences.

Essentially, every person who is accused of a drug crime by a federal agent – like a member of the Drug Enforcement Agency (DEA) or a park ranger at the Great Smoky Mountains National Park, could face federal charges. If you are caught by a non-federal agent while you are on federal lands, you could face federal charges. If you are caught by a local law enforcement official on state-owned property, but that official has partnered with a federal agency, you could face federal charges.

You do not actually have to have drugs on you to be charged with a drug-related crime. Owning or being in close physical proximity to paraphernalia – like bongs, syringes, or scales, for example – is enough “evidence” for law enforcement to bring drug paraphernalia-related charges.

What are the penalties for drug convictions?

Many drug charges may overlap, making it easier for law enforcement to upgrade your charges and to ensure longer sentencing.

Tennessee penalties

If the drugs involved are certain drugs (such as heroin, morphine, LSD, cocaine, and other substances) and are above certain weight limits (generally measured in grams), the drug crime may be upgraded to a Class B felony or a Class A felony.

The drug offense may also be upgraded if the intended recipient is a minor.

Many other factors can affect the class of drug crime and the fines.

Generally, a Schedule I controlled substance has a high potential for abuse, and there is “no accepted medical use in treatment in the United States or lacks accepted safety for use in treatment under medical supervision.”

Typically, a Schedule V controlled substance has “low potential for abuse relative to the controlled substances listed in Schedule IV,” “the substance has currently accepted medical use in treatment in the United States;” and “the substance has limited physical dependence or psychological dependence liability relative to the controlled substances listed in Schedule IV.”

Schedule II substances are generally considered less dangerous than Schedule I but more dangerous than Schedules III–V; risk decreases as the schedule number increases.

Simple possession of a controlled substance is also a crime (unless there is a valid prescription for the drug). A possession charge means you physically have drugs on your person or on your property. If a police officer pulls you over while you’re driving and finds a baggie of marijuana on your passenger seat, or frisks you at a club and finds cocaine or a prescription drug like OxyContin, you can be charged with possession.

Illegal possession is a Class A misdemeanor. There are enhancements if drugs are exchanged by an adult to a minor or the person has two or more prior possession convictions and the current violation involves heroin.

Defendants who have a possession conviction may be required to attend a drug offender program and pay for the program.

There are corresponding fines depending on the classification of the crime (misdemeanor or felony – and grade). Defendants may also be required to pay restitution. They may forfeit certain property as well.

Federal penalties

The federal penalties for drug crimes are generally harsher than the state penalties. And you could potentially face these federal charges on top of your state charges, not instead of them (although typically only one case against you would proceed).

Is marijuana possession legal in Tennessee?

According to Tennessee Cannabis Information, the recreational and medical use of marijuana is illegal because the federal government still includes marijuana as a Schedule I substance. Possession of less than 0.5 ounces (14.2 grams) of marijuana in Tennessee is a misdemeanor punishable with up to 12 months imprisonment. The state classifies “possession of more than 0.5 ounces of marijuana as possession with intent to distribute, a felony, with potentially multiple years of incarceration as a penalty.”

Some cities, like Nashville and Memphis “passed ordinances to decriminalize the possession of up to 0.5 ounces (14.2 grams) of marijuana in 2016. The state repealed the law a year later and preempted local government authorities from enacting similar ordinances in the future.”

Sevier County Drug Crimes Law Firm

How do you help defendants accused of drug crimes in Sevierville?

Fortunately, you do have options if you are facing serious drug charges in Tennessee. The Sevierville-based drug crime attorneys of Delius, McKenzie & McCarter have successfully represented clients in both state and federal courts. We know how serious the consequences are when you are convicted of a drug crime, and we stop at nothing to have those charges dropped completely.

If that is not possible, we put our keen negotiation skills to work to have your charges reduced, or we can put our experience and skills to work for you in court to aim for an acquittal. We do not back down from a challenge, and we do whatever is within our power under the law to protect your future and uphold your rights.

We assert every available defense, including the following:

  • The drugs were obtained through an illegal search and seizure
  • You lacked criminal intent
  • The government can’t properly account for the drugs due to a breach in the chain of custody
  • The drugs weigh less than the government claims
  • You were not in possession of the drugs
  • The government can’t prove its case beyond a reasonable doubt
  • The government entrapped you

Am I eligible for a Tennessee drug court?

You may be eligible for a drug court program. The emphasis on using a drug court (called a recovery court) is to focus on treatment instead of incarceration. Generally, defendants plead guilty, but instead of a jail sentence, defendants must comply with specific drug monitoring, drug testing, and drug treatment conditions. The eligibility requirements tend to include reasons to believe you have an addiction, and there’s no criminal history of violence.

Do you have a Sevierville drug crime defense lawyer near me?

We speak with anyone arrested for a drug crime at our Sevierville office located at 124 Court Avenue. Our attorneys conduct in-custody consultations. We also review cases by phone and through online video.

We can review what defenses apply to your case and fight aggressively for your freedom.

Get help from our Sevierville drug crime lawyers now

Delius, McKenzie & McCarter has proudly represented clients in Sevierville, Gatlinburg, and Pigeon Forge, and throughout East Tennessee, in trials and in negotiations for 20 years. Our success speaks for itself. We promise to never stop fighting for you. To make an appointment with an accomplished drug defense attorney, please call us or fill out our contact form. Our team offers in-custody visits.