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The state of Tennessee takes possession of certain drugs—and the compounds used to manufacture them—seriously. Known as controlled dangerous substances (CDS), their possession can result in misdemeanor or felony charges, depending on the circumstances. Naturally, having a limited amount of CDS for personal use is considered less serious than having a large amount for distribution to others. Regardless of what kind of charges are filed, though, it’s wise to consult an attorney if you’ve been accused of possession. In the meantime, here’s what you should know about the state’s laws. 

Controlled Substance Schedules 

Whereas federal law organizes CDS into five schedules, Tennessee uses seven. Schedule I substances are those that are considered the most dangerous, have the highest potential for abuse, and lack any acceptable medical uses. As such, their possession carries the most severe penalties. Schedule I drugs include heroin, MDMA, and LSD. Schedule VII substances, on the other hand, have a low potential for abuse. 

In Tennessee, the only substance that's classified as schedule VII is butyl nitrite, which can cause a high when inhaled as a fume. As for more common substances, marijuana is considered a schedule VI drug, while barbiturates and certain narcotics are considered schedule III. 

Penalties for Possession 

attorneyIn Tennessee, simple possession or casual exchange of a CDS is a class A misdemeanor for first and second offenders. As such, it carries a fine of up to $2,500 and a jail sentence of up to one year. Third and subsequent offenders will face class E felony charges, which carry a fine of up to $3,000 and a prison sentence of between one and six years. At the judge’s discretion, community service, rehabilitation, and/or substance abuse courses may be required. 

Drug-Free Zones

There are a few aggravating factors that can increase the potential penalties for drug possession in Tennessee. For example, possessing a CDS in a drug-free zone will yield an additional fine of $10,000. Drug-free zones include schools, libraries, parks, and other recreational areas. If your case includes any aggravating factors, it’s wise to call an attorney right away so you can start building a strong defense. 

 

If you've been accused of drug possession, a criminal defense attorney from Estep & Estep can help you determine how best to fight the charges. Based in Tazewell, TN, this firm was founded in 1953 and has been providing strategic guidance and exceptional service ever since. Regardless of the situation you find yourself in, their compassionate lawyers won't judge you. Instead, they’ll help you devise a practical way to secure the most favorable outcome possible. To talk to an attorney on their team, reach out online or call (423) 626-3525.

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