In Tennessee, a charge of possession with intent to distribute isn’t treated like a minor drug offense. It’s a felony—one that can send you to prison for years, saddle you with a permanent criminal record, and leave you branded as a drug dealer for life. But one thing is clear: Being charged does not mean you’re guilty. We help people accused of serious drug crimes fight back.
Under Tennessee Code § 39-17-417, it’s a crime to:
Unlike simple possession, prosecutors don’t have to catch you in the act of selling drugs. If they think you intended to distribute based on certain facts, that’s enough for a felony charge.
Intent to distribute isn’t always clear-cut, which means law enforcement often relies on circumstantial evidence. Common factors they use to try to prove “intent” include:
The reality? Many people are overcharged with intent based solely on the amount or presence of cash. But context matters—and our firm fights back against these shortcuts.
Tennessee’s drug laws cover controlled substances listed in Schedules I–VII. Some of the most common drugs involved in Memphis intent to distribute charges include:
Intent to distribute charges can also apply to synthetic drugs, drug analogs, and certain over-the-counter chemicals when used improperly.
Penalties vary based on the type and quantity of the drug, and whether there were aggravating factors like weapons, prior offenses, or proximity to schools or parks.
| Drug Type | Quantity | Felony Class | Prison Range | Max Fine |
|---|---|---|---|---|
| Cocaine / Meth / Fentanyl | ≥ 0.5 grams | Class B | 8–30 years (Range II) | Up to $100,000 |
| Cocaine / Meth / Fentanyl | < 0.5 grams (w/ weapon) | Class B | 8–30 years | Up to $100,000 |
| Marijuana | ≥ 0.5 oz (14.175g) | Class E | 1–6 years | Up to $5,000 |
| Schedule III (Steroids, etc.) | Any amount | Class D | 2–12 years | Up to $50,000 |
| Schedule IV (Xanax, Valium) | Any amount | Class D/E | 1–12 years | Up to $50,000 |
For repeat offenders, Tennessee law increases the sentencing range—especially for those with prior felony drug convictions. Prosecutors can also pursue habitual drug offender status, adding years of mandatory prison time.
Even if the drug amount is small, other circumstances can enhance the charge or penalties:
At Harvey Criminal Defense Lawyers, we don’t look at what you’re accused of—we look at what the state can actually prove. Common defenses in Memphis intent to distribute cases include:
Was your car or home searched without a warrant? Did police stop and search you without probable cause? If so, any drugs or evidence they found may be suppressed under the Fourth Amendment.
Just because you had a certain quantity doesn’t mean you intended to sell. We often challenge assumptions based on the amount or how it was packaged—especially in personal use situations.
Were you in a car or apartment with other people? Prosecutors must prove constructive possession—that you had both knowledge of the drugs and control over them.
Many cases include text messages or social media. But these can be misinterpreted or taken out of context, especially without proper authentication.
When your freedom is on the line, you need more than a lawyer who dabbles in criminal law. You need a focused criminal defense team that treats your case like the most important one in the building—because to you, it is.
At Harvey Criminal Defense Lawyers, we offer:
We’ve handled everything from minor possession cases to complex trafficking conspiracies involving wiretaps and federal agents. We don’t scare easy. And we don’t back down when the evidence is weak.
If you’ve been charged with possession with intent to distribute:
A drug felony conviction can derail your job, housing, immigration status, and future. But we’re here to fight for your freedom, your reputation, and your right to move forward.
Contact Harvey Criminal Defense Lawyers now to schedule your confidential consultation. The sooner we get involved, the more opportunities we have to protect you.
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.
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.
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.
Absolutely. Even marijuana possession is still illegal in Tennessee and can result in jail time, fines, and a criminal record. An experienced defense lawyer can often get charges reduced or dismissed, especially for first-time offenders.
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.
The prosecutors are already building their case against you. Every day you wait is another day they get stronger.
But you don’t have to face this alone.
