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If You've Been Charged With Drug Possession...

A drug charge in Tennessee isn’t just a slap on the wrist. It can carry jail time, steep fines, and a criminal record that may haunt you for years. Whether you were caught with a small amount of marijuana or accused of possessing drugs with intent to sell, you need serious legal protection—fast. At Harvey Criminal Defense Lawyers, we’re ready to fight for your future.

Arrested for Drug Possession in Memphis?

Why Choose Harvey Criminal Defense Lawyers?

We understand what you’re up against. Memphis prosecutors treat drug cases seriously. So do we. Our attorneys bring years of criminal defense experience, a deep understanding of Tennessee drug laws, and a reputation for challenging illegal searches and weak evidence.

  • Experienced in felony and misdemeanor drug defense
  • Familiar with Shelby County courts, prosecutors, and judges
  • Hands-on investigation of arrest procedures and lab results
  • Strategic negotiation for reduced charges or diversion
  • Individual attention to each case

We’ve helped countless clients get charges dismissed, reduced, or diverted. Let us help you take back control.

Shelby County Criminal Court
  • Address: 201 Poplar Avenue, Memphis, TN 38103
  • Phone: (901) 222-3200
  • Hours: Monday – Friday, 8:00 AM – 4:30 PM
Shelby County General Sessions Criminal Court
  • Address: 201 Poplar Avenue, Suite LL-81, Memphis, TN 38103
  • Phone: (901) 222-3500
  • Hours: Monday – Friday, 8:00 AM – 4:30 PM

What Is Considered Drug Possession in Tennessee?

Tennessee law (TN Code § 39-17-417 and -418) makes it illegal to knowingly possess or casually exchange a controlled substance unless it’s prescribed. Drug possession may be charged as a misdemeanor or a felony, depending on the type and quantity of drug involved, your criminal history, and whether police believe there was intent to distribute.

Controlled Substance Schedules in Tennessee

Drugs are classified into seven schedules based on risk:

  • Schedule I: Heroin, LSD, MDMA
  • Schedule II: Cocaine, meth, oxycodone, hydrocodone
  • Schedule III: Anabolic steroids, ketamine
  • Schedule IV: Valium, Xanax
  • Schedule V: Low-dose codeine medications
  • Schedule VI: Marijuana, THC products
  • Schedule VII: Butyl nitrite (“poppers”)

Possession of any of these without a valid prescription can lead to prosecution.

Penalties for Drug Possession in Memphis

Simple Possession (First Offense)

  • Class A misdemeanor
  • Up to 11 months and 29 days in jail
  • Up to $2,500 in fines

Second or Subsequent Offense

  • Often charged as a Class E felony
  • 1 to 6 years in prison
  • Up to $3,000 in fines

Possession with Intent to Sell or Distribute

Based on the amount, packaging, and other evidence (scales, baggies, cash, etc.), this charge can range from:

  • Class E to Class A felony
  • 1 to 60 years in prison
  • Fines up to $500,000

Penalty Enhancers

Certain circumstances raise the stakes:

  • Drug offenses near schools or parks
  • Possession while armed
  • Past convictions
  • Involvement of minors

Tennessee Sentencing by Drug Type & Amount

Class A Felony

  • 150g+ heroin, fentanyl, or morphine
  • 300g+ meth or cocaine
  • 300+ lbs of marijuana
  • 15 to 60 years in prison
  • Up to $500,000 in fines

Class B Felony

  • 15g+ heroin, 26g+ cocaine, 70–300 lbs marijuana
  • 8 to 30 years in prison
  • Up to $200,000 in fines

Class C Felony

  • <0.5g meth/cocaine, 20–99 marijuana plants
  • 3 to 15 years in prison
  • Up to $100,000 in fines

Class D & E Felonies

  • Schedule III to V drugs
  • 1 to 12 years in prison
  • Fines up to $50,000

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Defending a Drug Possession Charge

You are not guilty just because you were charged. At Harvey Criminal Defense Lawyers, we examine every angle:

  • Illegal search and seizure – Did police violate your rights?
  • Unreliable lab results – Was the substance tested and documented correctly?
  • Lack of knowledge – Did you even know the drugs were there?
  • Constructive possession – Can they prove you had control over the drugs?
  • Intent to distribute – Were the quantities or circumstances misinterpreted?

