What You Must Know Before Talking to Police About Marijuana Possession Charges in Tennessee

So you got busted with some weed in Tennessee. Don’t panic! Lots of folks find themselves in this situation. The most important thing is to educate yourself on your rights and the laws in TN so you can protect yourself. This article will give you the 411 on marijuana laws in Tennessee, what to do if the cops question you, potential penalties, and defense strategies. Let’s break it down:

Marijuana is Illegal in Tennessee

I hate to break it to ya, but marijuana possession is against the law in the Volunteer State. Tennessee has some of the strictest marijuana laws in the U.S. [1] Weed is classified as a Schedule VI controlled substance, meaning it has no accepted medical use and a high potential for abuse (according to the law, at least).

Possession of any amount of marijuana is a misdemeanor crime. Getting caught with a half ounce or less is considered “casual exchange” and can land you up to 1 year in jail and fines up to $2,500. More than a half ounce bumps distribution charges, which can trigger 5-15 years behind bars and fines up to $5,000! [2]

Tennessee also prohibits marijuana cultivation and sales. Growing weed – even just a few plants – is a felony with 1-6 years imprisonment. Selling marijuana can get you 3-15 years locked up. [3]

The bottom line: marijuana is straight-up illegal in the state of Tennessee. Don’t let the changing laws across the U.S. fool ya – possession will land you in the slammer in TN.

What To Do If Cops Question You

So you got pulled over and see those blue lights flashing behind you. The officer suspects you’re holding and starts asking questions. What do you do?

First things first: stay calm and be polite, but DO NOT answer questions without a lawyer present! You have the right to remain silent under the 5th Amendment. Anything you say can be used against you, so keep your mouth shut until your attorney arrives. [4]

Cops may try to get you talking by saying it’ll “go easier” if you cooperate. That’s BS! Don’t fall for it. Ask to speak to your lawyer and then zip it. If they persist, simply say “I’m exercising my right to remain silent until I have a lawyer.”[5]

Never consent to a search of your vehicle or person. Make the cops get a warrant if they want to search you. Be aware that cops can “pat down” your outer clothing if they suspect you’re armed. Don’t physically resist, just make it clear you don’t consent to any further search.

Simply put: invoke your right to silence and a lawyer. That’s the best way to avoid self-incrimination. Don’t talk yourself into deeper trouble!

Potential Penalties for Marijuana Possession

Like we said earlier, marijuana possession penalties in Tennessee range from fines to years in prison:

• Less than 1/2 ounce (“casual exchange”) – misdemeanor, up to 1 year jail, max $2,500 fine[2]
• 1/2 ounce to 10 pounds – felony, 1-6 years prison, fines up to $5,000[3]
• 10-70 pounds – felony, 2-12 years prison, fines up to $50,000
• 70-300 pounds – felony, 3-15 years prison, fines up to $200,000
• Over 300 pounds – felony, 15-60 years prison, fines up to $500,000[3]

As you can see, the penalties climb steeply based on the amount you’re busted with. Even a half ounce can land you in jail for a year. Getting caught with pounds of pot can lead to decades behind bars.

Penalties also escalate if you have prior drug convictions. A repeat offender faces double jail time and fines. [6] Having weed in a school zone adds 2 years to any sentence.

Bottom line: marijuana possession is serious business in TN. The penalties are harsh, especially for larger amounts. Having a skilled lawyer is crucial to avoid maximum sentences.

Possible Defenses for Marijuana Charges

If you’re facing marijuana charges, all hope is not lost. Here are some possible defenses to fight the allegations:

• Illegal search – If the cops searched you, your car, or home illegally, any evidence found may be inadmissible. An experienced lawyer can argue to suppress illegally obtained evidence. [4]
• No marijuana – The substance found on you may not actually be marijuana. Faulty field tests happen. Demand lab results to be sure.
• Not my marijuana – If passengers were in your car or others had access to your home, argue the marijuana belongs to them, not you.
• Medical necessity – In rare cases, marijuana use may be medically necessary for conditions like cancer or epilepsy. A doctor’s testimony can help prove this defense. [5]
• False positives – You may have tested positive for marijuana due to second-hand smoke, CBD use, or other factors. Your lawyer can challenge inaccurate drug test results.

Don’t lose hope! With an experienced marijuana defense lawyer, you may be able to get charges reduced or dismissed.

Finding the Right Marijuana Defense Lawyer

If you’re facing marijuana charges in Tennessee, the most important thing you can do is hire a criminal defense lawyer experienced in cannabis cases. The stakes are high, so you need an aggressive advocate in your corner.

When choosing a marijuana defense lawyer, look for these traits:

• Knowledge of TN laws – Your lawyer should have an in-depth understanding of Tennessee’s marijuana and drug laws in order to mount the best defense.
• Trial experience – If your case may go to trial, your lawyer should have litigation experience fighting marijuana charges in court.
• Negotiation skills – Even if your case doesn’t go to trial, you want a lawyer who can negotiate firmly with prosecutors to get charges reduced or dismissed.
• Resources – Your lawyer should have access to resources like private investigators, forensic experts, and marijuana policy groups.
• Responsiveness – Look for a lawyer who is readily available via phone, email, and in-person meetings to discuss your case.

Don’t take chances – consult with an experienced marijuana defense attorney as soon as possible after being arrested. The sooner you start building your defense, the better.

What’s Next for Marijuana Laws in Tennessee

While marijuana remains illegal in Tennessee for now, there are some signs that laws could change down the road:

• CBD legalized – Tennessee legalized hemp-derived CBD oil in 2015 for limited medical use. This could eventually open the door for medical marijuana legalization.
• Reduced penalties – Some Tennessee jurisdictions, like Nashville, have reduced penalties for minor marijuana possession to a $50 fine. More areas may follow suit.
• Decriminalization – Neighboring states like Virginia and North Carolina have decriminalized marijuana possession to some degree. Tennessee could decriminalize small amounts.
• Legalization – Over 30 states have now fully legalized medical and/or recreational marijuana. Advocates are pushing for legalization in Tennessee as well.

While major changes may take time, limited medical use and decriminalization could come to Tennessee in the next few years. Contact an experienced marijuana lawyer to stay up-to-date on the latest TN cannabis laws and defend your rights.

Let’s Recap: Key Points

• Marijuana possession is illegal in Tennessee, with harsh penalties
• Never talk to police without your lawyer if questioned about marijuana
• Skilled marijuana defense lawyers can help get charges reduced or dismissed
• Know your rights and the TN laws to give yourself the best chance
• Marijuana law changes may come to Tennessee down the road

I hope this guide gave you a good overview of marijuana laws and defense strategies for Tennessee. The key is staying calm, invoking your rights, and contacting an experienced marijuana lawyer immediately for help fighting the charges. Don’t panic, and don’t go it alone – knowledgeable legal help can make all the difference. Stay strong and keep hope alive – this too shall pass!

References:

[1] https://nashvillelegaldefense.com/criminal-attorney/tn-marijuana-citation-law-legal-guide-simple-possession-casual-exchange-weed-charges-nashville-davidson-county/

[2] https://www.injury-lawyer-tn.com/blog/2019/october/is-marijuana-possession-still-a-misdemeanor-in-t/

[3] https://www.nashvilletnlaw.com/criminal-defense/drug-crime-defense/tennessee-marijuana-laws/

[4] https://stegall-law.com/tennessee-marijuana-possession-penalties/