Drug Possession

DRUG POSSESSION

DRUG POSSESSION DEFENSE LAWYERS IN CHATTANOOGA

Drug Possession — Chattanooga, TN — Houston & Alexander, PLLC

Defending against a state or federal prosecution for drug possession requires hiring lawyers with a combination of experience, fearlessness, and an acute understanding of the law and its nuances.


The criminal drug defense attorneys at Houston & Alexander possess this unique combination of skills to serve the interests of our clients with dignity, savvy, and compassion.

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How Tennessee Classifies Controlled Dangerous Substances (CDS)

Tennessee classifies controlled dangerous substances (CDS) into seven categories that encompass both the dangerous drugs themselves and their component chemicals.

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  • Schedule I

    Schedule I drugs are the most dangerous and have a high risk of addiction or dependency and no legitimate medical use:


    • LSD (blotter acid), heroin, ecstasy (MDMA, “Molly”) mescaline, and psychedelic mushrooms (psilocybin)
  • Schedule II

    Schedule II substances still have a high risk of abuse, but may have some legitimate medical uses:


    • opium, cocaine, methadone, methamphetamines, and amphetamines
  • Schedule III

    Schedule III drugs are slightly less dangerous than Schedule II substances, but still have a moderate risk of abuse:


    • anabolic steroids, testosterone, ketamine, and some depressants
  • Schedule IV

    Schedule IV drugs have a lesser risk of dependency and have legitimate medical uses:


    • clonazepam, tranquilizers, and sedatives.
  • Schedule V

    Schedule V substances have a very low risk of dependency:


    • Tylenol with Codeine.
  • Schedule VI

    Schedule VI includes marijuana which is thought to have a very low risk of physical dependency

  • Schedule VII

    Schedule VII includes only Butyl Nitrate also called “poppers”.

Penalties for Possessing Controlled Dangerous Substances (CDS)

Conviction for possession of CDS can result in layers of punishment: possible jail or prison time, probation or parole, fines and penalties, forfeiture, and mandatory drug education programs.


The actual penalties depend on the quantity and the category of drugs seized.


Possessing enough quantity to show an intent to sell increases the charges and penalties in Tennessee. The harshest penalties are imposed for possessing large quantities of CDS, Schedule I drugs, but even possessing large quantities of lower schedule drugs like marijuana, can result in maximum penalties:15-60 years in prison and fines of up to $500,000.


Repeat offenders are more severely treated during the penalty phase of criminal prosecution than first time offenders.


Any criminal prosecution clearly disrupts your liberty, ability to make a living, and negatively impacts your family.



Even probation and mandatory drug education enrollment for lesser possession charges have consequences that will affect your livelihood and family cohesion.

That’s why you need to retain experienced and effective criminal defense lawyers as soon as possible once you are alerted to being the target of an investigation or charged with criminal possession of a controlled dangerous substance.

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Drug Free Zones

To maintain the safety of the state’s children, Tennessee has established drug free zones, areas on or without 1,000 feet of a school, library, park, or recreational area.



Conviction for possession or sale of CDS in a drug free zone carries with it an additional $10,000 fine.

Simple Possession or Casual Exchange

Tennessee law makes possession of even small amounts of CDS a crime. A casual exchange of a prescription drug is also a crime in Tennessee. A small quantity of illegal drugs, without any indication of intent to sell, might result in a misdemeanor.


However, even a misdemeanor charge has lasting consequences.


First, it means a permanent criminal record that follows you for the rest of your life.


Second, there are fines and penalties, and perhaps even jail time to endure.



And finally, there is the cost of defense unless you qualify for free legal representation. Even a charge of simple possession or casual exchange requires effective assistance of counsel to ensure that your rights are fully observed and the prosecution acts according to constitutional restraints.

Possession of drug paraphernalia

Even ordinary household objects can be evidence of drug paraphernalia if contaminated by illegal controlled substances.


An ordinary pipe used to smoke marijuana or crack cocaine, a kitchen spoon used to cook heroin or opioids, or even a credit card used to cut coke into lines can be evidence of illegal possession of drug paraphernalia.


Possession of drug paraphernalia is a misdemeanor with a possible jail sentence of just under a year and fines up to $2,500.



With penalties like this, you need to hire the best and most effective criminal defense attorneys in Tennessee.

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Federal Resources

Looking for a drug possession defense lawyer in Chattanooga, TN?

If you’ve been charged with a drug possession charge, it is in your best interest to consult with an experienced attorney immediately.


Call (423) 267-6715 or request a free case evaluation today.

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Felony Drug Charges, Including Intent to Sell, in Tennessee

Felony drug charges bring with them the threat of prison, parole supervision for years after release, fines, and a permanent record that will follow you forever.

The impact of a conviction on you and your family can be overwhelming with lasting effects.


Retaining criminal defense lawyers immediately upon investigation or indictment is necessary to preserve your rights and ensure fairness.

The prosecutor determines whether a case will be charged as a misdemeanor or felony based on several factors:


  • the type of CDS, whether a Schedule I or lesser Schedule;
  • the quantity of controlled substances seized;
  • intent to sell; and
  • to whom the drugs were sold. Sales to minors and sales in drug free zones carry enhanced penalties in the form of increased fines.


Defending felony drug charges, especially ones that include intent to sell, requires experienced counsel who know the police, the prosecutors, the local investigators, and the judges in order to assess the severity of the charges and the likelihood of conviction.


Successful defenses to felony drug charges are based on raising “reasonable doubt” to the elements of the crime by undermining the credibility of witness testimony, questioning how evidence was gathered and secured, exposing unconstitutional and unlawful police conduct, and by creating a counter narrative to the story told by the prosecution.



How a defense is put together, and especially whether a defendant will take the stand, are judgment calls that require seasoned lawyers with extensive experience in the Tennessee state and federal courts.

Charged with a misdemeanor or drug possession: Call Houston & Alexander, PLLC

A charge of drug possession can lead to a federal investigation and even a state-investigated crime can have serious repercussions.


Book a free consultation with an experienced drug possession attorney at Houston & Alexander, PLLC. We will protect your rights and freedoms and reduce the impact on your future. Contact us today at (423) 267-6715 for a free consultation.

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