Franklin Drug Possession Attorney

What Does Possession Mean?

Possession means you were found smoking or otherwise consuming some type of controlled substance. It can also mean the drugs were found on your person, in your vehicle, your home, your business, or somewhere near you. Whether or not the substances in question actually belonged to you, you will need the services of a skilled attorney who knows how to investigate and strategize on your behalf.

What are the Penalties for Drug Possession in Tennessee?

Under Tennessee law, first-offense drug possession whether it is marijuana, heroin, or some other controlled substance, is charged as follows:

• Class A misdemeanor
• Penalties include up to a year in jail and fines of up to $2,500

Furthermore, if you are found with drug paraphernalia, you will face a separate charge for that offense, which is another Class A misdemeanor.

If convicted of methamphetamine or other amphetamine-related drug possession, you may be added to the Tennessee Drug Offender Registry which gives the public access to this information. Tennessee also requires that anyone convicted of a drug possession crime take a drug education course.

When is Drug Possession a Felony in Tennessee?

In Tennessee, drug possession is a felony if the amount of drugs involved meet certain thresholds. Depending on the type of controlled substance, this threshold may be as small as 0.5 grams of cocaine or one-tenth of a gram of heroin. Possession of larger amounts can result in more serious felony charges with more severe consequences. In cases where the quantity is more than simple possession and/or you have two previous marijuana convictions or one previous conviction of heroin, cocaine, or another hard drug, you will likely face a felony charge. 

Felony charges are punished by one to six years in prison and fines of up to $3,000. 

Can You Be Charged for Drug Possession If It Wasn't Yours?

Yes, it is possible to be charged with drug possession even if the drugs did not belong to you. This often happens in cases involving constructive possession, where the drugs are found in a place you control, such as your car or home. Even if you were unaware of the drugs or they belonged to someone else, you could still face charges if law enforcement believes you had knowledge of and control over the drugs.

Constructive possession relies on the idea that you may not physically have the drugs on you but still have access or control over them. For example, if drugs are discovered in your vehicle, the prosecution may argue that, as the driver or owner of the vehicle, you had control over everything inside. In these situations, the prosecution typically needs to prove that you were aware of the drugs and had the ability to control them.

However, there are defenses that can be used in such situations. One common defense is lack of knowledge. If it can be demonstrated that you genuinely had no knowledge of the presence of the drugs—for instance, if someone else placed them there without your awareness—this can weaken the prosecution’s case. Additionally, a defense attorney may challenge the legality of the search and seizure that led to the discovery of the drugs, potentially leading to the suppression of evidence if your rights were violated during the arrest.

Each case is unique, and whether charges can be dismissed or reduced will depend on the specifics of your situation, including the evidence and how well your attorney can challenge the prosecution's claims. Consulting with an experienced Franklin drug possession attorney can be crucial to protecting your rights and building a strong defense.

Let Larsen Law PLLC work for you – call us at (615) 933-2454 or contact us online to discuss your case with a Franklin drug possession defense attorney today.