Nashville Drug
Crimes Lawyer

Drug charges can be complicated depending on the various statutes violated. However, all drug crimes carry serious penalties and can prove difficult to defend yourself against without the help of an experienced lawyer. If convicted, you could be faced with multiple penalties for a single crime or even consecutive charges for multiple crimes, resulting in heavy fines and years of incarceration. Thus, it is crucial to secure the services of a skilled Nashville drug crimes lawyer to help.

A Nashville drug crimes attorney can help you retain your rights during the upcoming proceedings. A criminal defense attorney can help you pinpoint potential errors in the prosecution’s case, craft a formidable defense, request a favorable deal, or even seek dismissal of your charges. 

By seeking experienced representation, you can give yourself the greatest possible chance at reducing the impact of your drug crimes on your life and your family.

• Schedule I. LSD, DMT, MDMA, and some opioids, such as heroin and fentanyl derivatives
• Schedule II. Cocaine, methamphetamine, codeine, and hydrocodone
• Schedule III. Ketamine and anabolic steroids
• Schedule IV. Clonazepam and diazepam
• Schedule V. Narcotic drugs containing non-narcotic active ingredients
• Schedule VI. Marijuana and synthetic equivalents
• Schedule VII. Butyl nitrite and isomers

A drug offense can be charged at the state or federal level depending on the drugs involved, their quantities, and the intent of the person in possession. Below are some of the most common drug charges.

Possession

Possession is the most fundamental of all drug charges, as most other charges will also incorporate possession. If you are found to be in possession of any illegal substance, you will first be charged with possession before additional evidence reveals more charges. For example, drug possession can quickly expand into intent to distribute or intent to sell if you are caught with an amount over the defined simple possession threshold. However, if you are charged with simple possession, a judge or jury may see fit to sentence you to rehabilitation instead of incarceration.

Intent to Distribute

Intent to distribute charges recognize that the offender has more than a reasonable amount of a particular substance that could be attributed to personal use. This quantity is set by the state, and assumes that an individual in possession of any amount of a given substance over the personal use limit likely intends to distribute it to others. However, the burden is on the state to prove that you had the intent to distribute the drug in question. As a result, intent to distribute renders your drug charges more serious than simple possession, and often leads to incarceration.

Intent to Sell

Intent to sell is similar to intent to distribute but involves the specific intent to receive money or goods in exchange for the drugs possessed. To be charged with intent to sell, there must be some evidence that you have sold or are planning to sell a controlled substance. Many cases involving intent to sell charges are discovered via domestic undercover police operations or confidential informants, making intent to sell charges extremely challenging to oppose.

Trafficking

Trafficking is usually a federal crime, separating it from intent to distribute or sell, though the general concept is similar. The deciding factors are the quantity of drug involved and how the drugs were transported, and sentencing can escalate based on the severity of either.

Sentencing also changes based on the schedule the drugs are placed on. For example, a Schedule 1 controlled substance could result in harsher penalties than lower-schedule drugs. Drug trafficking charges are often more life altering than possession and intent to distribute or sell and are not limited to large crime organizations.

Fraudulently Obtaining Controlled Substances

Obtaining commonly abused substances through fraudulent means usually corresponds with lying to a licensed distributor to obtain the substance illegally. For example, if you lie to a doctor about a condition to receive a prescription for a controlled substance or impersonate a prescription holder, you are fraudulently obtaining that substance. Often, these charges are accompanied by forgery, deception, subterfuge, or fraud and come with prison time or steep fines.

Manufacturing and/or Cultivating Controlled Substances

The unlicensed manufacturing or cultivation of a controlled substance is exceptionally difficult to fight. Usually, there is plenty of physical evidence available for the prosecution to demonstrate that there was, in fact, a manufacturing operation. Illegal marijuana cultivation is a common offense of this type, as is manufacturing methamphetamine.

Multiple Drug Charges for a Single Crime

While any single criminal act has the potential to result in multiple charges, drug crimes are some of the most likely to result in multiple charges. Of course, for you to be charged multiple times for one criminal act, the crime must have broken multiple laws at once. Many of the above charges are considered felonies on the state and federal levels and often coincide with one another, making it common to receive multiple charges for a single crime. Even the crime of possession can be charged multiple times on both the state and federal level depending on the substance involved.

For example, imagine you were found in possession of one ounce of marijuana in Nashville. Since Tennessee defines any amount of marijuana over ½ ounce as an excessive amount for personal use, you will be charged with both felony possession of marijuana and intent to distribute or sell. You may receive drug trafficking charges if you were seen selling marijuana or were caught crossing the state border while in possession. At ten pounds, penalties increase, and the likelihood you will receive intent to sell or trafficking charges increases as well.

You must also keep in mind that criminal charges can come from both the state and the federal governments, meaning you might face multiple charges from different courts. While simple possession is a misdemeanor charged at the state level, an arrest by a federal official, intent to deliver, trafficking, and manufacturing often result in federal charges. During any drug related case, the experience of your Nashville drug crimes attorney will heavily determine whether there is a chance at lowering the charges against you.

Drug crime penalties vary significantly depending on factors like whether you have other prior convictions, what type of drug you had, and the exact charges you are facing.

Class A Felonies

You could be charged with a Class A felony if you manufacture, deliver, or sell more than 150 grams of fentanyl, heroin, or morphine; more than 50 grams of hydromorphone or LSD; more than 300 grams of cocaine or methamphetamine; or more than 300 pounds of marijuana. Class A felonies are punishable by 15 to 60 years in prison and fines of up to $500,000.

Class B Felonies

You could be charged with a Class B felony for manufacturing, delivering, or selling a Schedule I controlled substance or more than 0.5 grams of cocaine, methamphetamine, fentanyl, or one of several Schedule II opioids.

Drug crimes involving Schedule II controlled substances in amounts less than 0.5 grams while carrying a deadly weapon and crimes resulting in bodily injuries are also Class B felonies, as is the manufacturing, delivery, or selling 15 grams or more of fentanyl, heroin, or morphine; five grams or more of hydromorphone or LSD; 26 grams or more of cocaine or methamphetamine; and between 70 and 300 pounds of marijuana.

You could face eight to 30 years in prison and fines of up to $100,000.

Class C Felonies

You could be charged with a Class C felony for manufacturing, delivering, or selling less than 0.5 grams of a Schedule II drug. Drug crimes involving Rohypnol, classified as a Schedule IV drug, are also Class C felonies, as are crimes involving between four pounds, one gram and eight pounds of hashish or 20 to 99 marijuana plants. Class C felonies are punishable by three to 15 years in prison and fines of up to $100,000.

Class D Felonies

Manufacturing, delivering, or selling a Schedule III or IV drug is a Class D felony. Drug crimes involving more than ten pounds, one gram but less than 70 pounds of marijuana are also Class D felonies. They’re punishable by two to 12 years in prison and fines of up to $50,000.

Class E Felonies

You could be charged with a Class E felony for manufacturing, delivering, or selling a Schedule V or VII controlled substance. Crimes involving ½ ounce to ten pounds of marijuana are also Class E felonies. These crimes are punishable by one to six years in prison and fines of up to $5,000.

While any single criminal act has the potential to result in multiple charges, drug crimes are some of the most likely to result in multiple charges. Of course, for you to be charged multiple times for one criminal act, the crime must have broken multiple laws at once.

Many of the above charges are considered felonies on the state and federal levels and often coincide with one another, making it common to receive multiple charges for a single crime. Even the crime of possession can be charged multiple times on both the state and federal level depending on the substance involved.

For example, imagine you were found in possession of one ounce of marijuana in Nashville in addition to paraphernalia, such as scales or baggies, associated with the sale of cannabis. You could be charged with both possession and intent to distribute.

You may receive drug trafficking charges if you were seen selling marijuana or were caught crossing the state border while in possession. At ten pounds, penalties for marijuana possession increase, and you may face trafficking charges as well.

You must also keep in mind that criminal charges can come from both the state and the federal governments, meaning you might face multiple charges from different courts. While simple possession is a misdemeanor charged at the state level, an arrest by a federal official, intent to deliver, trafficking, and manufacturing often result in federal charges.

During any drug-related case, the experience of your Nashville drug crimes attorney may heavily determine whether there is a chance of lowering the charges against you.

After you are charged with a drug crime, your first step should be to contact a trusted Nashville drug crimes attorney. Upon examination of your case, a skilled attorney can review the circumstances of your arrest and determine if procedural issues may negate the validity of the search, seizure, or arrest. If this is the case, your attorney may be able to request a reduction of charges or even outright dismissal.

When faced with criminal charges, comply with police but do not allow a search unless the arresting authority has a warrant or probable cause to conduct the search. Searches and seizures must be done with a warrant from a judge. If the police found drugs while conducting an illegal search, your attorney may have grounds to get the charges dismissed.

