Question 1

What types of drug crimes do you handle in Brentwood?

Accepted Answer

Tennessee Code § 39-17-417 makes it a drug crime to knowingly manufacture, deliver, or sell a controlled substance, or possess a controlled substance with intent to manufacture, deliver, or sell the controlled substance. § 39-17-418 of the Tennessee Code makes it a crime to: “Knowingly possess or casually exchange a controlled substance, unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of professional practice.” Other drug crimes that our Brentwood drug crime attorney handles include: Dealing or selling drugs; Drug possession; Drug trafficking; Driving under the influence of narcotics; Drug-related crimes at Bonnaroo and other festivals.

Question 2

What is a scheduled drug?

Accepted Answer

The Tennessee Drug Control Act (Tennessee Code § 39-17-401) regulates drugs that qualify as a controlled substance. Generally, Schedules I through V are classified based on factors including abuse potential, accepted medical use, and dependence liability. Schedule I drugs have a high potential for abuse and can’t be used for any accepted medical use. Tennessee Code § 39-17-405. Schedule V drugs have a low potential for abuse, have a currently accepted medical use, and have limited physical or psychological dependence liability relative to Schedule IV controlled substances. Tennessee Code § 39-17-413. Schedule II, III, and IV drugs have varying abuse potential, accepted medical uses, and dependence liability. Tennessee Code § 39-17-407, § 39-17-409, and § 39-17-411. Cocaine, fentanyl, and many opioids are Schedule II drugs. Schedule VI drugs include marijuana, tetrahydrocannabinols, and certain cannabis equivalents. Tennessee Code § 39-17-415. Schedule VII drugs include butyl nitrite and any isomer of butyl nitrite. Tennessee Code § 39-17-416.

Question 3

Do you handle marijuana offenses in Brentwood?

Accepted Answer

Tennessee Cannabis Information states that: Marijuana remains illegal in Tennessee except in limited circumstances; As of September 2026, medical cannabis and recreational marijuana are not legal in Tennessee; Local municipalities cannot decriminalize the possession of cannabis; There are severe penalties for the possession, sale, or cultivation of marijuana; A limited exception applies to certain qualifying individuals who possess appropriately labeled cannabidiol oil containing less than 0.9% THC and satisfy the statutory documentation requirements.

Question 4

What defenses do you assert in Brentwood drug crime cases?

Accepted Answer

Our Brentwood drug crime defense lawyer handles drug offenses in federal and state courts, including both felonies and misdemeanors. For 35 years, we’ve helped drug crime defendants and other criminal defendants in the following ways: Asserting your constitutional defenses. One common defense is that police did not have grounds to seize any drugs in your possession because they did not have a warrant, probable cause where required, or another lawful basis for the search or seizure. We seek to exclude illegally obtained evidence seized in violation of the Fourth Amendment. Another defense is that you cannot be compelled to incriminate yourself (which means that we work to suppress any statements given in violation of your Fifth Amendment right to stay silent). Other constitutional rights include the right to a trial by a jury and the right to request legal counsel. You were not in actual or constructive possession of any drugs. Problems with the chain of custody. The government must establish a sufficient chain of custody to provide reasonable assurance of the identity and integrity of the drugs offered as evidence. Other legal defenses, such as: You did not have the requisite criminal intent; You have a valid drug prescription or another legal right to possess the drugs; The drugs weigh less than what the government claims; You didn’t knowingly commit the drug offense; The government cannot prove each element of the criminal offense beyond a reasonable doubt; The government entrapped you.

Question 5

What are the penalties for drug crimes in Tennessee?

Accepted Answer

The penalties vary, depending on the drug schedule, the weight of the drug, your prior criminal record, and other factors. Tennessee drug offenses under § 39-17-417 involving Schedule I drugs are generally Class B felonies, punishable by 8 to 30 years of imprisonment and fines of up to $100,000. Simple possession of marijuana is a Class A misdemeanor, punishable by up to 11 months and 29 days in jail and a fine of up to $2,500. A first misdemeanor marijuana conviction generally carries a $250 minimum fine. Our Brentwood drug crime defense lawyer will explain the federal and state penalties for your specific drug charge. Possession of larger amounts, cultivation of marijuana, and other factors can increase the length of the prison sentence and the amount of the fine. Fines can also increase for certain drug offenses under § 39-17-417 on or sufficiently near school properties or other covered entities. Tennessee Code § 39-17-432. A felony drug conviction can make it hard to find employment and a place to live. You could lose a professional license and suffer other consequences.

Question 6

Are there alternatives to incarceration for drug crimes in Tennessee?

Accepted Answer

Tennessee does have recovery courts. Our Brentwood drug crime defense lawyer can explain if you’re eligible. Generally, eligible participants must be nonviolent individuals with a substance use disorder. Drug courts are supervised by the judiciary. Eligible defendants must participate in clinically supervised treatment. Recovery courts help to reduce the cost of incarceration and aim to protect communities, such as Brentwood. Recovery court requirements vary by program. Eligible participants may plead guilty and receive treatment, supervision, testing, and other conditions, and some programs or offenses may still require periods of incarceration. Our Brentwood drug crime attorney will work with the prosecution and the judge to develop an appropriate recovery program. There are also drug courts for DUI defendants, juveniles who have drug charges, and veterans who have substance use disorders.

Question 7

What’s the difference between actual and constructive possession?

Accepted Answer

Actual possession means you have direct physical control over the drugs, such as when the drugs are on your person, in your pocket, or in a container you are physically holding. Constructive possession means you did not have the drugs on you, but you knew where the drugs were and had the power and intention to exercise dominion and control over them.

Question 8

Do you have a Brentwood drug crime defense lawyer near me?

Accepted Answer

Our Brentwood office is located at 1616 Westgate Cir #363 in Brentwood. We also meet defendants who are in custody where they are being detained. We’ll explain how the criminal process works, develop a strong defense strategy, and fight for your freedom. We also have offices in Franklin and Columbia.