Since the “War on Drugs” began in the U.S. decades ago, states have consistently passed harsher laws and increased penalties for violating those laws. Tennessee is no exception to this general rule. Among the most severe penalties in Tennessee are those related to the distribution of controlled substances. Whether you are accused of selling, delivering, or manufacturing drugs, a conviction can result in harsh penalties, including a lengthy prison sentence, relinquishment of numerous rights, substantial fines, and a criminal record that will follow you forever. If you have been charged with distribution of a controlled substance in Tennessee, understanding the law and the potential consequences of a conviction is crucial. With that in mind, a Murfreesboro criminal defense attorney at Bennett | Michael | Hornsby discusses drug distribution laws and penalties in Tennessee.
Tennessee Drug Distribution Laws
Tennessee law makes a clear distinction between simple possession of a controlled substance and the more serious offense of distribution.
Under Tennessee Code Annotated §39-17-417, it is illegal to knowingly manufacture, deliver, sell, or possess a controlled substance or to possess a controlled substance with the intent to manufacture, deliver or sell it. The level and severity of the charges filed against you for selling, manufacturing, or delivering a controlled substance will depend on several factors, including the type and quantity of drugs involved.
Most states, including Tennessee, categorize controlled substances into schedules modeled after those found in the federal Controlled Substances Act (CSA). Enacted in 1970, the CSA categorizes controlled substances based on their medical use, potential for abuse, and safety concerns. The CSA places controlled substances into one of five schedules, with Schedule I being the most restrictive and Schedule V being the least, as follows:
- Schedule I: Drugs with no accepted medical use and a high potential for abuse (examples include heroin, LSD, and ecstasy).
- Schedule II: Drugs with a high potential for abuse but some medical uses (examples include fentanyl, methamphetamine, and oxycodone).
- Schedule III: Drugs with moderate potential for abuse and accepted medical uses (examples include anabolic steroids, ketamine).
- Schedule IV: Drugs with low potential for abuse (examples include Xanax and Valium).
- Schedule V: Drugs with minimal abuse potential, often used for medical purposes, such as cough medicines with small amounts of codeine.
In Tennessee, the manufacture, delivery, or sale of most controlled substances is charged is a Class B felony; however, you could be charged with a less serious felony if the controlled substance involved is a Schedule III, IV, or V. Conversely, you could be charged with a Class A felony if a significant quantity of a Schedule I or II substance is involved.
Potential Penalties for Drug Distribution in Tennessee
The potential penalties you face if convicted of drug distribution in Tennessee will depend, in large part, on the type and amount of the controlled substance involved. While it is imperative that you discuss the facts and circumstances of your case with an experienced Tennessee criminal defense attorney to ensure that you know exactly what potential penalties you face if convicted, some general guidelines for a drug distribution conviction in Tennessee, based on the level of felony involved, include:
- Class A Felony: Large quantities of a Schedule I or II substance – 15 to 60 years in prison and/or a fine of up to $500,000
- Class B Felony: Most cases involving Schedule I or II substances — 8 to 30 years in prison and/or a fine of up to $100,000
- Class C Felony: Typically applies to smaller amounts of Schedule I and II drugs, or larger quantities of Schedule III and IV substances — 3 to 15 years in prison and/or a fine of up to $100,000
- Class D Felony: Schedule III, IV, and some Schedule V drugs — 2 to 12 years in prison and/or a fine of up to $50,000
- Class E Felony: Usually involving smaller amounts of controlled substances or cases involving prescription drug fraud – 1 to 6 years in prison and/or a fine of up to $5,000
In addition to the type and quantity of controlled substance involved, Tennessee law also allows for aggravating factors that can increase the penalties you face if convicted. These are facts or circumstances about the case that make it particularly bad in the eyes of the law, including things such as:
- Dealing in a school zone: Applies to drug sales within 1,000 feet of a school, park, or daycare center.
- Dealing in a “drug-free” zone: Applies to sales occurring near public housing complexes and community centers.
- Prior convictions: You may face a harsher sentence if you have previous drug-related convictions.
- Weapons: If a weapon was involved in the crime, your sentence may be enhanced.
A conviction for drug distribution in Tennessee can have considerable short and long-term consequences for you and your loved ones. In addition to the legal consequences, a conviction may impact on your personal and professional life. If you have been charged with drug dealing, or a related criminal offense, consulting with an experienced criminal defense attorney right away is the best way to protect your rights and your future.
Contact a Murfreesboro Criminal Defense Attorney
If you have been charged with drug distribution in Tennessee, consult with an experienced Murfreesboro criminal defense attorney at Bennett | Michael | Hornsby as soon as possible to discuss your legal options. Contact the team today by calling 615-898-1560 to schedule your free appointment.
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