What Is The Penalty For Drug Possession In Tennessee?
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 fine. 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 particular type of drug and the amount involved.
Will I Just Receive A Citation And Avoid Arrest If I Am Caught With A Small Amount of Marijuana?
In the state of Tennessee, you can be given a citation for possession of marijuana in lieu of arrest. It’s up to the officer’s discretion. If you are given a citation, you will be given a date and a time to be booked. When you come down to the Sheriff’s Department, they will take your fingerprints and they will take your booking photo. You will go through the normal booking process that someone goes through after they have been arrested. Once you complete the booking process, you will be given a court date.
Are There Any Alternative Programs Available For First Time Drug Offenders In Tennessee?
Yes. It is possible, as a first-time offender, that you can do things to avoid having drug offenses end up on your permanent record. We have diversion possibilities, in Tennessee, including both pretrial diversion and judicial diversion. Under these forms of diversion a defendant may have their charges expunged and removed from their permanent record after completing probation successfully. Most of the programs for drug offenders in Tennessee are jurisdictional. Each county and each Sheriff’s Department will offer addiction programs to assist defendants in need. Some offer more extensive programs than others. Many counties have drug courts designed specifically to help people with addiction problems.
Can Drug Possession Charges Ever Be Dropped In Tennessee?
Drug possession charges may be dropped for several reasons. It is not uncommon for a person to complete some form of drug addiction treatment and then come back and have the charges dropped. They could also be dropped because the state of Tennessee has problems with its evidence for example, the drugs were obtained by the police through an illegal search or the arresting officer is no longer with the department and unable to testify.
Can I Go To Jail For Simple Drug Possession in Tennessee?
Simple possession is an A misdemeanor in the state of Tennessee. It carries a maximum punishment of 11 months and 29 days in jail. Whether a person serves those 11 months and 29 days in jail or has their sentence suspended will depend upon several factors; most importantly, their criminal record. A person who has a very extensive criminal record could easily end up being sentenced to 11 months and 29 days in jail whereas a person who is a first time offender may end up having his entire sentence suspended and then expunged upon his completion of probation.
What Is A Simple Possession Charge Under Tennessee State Law?
Simple possession is possessing an amount of a drug that the state has determined is for personal use. The amounts of each drug vary as to what they have classified as a personal amount versus a resell amount. All simple possession charges are A misdemeanors, punishable by up to 11 months and 29 days in jail.
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