Can Drug Charges Be Dismissed in Tennessee?

Being charged with a drug crime in Tennessee doesn’t mean you’re automatically headed to jail or stuck with a conviction.

Drug charges can be dismissed—and they are dismissed—when the evidence is weak, the police made mistakes, or your constitutional rights were violated.

But dismissals don’t happen by accident. They happen when an experienced criminal defense attorney knows what to look for, how to challenge the State’s case, and when to push back hard.

At Harvey Criminal Defense Lawyers, we’ve successfully fought for dismissals, reduced charges, and favorable outcomes for clients facing drug charges throughout Shelby County and West Tennessee.

Here’s what you need to know about how drug charges can be dismissed, what defenses might apply to your case, and what to do if you’re facing drug charges in Memphis.

What Are the Most Common Drug Charges in Tennessee?

Tennessee drug charges fall into several categories, each with different penalties and legal standards:

Simple Possession (TCA § 39-17-418)

Possession of a controlled substance for personal use. This is usually a Class A misdemeanor but can escalate to a felony for repeat offenders or certain substances.

Possession with Intent to Sell, Manufacture, or Deliver (TCA § 39-17-417)

Possessing drugs with the intent to distribute them. This is typically a felony with mandatory minimum sentences, depending on the type and amount of drug.

Manufacturing

Making or producing drugs (like operating a meth lab). This is a felony with severe penalties and potential restitution for cleanup costs.

Trafficking

Possessing large quantities of drugs (enough to trigger trafficking weight thresholds). This is a felony with long mandatory minimum sentences.

Paraphernalia Possession (TCA § 39-17-425)

Possessing drug-related equipment like pipes, needles, scales, or baggies. This is usually a misdemeanor.

The specific charge you’re facing will affect what defenses are available and how likely a dismissal is.

What Are the Most Common Reasons Drug Charges Get Dismissed?

There are many ways a drug charge can be dismissed in Tennessee. Here are the most common:

1. Illegal Search and Seizure

The Fourth Amendment protects you from unreasonable searches and seizures. If police violated your constitutional rights, any evidence they found may be inadmissible in court.

This is one of the most powerful defenses in drug cases—and one of the most common reasons charges get dismissed.

Police must have either:

• Probable cause to search you, your car, or your home
• Your consent to search
• A valid search warrant
• A recognized exception to the warrant requirement (like plain view, search incident to arrest, or exigent circumstances)

If they didn’t have any of these, the evidence gets thrown out—and without evidence, the State has no case.

Examples of Illegal Searches:

• Police pulled you over for no reason and searched your car
• Officers searched your home without a warrant and no emergency
• Police searched your belongings after you clearly refused consent
• A search warrant was based on false or misleading information

If we can prove the search was illegal, we file a motion to suppress evidence. If the judge grants it, the drugs can’t be used at trial—and prosecutors often dismiss the case.

2. Lack of Possession

To convict you of a drug charge, the State must prove you knowingly possessed the drugs.

If the drugs were found in a shared space (like a car with multiple passengers, a house with roommates, or a common area), the State has to prove you knew the drugs were there and had control over them.

Examples:

• You borrowed a friend’s car, and police found drugs in the glove box
• You live in a house with three other people, and drugs were found in a common area
• You were a passenger in a car, and drugs were found under the driver’s seat

If the State can’t prove the drugs were yours, the charge should be dismissed.

3. Lack of Knowledge

Even if the drugs were in your possession, the State must prove you knew what they were.

If you had no idea the drugs were there, or if you thought they were something else, that’s a defense.

Example:

You picked up a package for a friend, not knowing it contained drugs.

4. Crime Lab Errors

Just because police say they found drugs doesn’t mean they did.

The substance has to be tested by a certified crime lab to confirm it’s actually an illegal drug. If the crime lab makes an error—or if there are problems with the chain of custody (the documentation showing who handled the evidence and when)—the evidence may be unreliable or inadmissible.

