Drug Crimes

In Tennessee, a drug related conviction can have long term consequences for you and your family. Controlled substances are classified or scheduled based on several factors including, the risk to public health, actual, relative potential for abuse, and scientific evidence. Controlled substances include marijuana, cocaine, heroin and certain prescription drugs. The nature of the offense determines whether it will be charged as a misdemeanor or felony. Drug sells, trafficking and manufacturing are classified as felonies and, in some cases, carry mandatory prison time. Simply possessing the drugs for personal use is generally punishable up to eleven (11) months and twenty nine (29) days. Possession can be actual or constructive.

Schedule I - These substances have a high potential for abuse and no accepted medical use in treatment in the United States. Examples: Heroin, Morphine, LSD, MDMA, Quaaludes, etc.

Schedule II - These substances have a high potential for abuse, restricted use for medical treatment and may lead to severe mental or physical dependence. Examples: Cocaine, Meth, Ritalin, PCP, Opium poppies, etc.

Schedule III - These substances have a potential for abuse, accepted medical use in treatment and may lead to low physical dependence or high mental dependence. Examples: Hydrocodone, Anabolic Steroids, Ketamine (Ketalar), etc.

Schedule IV - These substances have a low potential for abuse, accepted medical use in treatment and may lead to limited mental and physical dependence. Example: Klonopin (Clonazepam), Butorphanol, Difenoxin, etc.

Schedule V - These substances have a low potential for abuse, accepted medical use in treatment and has limited mental and physical dependence liability relative to Schedule IV substances. Examples: Lacosamide (Vimpat) & Pregabaline (Lyrica)

Schedule VI - Substances that should not be listed in Schedules I-V. Examples: Marijuana, THC, and Synthetic Equivalents.

Schedule VII - Butyl nitrite

1. The defendant knowingly possessed or casually exchanged a controlled substance
2. The identity and schedule classification of the controlled substance

1. Up to 11 months and 29 days in jail
2. Fines up to $5,000, court costs and probation fees
3. Mandatory drug treatment
4. 3rd simple possession conviction involving heroin is charged as an E felony
5. Eviction from government subsidized housing
6. Limits employment opportunities

1. The defendant knowingly possessed a scheduled controlled substance
2. The defendant intended to sell or deliver the controlled substance

1. More than 1 year in prison (depends on your criminal history)
2. Excessive fines, court costs and probation fees
3. Mandatory drug treatment
4. Eviction from government subsidized housing
5. Limits employment opportunities
6. Lose rights to own a firearm and vote

1. The defendant manufactured, delivered or sold a scheduled controlled substance
2. The defendant acted knowingly

1. More than 1 year in prison (depends on criminal convictions)
2. Excessive, probation fees and court costs
3. Mandatory drug treatment
4. Eviction from government subsidized housing
5. Limits employment opportunities
6. Lose rights to own a firearm and vote

A person who has direct physical control over an item at any given time is then in actual possession. Example: Officers stop John for a traffic violation. John was taken into custody on several outstanding warrants. Officers search him after his arrest and discover 5 grams of marijuana in his pocket.

A person who, although not in actual possession, knowingly has both the power and intention at any given time to exercise dominion and control over an item, either directly or through other, is then in constructive possession. Mere presence in the area where drugs are found is not sufficient proof of constructive possession. Also, mere association with a person in control of the drugs or property is not sufficient proof of constructive possession.

Example: April lives alone at 123 Spring Street. While she is at work, officers execute a search warrant at her address and discover 50 grams of cocaine in a locked suitcase located in her bedroom. April has keys to both the house and suitcase.

• Attack the traffic stop. Officers must have reasonable suspicion that you have committed or about to commit a crime before they can infringe on your freedom.
• Attack the search of your person, car or home. The police must have probable cause to believe contraband or evidence will be found in a specific location before they can search the location. The law does not permit prosecutors and law enforcement to benefit from an illegal search.
• Argue that you did not possess the drugs. Constructive possession can be very difficult for prosecutors to prove.
• Argue that the drugs were not for resale. If there is no indicia of resale (money, plastic baggies, scales, cell phones) or a large quantity of drugs, then it will be tough for the prosecution to establish that the drugs seized were for resale.

As a prosecutor, Nashville drug defense attorney Byron Pugh handled hundreds of misdemeanor and felony drug cases. This experience will give those accused of selling or possessing controlled substances a strategic advantage when crafting a defense. Nashville marijuana defense lawyer Byron Pugh represents clients across Middle Tennessee, including but not limited to Nashville, Franklin, Brentwood, Spring Hill, Murfreesboro, Gallatin, Clarksville, Columbia, Davidson County, Sumner County, Rutherford County and Williamson County. Contact Byron Pugh Legal at (615) 255-9595 or (615) 957-9178 (after hours and weekends) or online to setup a free consultation.