Simple Drug Possession2019-01-03T12:34:27+00:00

Drug Possession Attorney in Knoxville

It is not uncommon for a person to receive a citation for simple possession or possession of drug paraphernalia. This normally happens during a traffic stop or an officer observes you using an illegal drug. Tennessee has placed different drugs in different classifications ranging from Schedule I to Schedule VII. The lower the classification the more serious the possession of that drug can be.

Misdemeanor possession charges

Misdemeanors are punishable by up to eleven months and twenty-nine days in jail or probation and a fine.

Tenn. Code Ann. § 39-17-418 says:

(a)  It is an offense for a person to knowingly possess or casually exchange a controlled substance, unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of professional practice.

(b)  It is an offense for a person to distribute a small amount of marijuana not in excess of one-half (1/2) ounce (14.175 grams).

Simple possession is not limited to marijuana. It is possible to be charged with simple possession for opioids, meth, heroine, cocaine, and other controlled substances.

Tenn. Code Ann. § 39-17-425 says:

It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance or controlled substance analogue in violation of this part.

This leads to an interesting questions as to what is drug paraphernalia? It is entirely possible you could be in possession of something that police believe to be drug paraphernalia and you never knew it could be used for that.

An officer will use his training and experience to determine if an item is drug paraphernalia. The officer will ask you what the item is used for; look for residue of a controlled substances; look for directions on the item to determine its use.

Fortunately simple possession is a misdemeanor charge, but it still carries potential life long consequences. A conviction for simple possession or possession of drug paraphernalia can effect your ability to receive financial aid, apply for jobs, and effect your ability to enlist in the military.

Even though Knox County, Blount County, Sevier County, Loudon County, and Anderson County vigorously prosecute misdemeanor drug offenses, it does not mean you are guilty just because you are charged. You may have been illegally searched, you may have a prescription, the substance may not be what the officer believes it is.

Additionally, it is possible to resolve cases in a manner that does not result in a conviction. This is accomplished through thorough investigation of your case and diligent negotiation with the prosecuting attorney.

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