how much would a lawyer in tennessee charge to defend simple marijuana possession citation

What are the penalties for marijuana possession in Tennessee?

Nov 18, 2010 · The law defines Simple Possession in Tennessee as to knowingly possess or casually exchange a controlled substance. Generally, the critical question is whether you possessed the drug for personal use, or rather for re-sell. Simple Possession of any drug in Tennessee is a Class A Misdemeanor.

Is it legal to exchange marijuana in Tennessee?

Possession of marijuana for personal use in Tennessee is a misdemeanor punishable up to 11 months and 29 days. Personal use, or simple possession, is defined as possessing a half ounce (14.175 grams) or less. More than half an ounce, though, is a felony.

What is the penalty for drug paraphernalia in Tennessee?

Oct 04, 2019 · Possession of less than half an ounce of marijuana is charged as a misdemeanor in Tennessee, and you could be fined $250 if convicted. Anyone found with a larger amount of the plant will face felony charges, which come with much greater consequences.

Is marijuana a controlled substance in Tennessee?

If you’ve been arrested on a marijuana charge, get help beating a conviction by consulting with a Nashville marijuana possession lawyer at Raybin & Weissman, P.C. today. You can take advantage of your free case review with our Nashville drug possession attorneys by calling our office at 615-256-6666 or by filling out the quick contact form below.

How do you beat a simple possession charge in Tennessee?

Tennessee simple possession cases that were dismissed, retired, or otherwise received a verdict of not guilty may be easily expunged by filing paperwork with the court clerk. These cases may be cleared from your record without paying the standard fee.Nov 10, 2020

How much is a simple possession ticket in TN?

$2500The crime of simple possession sounds like a minor incident, but according to Tennessee Code 39-17-418, the offense is a misdemeanor. The punishment for a conviction ranges from no jail time to up to a year in jail. The fine for simple possession is $2500.Mar 26, 2021

What is the penalty for possession of drug paraphernalia in Tennessee?

Possession of drug paraphernalia is a Class A misdemeanor in Tennessee. If a defendant is convicted, the penalties may include a jail sentence of up to 11 months and 29 days, probation, a maximum fine of $2,500, and other costs.

Is marijuana a Schedule 1 drug in Tennessee?

Schedule VI - Tennessee labels marijuana as a Schedule VI drug, while some other states consider it to be Schedule I. This has changed significantly over the years as acceptance of marijuana has evolved. Schedule VII - This substance category only includes butyl nitrate.Nov 7, 2019

Is drug paraphernalia a felony in TN?

Drug paraphernalia charges can become a Class E felony when an individual is found to have these items with the intent to sell or deliver drugs. Fines for Class E felony drug paraphernalia charges vary, but those found guilty could face fines up to $50,000 and up to two years in prison.Jul 23, 2021

What is unlawful drug paraphernalia in Tennessee?

(1) Except when used or possessed with the intent to use by a person authorized by this part and title 53, chapter 11, parts 3 and 4 to dispense, prescribe, manufacture or possess a controlled substance, it is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, ...

What is unlawful paraphernalia?

The term “paraphernalia” under California's possession of drug paraphernalia law refers to a variety of items that are used for illegally injecting, smoking, or otherwise consuming controlled substances or narcotic drugs. 5.Jan 8, 2022

What does simple possession/casual exchange mean?

(a) It is an offense for a person to knowingly possess or casually exchange a controlled substance, unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of professional practice.

Is gabapentin a controlled substance in Tennessee?

Yes, Gabapentin is a Schedule V Controlled Substance in Tennessee and should be reported to the CSMD.Mar 15, 2022

Is gabapentin a controlled substance?

Official Answer. The anti-seizure medication gabapentin is not currently considered a narcotic or controlled substance by the federal government, but certain states have enacted legislation so that the medication is treated as one or monitored by the state's prescription drug monitoring program.Feb 2, 2021

What is simple possession in Tennessee?

Tennessee law defines simple possession or casual exchange as a criminal “ offense for a person to knowingly possess or casually exchange a controlled substance unless the substance was obtained…” via valid prescription.

What happens if you are in a lawsuit for weed?

If you’re in a lawsuit because you were injured, the attorney for the person who injured you will try to tell the jury about your weed citation. Juries tend to award less money to someone they think uses drugs.

Is marijuana a misdemeanor in Tennessee?

Marijuana citations are a Class A Misdemeanor and any conviction will carry mandatory fines and potential jail time. Below is a list of TN sentencing guidelines broken down by number of previous citation offenses. Before you read it, keep in mind that what you can get is almost never as bad as what you do get.

How long can you go to jail for weed?

The maximum jail time is 11 months and 29 days. Any amount of jail time under that maximum may be ordered by the court. Combination: Two or more resolutions may be combined with one another. Neither a misdemeanor citation nor felony arrest for weed charges has to result in conviction or any kind of tough penalty.

Where is the booking office in the building?

