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What To Do After Being Charged With A Drug Crime

Drug crimes are among the most legally complex offenses under our state and federal laws. Mounting an effective defense often means tackling tough questions involving the legality of searches, the admissibility of testimony and physical evidence, and the intentions of the accused. If you have been accused of any type of drug crime in Tennessee, you need an experienced criminal defense lawyer on your side.

With more than 18 years of successful experience advocating for accused people in the Clarksville area, the attorneys at The Kennedy Law Firm, PLLC, fight for our clients’ freedom and reputations every step of the way.

Understanding The Tennessee Drug Schedule System

Controlled substances fall under seven schedules in Tennessee, each reflecting the drug’s potential for abuse, medical use and risk of dependence. These classifications determine regulations around possession, distribution and prescription and the penalties for violations.

Below is a summary of each schedule, the criteria for classification and examples of commonly known drugs in each category.

Schedule I Drugs

Schedule I substances are considered the most dangerous under Tennessee law. According to Tennessee Code §39-17-405 and §39-17-406, these drugs have:

  • A high potential for abuse
  • No currently accepted medical use in treatment in the United States
  • Lack of accepted safety for use under medical supervision

Common examples of Schedule I drugs include:

  • Heroin
  • Lysergic acid diethylamide (LSD)
  • 3,4-methylenedioxymethamphetamine (MDMA/Ecstasy)
  • Marijuana (cannabis), except when approved by state-specific medical laws

The strict regulation of these substances means that possession, manufacturing or distribution carries severe legal consequences.

Individuals facing charges related to Schedule I drugs in Tennessee require a knowledgeable attorney to help ensure their rights are protected, evaluate potential defenses and navigate complex state laws.

Schedule II Drugs

Schedule II drugs, defined in Tennessee Code §39-17-407 and §39-17-408, are recognized as having a high potential for abuse, which may lead to severe psychological or physical dependence.

Unlike Schedule I drugs, Schedule II substances have some accepted medical use in the U.S., usually under strict prescription guidelines. Common Schedule II substances include:

  • