Durak Law Firm is where hard work and preparation meet for your success. Attorney Michal Durakiewicz seeks to provide clients with a compassionate and effective defense against their criminal charges to protect their rights to a future. In fact, he has handled more than 500 criminal cases throughout his career, fighting relentlessly for his clients’ defenses.
When you are facing charges as serious as drug-related offenses, you will benefit from experienced and professional legal representation to argue for reduced charges, if possible. Attorney Durakiewicz can handle your drug crimes case and guide you through your defense options.
Get in touch with our Franklin drug crime defense attorney today for your free consultation.
Possession Of Controlled Substances And Marijuana
There are various types of drug-related offenses an individual may be charged with in Tennessee, depending on the nature of the alleged crime:
- Simple possession
- Possession with intent to sell
- Sale of a controlled substance
- Drug trafficking
- Drug manufacturing
Simple possession is charged as a misdemeanor, but all other violations are felonies. More specifically, a person can face felony sentencing for knowingly:
- Manufacturing a controlled substance
- Delivering a controlled substance
- Selling a controlled substance
- Possessing a controlled substance with intent to manufacture, deliver, or sell the controlled substance
Drug Schedules Defined
Note that the severity of a drug-related offense will heavily depend on the amount and type of drug allegedly in possession. Tennessee divides controlled substances (CDS) into 7 “schedules,” where Schedule I lists the most dangerous drugs with a high probability of abuse and no recognized medical value, and those up to Schedule V decrease in probability of abuse and increase in recognized medical use.
Schedule VI includes marijuana and cannabis extracts, and Schedule VII addresses Butyl nitrite and its isomers, more commonly known as poppers. So, be aware that while some states have legalized recreational or medicinal use of marijuana, any type of cannabis use in Tennessee remains illegal.
Penalties And Sentencing
The penalties and sentencing for a drug charge will be based on a number of factors, such as the type of drug involved and any prior convictions.
Offenses involving Schedule I (heroin, psychedelics), and Schedule II (opiates/opioids, cocaine, methamphetamines) substances could result in the following, in addition to specified fines:
- 1st offense (purchase or possession) – incarceration for 2-15 years
- 2nd offense (purchase or possession) – incarceration for 5-30 years
- 1st offense (sale or intent to distribute) – incarceration for 5-30 years
- 2nd offense (sale or intent to distribute) – incarceration from 10-40 years or life
Offenses involving Schedule III (anabolic steroids), IV (Xanax, Valium) and V (Tylenol with Codeine) substances could lead to the following, as well as additional fines:
- 1st offense (purchase or possession) – incarceration for 1-5 years
- 2nd offense (purchase or possession) – incarceration for 1-10 years
- 1st offense (sale or intent to distribute) – incarceration for 1-10 years
If third and subsequent possession offenses involving CDS were committed in a drug-free zone (areas on or within 1,000 feet of a school, library, park, or recreational area), the defendant will also be fined an additional $10,000. Most offenders will further be required to attend a drug offender school and/or perform community service work at a drug or alcohol rehabilitation or treatment center.
For marijuana possession, first and second convictions will likely be charged as Class A misdemeanors punishable by up to $2,500 in fines and/or up to 1 year in jail.
Seek An Experienced And Effective Drug Defense Attorney
If you have been charged with a drug crime in Franklin, whether for marijuana possession or drug manufacturing, contact Durak Law Firm immediately for legal support. An effective and experienced legal professional can better help you navigate the consequences of a criminal charge as serious as a drug offense, and Attorney Michal Durakiewicz will do his best to strategize a compelling defense against your charges.