Drug charges are serious business in Tennessee. One question that was asked of me recently is what happens if I am charged with possession of methamphetamine in Tennessee. Possession of methamphetamine (meth) can be a felony. Meth is a Schedule II drug. Possession of any amount of a Schedule II drug may result in a felony drug conviction. It is a Class B felony with a full range of punishment of 8 to 30 years in prison depending on your criminal record.
What makes possession of meth a felony? Mere possession of meth is not sufficient to sustain a felony charge but it can be a misdemeanor simple possession charge. Possession of meth becomes a felony under Tennessee Code Annotated 39-17-417. The State of Tennessee must prove one element of the following;
- One knowingly manufactured a controlled substance.
- One knowingly delivered a controlled substance.
- One sold a controlled substance.
- One possessed a controlled substance with the intent to manufacturer, deliver, or sell the controlled substance.
The last prong is the tricky one. How do you determine intent to sell meth? There are several ways to prove that element;
- The weight of the drug. The more of the drug you possess could prove that you might be selling drugs.
- Having drug processing equipment can be a factor. Did you have digital scales?
- How was the meth packaged? One big bag versus a lot of little baggies.
- Records of drug transactions. Like journals or texts from your cell phone.
Weight alone may not enough to convict one of a drug trafficking charge in Tennessee. Now if you got a couple of ounces or pounds of meth may be a different situation.
Whatever the circumstances of the case, people arrested for a methamphetamine crime need to remember one important fact: there are defenses to every criminal charge. Perhaps the police employed illegal search-and-seizure techniques when they found the drugs. Perhaps they violated your rights in another way.
It is the mission of a criminal defense attorney to protect the rights of his clients - and to work hard to get the best possible outcome.
If you have have been arrested for a meth crime, I will fight tirelessly for your rights and freedom. Contact us by calling (615) 265-6383 to schedule a free consultation and strategy session.