We’ve seen cases where:

• The substance tested wasn’t actually a controlled substance
• The crime lab lost or contaminated the sample
• The chain of custody was broken, raising questions about whether the evidence was tampered with

If the State can’t prove the substance is what they say it is, the charge should be dismissed.

5. Entrapment

If law enforcement or a confidential informant induced you to commit a crime you wouldn’t have otherwise committed, that’s entrapment—and it’s a defense.

Entrapment is different from simply giving you an opportunity to commit a crime. The key question is: would you have done it if the police hadn’t pushed you into it?

Example:

An undercover officer repeatedly pressured you to buy drugs, even after you said no multiple times.

6. Lack of Intent to Sell

If you’re charged with possession with intent to sell, the State has to prove you intended to distribute the drugs—not just possess them.

Prosecutors often rely on circumstantial evidence to prove intent, like:

• Large quantities of drugs
• Scales, baggies, or other packaging materials
• Large amounts of cash
• Text messages or phone records suggesting drug sales

But if the amount was small and there’s no other evidence of intent to sell, we can argue it was for personal use only—and potentially get the charge reduced to simple possession or dismissed entirely.

7. Procedural Errors

Sometimes charges get dismissed not because the evidence is weak, but because the State or law enforcement made procedural mistakes:

• Failing to file charges within the statute of limitations
• Failing to properly preserve evidence
• Violating your right to a speedy trial
• Failing to provide discovery (evidence) to the defense

If prosecutors can’t follow the rules, the case can be dismissed.

Can You Get Drug Charges Dismissed Through Diversion Programs?

Tennessee offers several pretrial diversion programs that allow eligible defendants to complete probation and have their charges dismissed—and eventually expunged.

Judicial Diversion (TCA § 40-35-313)

Judicial diversion is available for certain first-time offenders. If you successfully complete probation, the charge is dismissed and can later be expunged from your record.

However, not all drug charges are eligible for judicial diversion. Charges involving large amounts of drugs, prior felony convictions, or certain aggravating factors may be excluded.

Pretrial Diversion (TCA § 40-15-105)

Pretrial diversion is similar, but it happens earlier in the process—before you’re formally convicted. If you complete the program successfully, the charge is dismissed.

Drug Court

Tennessee also has drug courts—specialized court programs for defendants with substance abuse issues. If you’re accepted into drug court and complete the program, your charge may be dismissed or reduced.

Drug court typically requires:

• Regular drug testing
• Treatment and counseling
• Court appearances
• Compliance with strict probationary conditions

It’s not easy, but it can be a path to avoiding a conviction.

What Should You Do If You’re Facing Drug Charges in Memphis?

If you’ve been charged with a drug offense in Shelby County, here’s what you need to do right now:

1. Do Not Talk to Police

You have the right to remain silent. Use it. Anything you say can and will be used against you—even if you think you’re helping yourself.

Politely tell officers: “I want to speak with my attorney. I’m not answering questions.”

2. Do Not Consent to Searches

If police ask to search your car, home, or belongings, you have the right to refuse. Let them get a warrant if they want to search.

Saying no doesn’t make you look guilty—it protects your constitutional rights.

3. Preserve Evidence

If you have texts, photos, receipts, or witness statements that support your side of the story, preserve them now. Evidence can disappear quickly.

4. Hire an Experienced Drug Crime Defense Attorney

The earlier we get involved, the more we can do to help. We can:

• Review the circumstances of your arrest
• Challenge illegal searches or procedural errors
• Negotiate with prosecutors for reduced charges or diversion
• Build a strong defense strategy tailored to your case

Drug charges don’t always lead to convictions. But you need an attorney who knows how to fight—and win.

Facing Drug Charges in Memphis? Let’s Talk.

At Harvey Criminal Defense Lawyers, we’ve successfully defended clients against all types of drug charges—from simple possession to trafficking.

We know how to challenge illegal searches, fight for dismissals, and negotiate alternatives to incarceration. And we know how to protect your future when the stakes are high.

Call us today for a confidential consultation.