Once you are in the building, go down the hallway on the left side of the lobby, and you will find the booking office to be the first door on your right.

Should you give police permission to search your property?

Officers know what to say and what to look for, and so should you. The number-one recommendation is to never give the police consent to search your property or your person, even if you are not breaking any laws.

Can you be on probation for possession of marijuana?

If you are on probation, a citation for possession of marijuana will likely result in a Violation of Probation warrant being filed by your Probation Officer. The chances of being violated by your probation officer for possessing marijuana are higher outside the metro areas but, even in Nashville, it does happen.

How much is a marijuana charge in Tennessee?

Possession of less than half an ounce of marijuana is charged as a misdemeanor in Tennessee, and you could be fined $250 if convicted. Anyone found with a larger amount of the plant will face felony charges, which come with much greater consequences.

Can a TBI change the law?

The TBI can’t change the law, so police officers can still arrest and cite you for possession of marijuana, even if you only have a small amount with you. The new policy kicks in after your arrest: Because hemp is legal in Tennessee, the TBI’s refusal to test the substance will make it nearly impossible for prosecutors to build a drug possession case. Some judges have already dismissed cases where the state cannot back up drug charges with evidence. After this announcement, many more will likely follow suit—or prosecutors may decide it’s not worth it to press charges at all.

How much is a felony for possession of marijuana?

Having more than 700 pounds in your possession will result in a Class A felony charge.

What is marijuana possession?

Possession – This is where you were found to have marijuana either on your person or in your home, vehicle, or other property. Cultivation – Cultivation refers to the growth of marijuana plants. The number of plants in your possession will largely determine the consequences you’ll face if convicted.

How much marijuana can you get in jail?

For example, if you were found to be in possession of less than a half ounce of marijuana, you could be charged with a Class A misdemeanor, which is punishable by up to one year in jail and fines not to exceed $2,500. Alternatively, if you are found with anywhere between half an ounce to up to ten pounds of marijuana, ...

Is marijuana legal in Tennessee?

TN Marijuana Laws. As of the writing of this article, the state of Tennessee does not recognize the use or possession of marijuana as legal. This means that medicinal and recreational marijuana use are still crimes in TN, and individuals can face serious penalties if arrested on weed-related charges.

What to do if you are charged with a marijuana charge?

If you have been charged with a marijuana-related offense, consult an experienced criminal defense attorney. While the penalties and consequences of a marijuana charge are governed by statutory law, take note that the law can change at any time. Only a local criminal defense attorney can tell you how cases like yours tend to be handled by prosecutors and judges in your courthouse.

What is stamp tax?

A stamp tax is a tax imposed on certain types of transactions (such as the transfer of property ) that requires a stamp to be purchased and attached either to the item sold or to an instrument documenting the transaction (such as a deed). The federal government imposes stamp taxes on deeds, the issue and transfer of stocks and bonds, and on playing cards.

Is marijuana legal in Tennessee?

It is illegal in Tennessee to manufacture, sell, or use drug paraphernalia (or possess paraphernalia with the intent to do so). Paraphernalia includes items used in growing, harvesting, processing, selling, storing, or using marijuana. Penalties for possession include a fine of at least $150 and up to $2,500, up to one year in jail, or both. Selling paraphernalia may be punished with a fine of up to $3,000, between one and six years in prison, or both. (Tenn. Code Ann. §§ 39-17-402, 39-17-425, 39-17-428, 39-35-111 (2019).)

Is it illegal to sell marijuana in Tennessee?

It is illegal to cultivate or sell marijuana or hashish (or possess marijuana or hashish with the intent to do so) in Tennessee. Penalties vary according to the amount cultivated or sold, with increased penalties for sales to a minor or within a drug free school zone.

What is the penalty for simple possession in Tennessee?

A first-offense simple possession charge is a Class A Misdemeanor. If you are convicted, you can face the following: A sentence up to 11 months and 29 days in jail. Tennessee law dictates the mandatory minimum fines for simple possession convictions.

What are the penalties for possession of a gun?

A first-offense simple possession charge is a Class A Misdemeanor. If you are convicted, you can face the following: 1 A sentence up to 11 months and 29 days in jail 2 Probation 3 Fines 4 Court costs

How much is a second conviction?

Second conviction: $500. Third or subsequent conviction: $1,000 (enhanced as a felony) While simple possession of a scheduled controlled substance other than marijuana, which includes drugs such as cocaine, methamphetamine, heroin, unprescribed Hydrocodone, Oxycodone, Oxycotin, etc., includes: First conviction: $750.

What happens if you get a drug conviction?

If you are in the workforce, a simple drug possession conviction may also impact your ability to maintain employment or may result in a negative action to your professional license.

What is the chain of custody?

One potential problem with the many steps of identification is the “chain of custody,” a record that documents who received the sample, who tested the sample, and other information. If all times on the chain of custody are not accounted for, they may not be able to use the evidence against you.