What Is Considered To Be Possession, Sale, And Intent To Distribute Unlawful Drugs?
Possession of small amounts of a controlled substance is referred to as Simple Possession. Simple Possession is a Class A misdemeanor. This offense can be punished with up to 11 months and 29 days in jail and fines of up to $2,500.These charges typically are used in cases involving the possession of small amounts of a controlled substance, a personal amount. Possession of larger amounts can lead to more serious charges, such as possession with intent to sell which is a felony. Sale, manufacture and delivery of a controlled substance, along with possession with intent to sell, are felonies in Tennessee. The penalty varies based on the type of drug and the amount.
Can Police Execute A Warrantless Search Of A Vehicle Or Premises If They Suspect A Drug Offense?
The nature of a vehicle, because it’s not a stable place and a person can just move it from one place to another before the police can get a warrant to search it, means that the police can search your vehicle based solely upon probable cause. Suspicion is not enough; they must have probable cause that drugs are in the vehicle. Your home is a different story. The police cannot search your home without having a warrant that has been signed by a judge or magistrate upon a finding of probable cause. Under no circumstances should you ever consent to a search of either. Consenting to a search of your home or vehicle relieves the police of the constitutional requirements designed to protect you.
Could I Also Receive A Drug-Related Charge If I Am A Passenger In A Vehicle Where Drugs Are Found?
You can certainly be charged if controlled substances are found in a vehicle you are a passenger in. It is not uncommon for everyone in the vehicle to be charged for any and all controlled substances found.
What Are The Penalties For Drug Convictions In Tennessee?
Drug offenses in Tennessee range from A misdemeanor to A felonies. Simple possession drug laws in Tennessee start out as misdemeanors. Class A misdemeanors carry up to 11 months and 29 days in jail. When you get into manufacture, resale, or delivery of drugs, charges can go all the way up to a Class A felony depending on the type and amount.
For more information on Drug Charges In The State Of Tennessee, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (615) 546-0048 today.
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