Our goal is to dismantle the case against you, piece by piece.

First-Time Offender Options

If this is your first arrest for a non-violent drug offense, you may qualify for alternatives that keep a conviction off your record:

  • Judicial Diversion: Probation and treatment followed by dismissal and possible expungement
  • Pretrial Diversion: Avoids formal conviction and court proceedings altogether
  • Drug Court: Supervised recovery program focused on treatment, not punishment
  • Alternative Resolutions: Conditions imposed by the prosecutor to be completed in exchange for a reduction or dismissal of the charges

We help you determine the best strategy to minimize harm and preserve your future.

Consequences of a Drug Conviction

Even beyond jail time and fines, a conviction for drug possession can:

  • Prevent you from getting jobs or professional licenses
  • Limit access to housing and education
  • Bar you from federal student aid
  • Result in immigration consequences if you are not a U.S. citizen
  • Lead to driver’s license suspension

That’s why we take every case seriously and fight for outcomes that protect what matters most.

Areas served

  • Memphis
  • Covington
  • Henderson
  • Germantown
  • Somerville
  • Collierville
  • Brownsville
  • Bartlett
  • 38103
  • 38104
  • 38105
  • 38106
  • 38107
  • 38108
  • 38109
  • 38111
  • 38112
  • 38114
  • 38115
  • 38116
  • 38117
  • 38118
  • 38119
  • 38120
  • 38122
  • 38125
  • 38126
  • 38127
  • 38128
  • 38131
  • 38132
  • 38133
  • 38134
  • 38135

What to Do If You’ve Been Arrested

  • Don’t talk to police – Exercise your right to remain silent
  • Don’t consent to searches – Without a warrant, you can say no
  • Call a lawyer immediately – The sooner we get involved, the better

We’ll guide you through every step, from arraignment to case resolution.

Talk to a Memphis Drug Possession Lawyer Today

Whether you were arrested for simple marijuana possession or facing a felony involving pills, powders, or paraphernalia, Harvey Criminal Defense Lawyers is ready to fight back. We know how to challenge bad arrests, negotiate with prosecutors, and build a defense that gives you the best possible chance.

Contact us now to see if we can accept your case. Don’t wait until it’s too late.

Frequently Asked Questions

Is drug possession a felony in Tennessee?

Not always. Simple possession is typically charged as a Class A misdemeanor for a first offense. However, repeat offenses or possession of certain substances in higher quantities can result in felony charges under Tennessee Code § 39-17-417.

 

Can I get my drug possession charge dismissed?

Yes—especially if it’s your first offense. We may be able to challenge the legality of the stop, suppress evidence, or get you into a diversion program that results in dismissal and expungement.

 

What’s the difference between possession and possession with intent?

Possession with intent is usually based on the amount of drugs found, how they’re packaged, or whether tools like scales or large amounts of cash are present. This charge carries much harsher penalties and is often a felony.

 

Do I need a lawyer if it’s just marijuana?

Absolutely. Marijuana is still illegal in Tennessee and can result in jail time, fines, and a criminal record. In fact, the Tennessee Bureau of Investigation updated their THC testing in 2024, and the Tennessee legislature tightened the definition of illegal marijuana in 2025. Tennessee prosecutors continue to seek felony convictions and prison sentences for some marijuana offenses. An experienced defense lawyer can often get charges reduced or dismissed, especially for first-time offenders.

Can police search my car without a warrant if they suspect drugs?

In some cases, yes. If police claim to have probable cause—such as the smell of marijuana or visible contraband—they can search your vehicle without a warrant. But we regularly challenge unlawful searches in court and fight to get the evidence thrown out.

CRIMINAL ATTORNEY NEAR MEMPHIS, TN

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MEMPHIS CRIMINAL DEFENSE

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The prosecutors are already building their case against you. Every day you wait is another day they get stronger.

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