Tennessee Drug Charges Attorneys

Law enforcement pursues drug arrests aggressively. A drug conviction — misdemeanor or felony — can follow you long after any fine is paid or sentence is served. It can cost you your driver's license, your job, your housing, and, for a felony, your right to vote or own a firearm. But an arrest is not a conviction. The charge, the drug, the amount, and how the police got their evidence all matter, and each one can be challenged. The Law Offices of Thomas Maynard has defended people against drug charges in Wilson County and across Middle Tennessee since 2005.

Simple possession vs. possession with intent

The first question in most drug cases is what the State claims you did with the drug.

Simple possession or casual exchange** (Tenn. Code Ann. § 39-17-418) covers having a controlled substance for your own use, or passing a small amount to someone else without profit. For a first offense, it is a Class A misdemeanor — up to 11 months and 29 days in jail and a fine of up to $2,500. Tennessee also sets mandatory minimum fines for a first conviction: $250 for marijuana or hashish, $750 for other controlled substances. Two exceptions matter: simple possession of any amount of methamphetamine or fentanyl carries a mandatory minimum of 30 days in jail, served in full, and a third or subsequent conviction for simple possession of heroin is a Class E felony.

Manufacture, delivery, sale, or possession with intent** (Tenn. Code Ann. § 39-17-417) is a felony. The difference between the two charges is often decided by what the police found besides the drug — scales, baggies, large amounts of cash, or a large quantity. Tennessee law does not use "trafficking" as a separate charge; when people use that word, they usually mean one of the felony offenses in § 39-17-417.

How Tennessee classifies controlled substances

Tennessee sorts controlled substances into seven schedules (Tenn. Code Ann. §§ 39-17-403 through 39-17-416), based on danger and risk of addiction. The schedule, the amount, and the conduct alleged decide the charge and the penalty.

- Schedule I: heroin, LSD, psilocybin, MDMA — no accepted medical use, highest risk.

- Schedule II: cocaine, methamphetamine, fentanyl, oxycodone and certain other opioids.

- Schedule III: anabolic steroids, ketamine.

- Schedule IV: Xanax (alprazolam) and similar prescription drugs.

- Schedule V: medicines with small amounts of codeine and similar drugs.

- Schedule VI: marijuana and hashish.

- Schedule VII: butyl nitrite, commonly known as "poppers."

Marijuana is still illegal in Tennessee. It sits in Schedule VI, and possessing it without a prescription is a crime even in small amounts.

What the penalties look like

For manufacture, delivery, sale, or possession with intent under § 39-17-417, the felony class depends on the schedule and the amount:

- Schedule I: Class B felony — 8 to 30 years, fine up to $100,000.

- Cocaine, methamphetamine, or fentanyl, 0.5 grams or more: Class B felony — 8 to 30 years, fine up to $100,000.

- Other Schedule II drugs (including cocaine, methamphetamine, or fentanyl under 0.5 grams): Class C felony — 3 to 15 years, fine up to $100,000.

- Schedule III: Class D felony — 2 to 12 years, fine up to $50,000.

- Schedule IV: Class D felony — 2 to 12 years, fine up to $50,000. (Flunitrazepam is a Class C felony.)

- Schedule V: Class E felony — 1 to 6 years, fine up to $5,000.

- Schedule VI (marijuana, one-half ounce to 10 pounds): Class E felony, fine up to $5,000.

- Schedule VII: Class E felony, fine up to $1,000.

Very large amounts carry higher charges — up to a Class A felony with a fine up to $500,000. Selling or giving drugs to someone under 18 raises the offense one classification higher.

Drug-free zones and other enhancements

A felony drug offense committed on school grounds, or within 500 feet of a school, preschool, child care agency, public library, recreational center, or park, may be punished one classification higher under Tennessee's Drug-Free School Zone law (Tenn. Code Ann. § 39-17-432). Some older sources still cite 1,000 feet — that was the law before 2020. Prior convictions also raise the stakes, and a felony drug conviction can affect professional licenses, student aid, and public housing.

Searches, stops, and your rights

Drug cases often turn on how the police found the drugs, not just on what they found. Officers need a legal basis for the stop and the search. You do not have to consent to a search of your car or your home — you can calmly say, "I do not consent to a search." You do not have to answer questions about where you were going, what is in the car, or who the drugs belong to. Say clearly: "I am exercising my right to remain silent. I want a lawyer."

If the stop was unlawful, the search went beyond what the law allows, or the warrant was defective, the evidence may be kept out of court. That is often the strongest defense in a drug case.

What affects the outcome

No two drug cases are alike. The outcome turns on the substance and amount, your record, whether the State can prove intent rather than simple possession, and whether the evidence was lawfully obtained. Some first-time drug charges may qualify for judicial diversion, which can lead to dismissal after completing court-ordered conditions — ask us whether that may be available in your case. Do not plead guilty simply to leave jail faster: a guilty plea waives important rights, and a drug conviction stays on your record.

Frequently asked questions

Can the police search my car without a warrant?
Sometimes — for example, if you consent, or if they have probable cause and the car could be moved. But they still need a legal basis, and an unlawful search can be challenged. Never consent to a search you do not want.

Is marijuana legal in Tennessee?
No. Marijuana is a Schedule VI controlled substance in Tennessee. Simple possession is a Class A misdemeanor for a first offense, and larger amounts can be charged as a felony.

What is the difference between possession and possession with intent?
Simple possession means having a drug for your own use. Possession with intent means the State claims you meant to manufacture, deliver, or sell it — usually based on the amount, packaging, scales, or cash found with the drug. The first is generally a misdemeanor; the second is a felony.

Can a drug charge be dismissed or reduced?
It depends on the evidence — the stop, the search, the testing, and the amount. No lawyer can promise an outcome before reviewing the facts.

Talk to a Tennessee drug charges lawyer

If you have been arrested or charged with a drug crime in Tennessee, call the Law Offices of Thomas Maynard at (615) 784-4677 for a free consultation.

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