After arrest, avoid speaking to anyone but your lawyer about the events that led to the charges. Listening to your Nashville drug crimes lawyer and keeping quiet before and during sentencing is the primary way you can help your attorney work toward reducing the potential charges against you. Conversely, oversharing with the police or allowing them free rein to search your property could significantly affect your chances of a reduced charge or dismissal.

Should your arrest and charges prove valid, you may be charged separately for each offense and face sentencing accordingly. A criminal court judge must determine whether these sentences should run consecutively or concurrently. Usually, first-time offenders are allowed to serve their time concurrently. Even if this is not your first charge, a skilled Nashville drug crimes attorney can request reduced sentencing or concurrent sentencing as part of a plea deal.

Hiring an experienced lawyer is a vital step in defending against multiple drug charges. Securing a Nashville drug crimes attorney more experienced in defending against multiple charges gives you every potential tool at their disposal to reduce the severity of your sentence.

Your attorney can help you come up with the most effective defense strategy based on the specifics of your case. Depending on what type of charges you are facing, viable options could include:

• Unlawful search and seizure. If the police found drugs on your person or property during an unlawful search and seizure, we may be able to get the evidence excluded. Illegal substances that are found in plain view may be used as evidence in drug cases. However, officers must have a warrant or probable cause to search your home or car.
• Crime lab analysis. The prosecutor must prove that the substance you had was indeed a controlled substance. Your attorney may be able to raise questions about potential errors in the crime lab analysis report. If the prosecution cannot definitively prove that the substance you had was an illegal drug, it can’t move forward with its case against you.
• Chain of custody issues. Evidence, including drugs seized during arrests or searches, should be secured in an evidence room or locker. Chain of custody issues sometimes arise, though, and controlled substances go missing or get replaced.
• Entrapment. Entrapment happens when police officers or informants convince suspects to commit crimes they would not have otherwise committed. You may be able to use this defense if an officer convinced you to commit a drug crime through threats or harassment.

We can help you choose the right defense strategy for your case.

In 2024, there were 45,190 drug crimes committed in Tennessee, many of them in Music City. In other words, if you need to hire a drug crimes lawyer to defend you against possession, manufacturing, or even trafficking charges, you are not alone.

Hiring a drug crimes attorney is the most effective way to support a positive outcome in your case. Your attorney can assist you with all aspects of your case, from explaining drug crime laws to collecting evidence to build a solid defense. The District Attorney’s office has substantial resources at its disposal to use in your prosecution. Hiring a skilled defense attorney helps to level the playing field.

How Can You Beat a Drug Charge in TN?

You may be able to beat a drug charge in TN with the help of a Nashville drug crime lawyer. Your attorney can evaluate the prosecution’s case against you, looking for weaknesses, such as constitutional rights or evidence handling violations. They can also interview witnesses and seek evidence to build a solid case in your defense.

What Is the Average Sentence for Drug Charges?

There is no average sentence for drug charges because drug crime penalties vary significantly based on the type of charges you are facing and the controlled substance involved. While the Nashville DA no longer even prosecutes cases involving the simple possession of less than ½ oz of marijuana, trafficking in large amounts of Schedule I substances can still result in decades-long prison terms.

What Are the Penalties for Possessing Drugs in Tennessee?

The penalties for possessing drugs in Tennessee include jail time and fines. Simple possession is a Class A misdemeanor unless the drugs are being sold to a minor by someone at least two years older than them or you already have two prior possession convictions, which means you could face up to 11 months and 29 days in jail and fines of up to $2,500.

Do First-Time Drug Offenders Go to Jail in TN?

First-time drug offenders do not always go to jail in TN, although jail time is possible. First-time offenders are often eligible for alternative sentencing programs, such as probation or diversion, which can keep them out of custody. Pre-trial diversion programs allow prosecution to be suspended for up to two years without requiring defendants to enter a guilty plea, while judicial diversion requires a conditional guilty plea and supervised probation.

• Is Marijuana Legal in Tennessee?
• Are Tennessee Drug Sentences Appropriate to the Crimes?
• Sting Operation Results in Trafficking Charges Plus Conspiracy
• Traveling Through Tennessee With Marijuana Could Mean Trouble

Patrick McNally is an experienced criminal defense attorney who can help you understand your drug crime charge and build a rigorous defense against severe penalties. Experienced in both federal and state-level cases, this Nashville criminal attorney has over 35 years of experience helping people defend themselves against these complicated charges. 

If you have recently experienced drug charges of any kind and are unsure how to proceed, Patrick McNally can help you begin building your criminal defense case today. Contact McNally Law online to schedule a consultation with a trusted law firm as soon as possible.