Drug Crime

Tennessee classifies drugs into seven schedules, each reflecting their potential for abuse and accepted medical use:

• Schedule I: High potential for abuse, no accepted medical use. Examples: heroin, mushrooms, mescaline, peyote, LSD, MDMA (ecstasy), and fentanyl derivatives/analogues.
  Statute: T.C.A. § 39-17-406 and T.C.A. § 39-17-405
  
  
• Schedule II: High potential for abuse, accepted medical use with severe restrictions, and abuse of the drugs may lead to severe psychological or physical dependance. Examples: cocaine, amphetamine, codeine, morphine, methamphetamine, hydrocodone, raw or powdered opium, and oxycodone.
  Statute: T.C.A. § 39-17-408 and T.C.A. § 39-17-407
  
  
• Schedule III: Potential for abuse less than Schedule I and II drugs, accepted medical use, and may lead to moderate or low physical or psychological dependance. Examples: ketamine, anabolic steroids, GHB, and certain medications with codeine.
  Statute: T.C.A. § 39-17-410 and T.C.A. § 39-17-409
  
  
• Schedule IV: Low potential for abuse relative to Schedule III drugs, accepted medical use, and abuse of the substance may lead to limited physical or psychological dependance relative to Schedule III drugs. Examples: Klonopin, and benzodiazepines like Valium and Xanax.
  Statutes: T.C.A. § 39-17-412 and T.C.A. § 39-17-411
  
  
• Schedule V: Low potential for abuse relative to Schedule IV drugs, accepted medical use, and limited physical or psychological dependance relative to Schedule IV drugs. Examples: cough preparations with less than 200 milligrams of codeine per 100 milliliters.
  Statutes: T.C.A. § 39-17-414 and T.C.A. § 39-17-413
  
  
• Schedule VI (T.C.A. § 39-17-415) includes marijuana, tetrahydrocannabinols, and synthetic equivalents of these substances and Schedule VII (T.C.A. § 39-17-416) includes only Butyl nitrite. 

Under T.C.A. § 39-17-417 and 39-17-418, it is a criminal offense to knowingly:

• Possess a controlled substance; 
• Exchange a controlled substance with another person;
• Manufacture a controlled substance;
• Deliver a controlled substance; 
• Sell a controlled substance; or
• Possess a controlled substance with the intent to manufacture, deliver, or sell it.
  
  

The first two are typically classified as misdemeanors while the latter four are felonies. It is also a crime to possess drug paraphernalia (T.C.A. § 39-17-425) which can include items such as pipes/bongs, syringes, razor blades and scales, etc. 

Under Tennessee Code Annotated § 39-17-418, offenses related to the simple possession or casual exchange of controlled substances are categorized and penalized based on specific criteria. Here’s a breakdown of the potential punishments:

1. Class A Misdemeanor

Generally, a violation of T.C.A. § 39-17-418 is classified as a Class A misdemeanor. This includes:

• Simple Possession: Knowingly possessing or casually exchanging a controlled substance, unless obtained via a valid prescription.
• Distribution of Small Amounts: Distributing up to one-half ounce (14.175 grams) of marijuana.
• Penalties for a Class A Misdemeanor include:
  • Up to 11 months and 29 days in jail.
  • Fines up to $2,500.

2. Special Considerations for Methamphetamine

If the violation involves methamphetamine, the punishment includes:

• Mandatory Confinement: A minimum of 30 days in jail, with the individual required to serve the full 30-day term.
• Drug or Recovery Court: Individuals may participate in a certified drug or recovery court program and receive credit toward the 30-day minimum, provided they meet certain conditions.

3. Enhanced Penalties

• Casual Exchange to Minors: If an adult who is at least two years older than the minor distributes a controlled substance to someone known to be underage, the offense is treated as a felony under T.C.A. § 39-17-417.
• Repeat Offenders: A Class E felony applies if an individual has two or more prior convictions under this section and the current offense involves heroin.

4. Additional Requirements

• Drug Offender School: Convictions for possession may also require attending a drug offender school or performing community service at a rehabilitation center. Fees for such programs can be imposed, although they may be waived for those unable to pay.
• Tianeptine: Possession of tianeptine or its derivatives is specifically classified as a Class A misdemeanor.

The severity of the punishment Under T.C.A. § 39-17-417 varies based on the type and amount of substances involved, as well as any additional factors such as the involvement of minors or the use of weapons. Here’s a breakdown of the penalties you may face:

1. Schedule I Controlled Substances

• Class B Felony: For offenses involving substances classified as Schedule I, such as heroin or LSD. Convictions can result in imprisonment for 8 to 30 years and a fine up to $100,000.

2. Schedule II Controlled Substances

• Class B Felony: If the quantity involved is 0.5 grams or more of substances like cocaine or methamphetamine. Penalties include 8 to 30 years of imprisonment and a fine up to $100,000.
• Class C Felony: For amounts less than 0.5 grams, with imprisonment ranging from 3 to 15 years and fines up to $100,000. If a deadly weapon was used or if the offense resulted in death or injury, the charge can escalate to a Class B Felony.

3. Schedule III Controlled Substances

• Class D Felony: For offenses involving substances like anabolic steroids. Penalties include 2 to 12 years in prison and a fine up to $50,000.

4. Schedule IV Controlled Substances

• Class C Felony: For substances like flunitrazepam, with potential imprisonment of 3 to 15 years and fines up to $100,000.
• Class D Felony: For other Schedule IV substances, such as certain sedatives, with 2 to 12 years of imprisonment and fines up to $50,000.

5. Schedule V Controlled Substances

• Class E Felony: For substances such as certain cough preparations, punishable by 1 to 6 years of imprisonment and fines up to $5,000.

6. Schedule VI Controlled Substances (e.g., Marijuana)

• Class E Felony: For 0.5 ounce to 10 pounds of marijuana, with 1 to 6 years in prison and fines up to $5,000.
• Class D Felony: For 10 pounds to 70 pounds of marijuana, or 2 pounds to 4 pounds of hashish, with 2 to 12 years of imprisonment and fines up to $50,000.
• Class C Felony: For amounts greater than these thresholds, with 3 to 15 years in prison and fines up to $100,000.

7. Aggravated Charges

• Class A Felony: For large quantities, such as 150 grams or more of heroin or 300 grams or more of cocaine. Penalties include 15 to 60 years of imprisonment and fines up to $500,000.
• Enhanced Penalties: If the recipient of the controlled substance is under 18 or if the offense involves fentanyl and results in death, the punishment can be increased by one classification.

8. Habitual Drug Offender Penalties

• Individuals with three or more prior Class A or B felony convictions may face enhanced sentencing, including a higher range of punishment and fines up to $200,000.

9. Special Provisions

• Methamphetamine: Mandatory minimum confinement of 180 days, with the possibility of participating in drug court for sentence credit.
• Drug Offender Registry: Under 39-17-436, you may be required to register with the drug offender registry if you are convicted of a qualifying offense. 
• Drug Free Zones: If you were found to have committed your drug crime in what is considered a drug free zone (i.e., near a school, daycare, etc.), then your charge may be enhanced to a higher level offense thus subjecting you to more severe penalties. 

Several defenses may be available depending on your case:

• Illegal Search and Seizure: Evidence obtained through unlawful means may be excluded.
  Statute: T.C.A. § 40-7-103
• Lack of Knowledge: Demonstrating that you were unaware of the drug’s presence or nature.
• Mistake of Fact: Arguing that you believed the substance was legal or not a controlled substance.
• Entrapment: If law enforcement induced you to commit a crime you otherwise wouldn’t have.