Drug Crimes

Drug-related charges are not easy cases to handle, as many factors can influence the weight of your charge, such as the amount of drugs in question and your prior convictions. The legal team at Huffman Mason, PLLC is committed to creating aggressive and innovative defense strategies for our clients. Do not hesitate to contact us today for legal representation to fight your drug crime charge.

If you've been caught in possession of drugs in Tennessee, you could face a number of charges depending on the amount and type of drugs, your criminal history, and the type of action involving the drug. Possible penalties include:

• Forfeiture of property
• Suspension of driver's license
• Jail and/or prison time
• Fines
• Probation
• Community service

Further, note that a felony conviction can carry additional consequences, such as loss of voting and firearm privileges, large fines, and exclusion from certain places of employment.

At Huffman Mason, PLLC we have experience handling all types of crimes including:

• Drug Possession
• Drug Sales
• Drug Trafficking & Manufacturing

Simple possession is the lowest drug offense in Tennessee and is charged as a misdemeanor. The charge will be considered a misdemeanor for a first-time offender, regardless of the drug involved. Simple possession is punishable by up to 1 year in jail and fines of up to $2,500. If you possess half an ounce or more or are a second-time offender, you can be charged with a felony, which carries a potential sentence of 1 to 6 years in jail and fines of up to $3,000.

Intent to sell is a more severe drug offense and is considered a felony offense in Tennessee, as it is a step up from mere possession into potential drug trafficking. If a law enforcement officer determines that the amount of drugs found in your possession is greater than what would be used for recreational use, then they can charge you with possession with intent.

The mandatory minimum penalties include jail time, and you will likely face fines and probation. The minimum prison sentence for a manufacturing conviction is one year, regardless of whether the drugs were manufactured for sale or personal use.

In Tennessee, marijuana is currently only legal for medical use with a prescription from a licensed healthcare provider. However, in July 2021, Tennessee Governor Bill Lee signed a bill that reduces the penalties for possession of small amounts of marijuana and also expunges past marijuana-related convictions. This new law applies to possessing up to one ounce of marijuana. The penalties for possessing small amounts of marijuana have been reduced from criminal misdemeanors to civil penalties. Possession of one ounce or less will now be punishable by a fine of $50 for the first offense, $100 for the second offense, and $250 for the third and subsequent offenses. However, it is essential to note that the sale, distribution, and cultivation of marijuana remain illegal in Tennessee, and these activities can result in serious criminal charges. Additionally, marijuana possession and use are still considered federal crimes, and it is essential to consult an attorney familiar with both state and federal laws regarding marijuana. If you are facing charges related to marijuana, contact our Tipton County drug crimes lawyer to understand your rights and potential defenses!

Defending against drug crime charges often involves a variety of strategies, depending on the specifics of the case, the type of drug involved, and the circumstances surrounding the arrest. Common defenses include:

• Unlawful Search and Seizure: The Fourth Amendment protects individuals from unreasonable searches and seizures. If the police conducted a search without a valid warrant, probable cause, or exceeded the scope of a warrant, any evidence obtained might be inadmissible in court. This can lead to the dismissal of the charges if the evidence is crucial to the prosecution's case.
• Lack of Possession: To secure a conviction for possession of illegal drugs, the prosecution must prove that the defendant knowingly possessed the drugs. If the drugs were found in a shared space or if someone else had access to the area where the drugs were discovered, it might be argued that the defendant did not have actual or constructive possession.
• Chain of Custody Issues: Proper documentation and handling of evidence are crucial in drug cases. If there is a break or inconsistency in the chain of custody, it can raise doubts about the integrity of the evidence. This could result in the evidence being excluded from the trial.
• Entrapment: Entrapment occurs when law enforcement officials induce a person to commit a crime they would not have otherwise committed. If the defense can show that the defendant was coerced or persuaded by the police to engage in illegal activity, this might be a viable defense.
• Lack of Intent or Knowledge: In many drug crime cases, the prosecution must prove that the defendant knowingly and intentionally possessed or distributed the drugs. If the defendant can demonstrate that they were unaware of the presence of drugs or did not intend to engage in illegal activity, it can be a strong defense.
• Medical Necessity: In jurisdictions where medical marijuana or other controlled substances are legal for medical use, a defendant might argue that their possession or use of the drug was for legitimate medical purposes. This defense typically requires substantial evidence, such as a prescription or medical recommendation.
• Duress or Coercion: If the defendant can show that they committed the alleged drug crime under duress or coercion, meaning they were forced to do so under threat of harm, this can serve as a defense. This defense often requires convincing evidence of the threats and the absence of reasonable alternatives.

Each defense strategy must be tailored to the specifics of the case, and it is often beneficial to consult with an experienced criminal defense attorney who can assess the situation and develop the most effective defense plan.