Drug charges are no light matter, and the penalties could range from the misdemeanor level to the felony level for possession or distribution. However, Attorney Amanda J. Gentry is a passionate and experienced fighter who has defended clients in over 30 courtrooms across the state of Tennessee. She delivers real talk and real results, and she is intimately and personally familiar with the criminal justice system in Tennessee. She will provide honest, to-the-point legal guidance and won’t hold back as she defends you against the prosecution.
Like many states, Tennessee classifies illegal controlled substances (CDS) into 7 different schedules, where Schedule I contains the most dangerous drugs with no recognized medical value. Some common examples of drugs in their respective schedules are:
- Schedule I – heroin, LSD, mushrooms
- Schedule II – cocaine, morphine, opium
- Schedule III – anabolic steroids, ketamine
- Schedule IV – Xanax, Valium
- Schedule V – medicines with certain amounts of codeine and opium
- Schedule VI – marijuana, THC
- Schedule VII – butyl nitrite
Penalties for Possession
The penalties for possession in Tennessee will depend on a variety of factors, including the schedule of the drug in question and the defendant’s criminal history.
- first and second convictions for possession are Class A misdemeanors with up to 1 year in jail and up to $2,500 in fines.
- Third and subsequent convictions will be Class E felonies carrying up to $3,000 in fines and 1-6 years in prison. Offenders will also be required to attend a drug offender school and possibly perform community service.
Note that if certain behavior is committed within 1,000 feet of drug-free zones (school, library, park, recreational area), the defendant could also be fined an additional $10,000, according to Tenn. Code Ann. §39-17-432.
Penalties for Sale
The manufacturing or selling of CDS (or possessing CDS with the intent do these things) is also seriously punished, depending on the schedule of the drug:
- Schedule I CDS and 0.5 grams or more of cocaine or methamphetamine – Class B felony punishable by up to $100,000 in fines and 8-30 years in prison
- Schedule II CDS and 0.5 grams or less of cocaine or methamphetamine or any amount of flunitrazepam – Class C felony punishable by a fine of up to $100,000 and 3-15 years in prison
- Schedule III and IV CDS – Class D felony punishable by up to $50,000 in fines and 2-12 years in prison
- Schedule V CDS – Class E felony punishable by a fine of up to $5,000 and 1-6 years in prison
- Schedule VII CDS – Class E felony punishable by a fine of up to $1,000 and 1-6 years in prison
It is also either a Class A felony or a Class B felony to make or sell (or conspire to make or sell) specified amounts of the following substances, with Class A offenses punishable by up to $500,000 in fines and 15-60 years in prison and Class B offenses punishable by a fine of up to $200,000 and 8-30 years in prison:
- pentazocine or tripelennamine;
- barbituric acid;
- amphetamine or methamphetamine;
The cultivation or sale of marijuana has its own specific penalties, depending on the amount:
- 0.5 ounces to 10 lbs. of marijuana – Class E felony with $2,000-$5,000 in fines and 1-6 years in prison
- 10-70 lbs. of marijuana or 10-19 plants – Class D felony punishable by $2,000-$50,000 in fines and 2-12 years in prison
- 20-99 plants – Class C felony punishable by $2,000-$100,000 in fines and 3-15 years in prison
- 70-300 lbs. of marijuana or 100-499 plants – Class B felony punishable by $2,000-$200,000 in fines and 8-30 years in prison
- 300 lbs. or more of marijuana or 500 or more plants – Class A felony punishable by $2,000-$500,000 in fines and 15-60 years in prison
Questions? Call (615) 235-5096 Today.
If you have been accused of drug possession, manufacturing, or sale, reach out to an experienced defense attorney immediately. Drug charges can be quite serious, especially if the charges against you involve large amounts for cultivation, for instance. You could be facing years behind bars and thousands in fines, but with the help of an attorney you might have a chance at fighting this. Attorney Amanda J. Gentry can help you argue for reduced or even dismissed charges, if appropriate, and protect you rights within the criminal justice system prosecuting your drug charges.
“She looked at the facts, not the typical stereotype they just assume of guilt cause of color and that in itself speaks volumes and was truly refreshing.”
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