Marijuana Crimes

Tennessee is known for its tough drug laws, and many prosecutors will pursue offenders to the full extent of the law. If you have been arrested for a marijuana crime, you should confront the charges against you with the assistance of legal counsel. Nashville marijuana crime lawyer Bernie McEvoy can protect the rights of people charged with these offenses in Davidson and Williamson Counties. With over 25 years of defense experience, he has the skill and knowledge to handle cases involving drug possession as well as trafficking and more serious felonies.

Marijuana is illegal in Tennessee. If police find marijuana on your person or in a place within your control, such as your car, locker, or home, you may be charged with possession of marijuana. Simple possession is a Class A misdemeanor. If convicted, a defendant faces the possibility of a jail sentence and a maximum fine of $2,500. In some cases, a first-time offender may be able to avoid some of the penalties for a simple possession charge by completing a court-supervised drug treatment program or through the use of alternative sentencing avenues. Repeat marijuana possession offenses are punishable with increasingly severe penalties, but they remain misdemeanor crimes under recent Tennessee legislation. If other charges arise out of an arrest for simple possession of marijuana, such as a DUI for driving under the influence of marijuana, the defendant may be subject to additional penalties.

Possession of half an ounce of marijuana or more may be charged as a felony for intent to sell. A judge or jury may infer that the defendant intended to sell or distribute marijuana from the amount of marijuana involved, the presence of scales or bags, other physical evidence at the scene, and the surrounding circumstances. However, a marijuana crime attorney often can help Nashville residents cast doubt on the prosecution’s version of events and suggest alternative explanations. Although the prosecution must still prove that the defendant intended to sell the marijuana, the offense may be charged without any sale taking place. Possession of half an ounce to 10 pounds of marijuana with intent to sell is a Class E felony, punishable by a jail sentence ranging from one to six years, a maximum fine of $5,000, and possibly other penalties. The class of felony increases for larger quantities of marijuana and consequently carries progressively greater penalties. In addition, sentencing decisions may be affected by the defendant’s criminal history and by certain circumstances surrounding the offense, such as the involvement of children or any injuries to other people.

The sale, delivery, or cultivation of marijuana may also result in felony charges. In Tennessee, selling or delivering marijuana is a felony offense if it involves half an ounce of marijuana or more, or if it involves cultivating 10 or more marijuana plants. It is important to note that federal law may apply as well, particularly in cases involving large quantities of marijuana, drug trafficking, distribution over state lines, or other circumstances. A Nashville marijuana crime attorney can help construct a comprehensive defense that takes the nuances of your situation into account.

A marijuana charge may be resolved in various ways, depending on the nature and details of the case. For example, many of them result in plea agreements rather than trials. A plea agreement is a deal reached by the defense and the prosecution, in which the defendant enters a guilty plea on a reduced charge or a lower recommended sentence. Your defense attorney can advise you about what to expect during plea bargaining, as well as other options that may be available to resolve the charges against you. Defenses such as lack of intent or knowledge, police misconduct, mistaken identity, lack of evidence, or exonerating evidence may be available depending on the facts of the case.

Nashville lawyer Bernie McEvoy can provide unwavering representation to people seeking assistance after an arrest based on a drug crime involving marijuana, cocaine, heroin, or other controlled substances. He has advocated for residents of Nashville, Franklin, and other areas of Davidson and Williamson Counties. To learn more about your legal options, schedule a free consultation with the Law Office of Bernie McEvoy. Contact us through our website or at (615) 255-9595, or at (615) 804-8779 after hours.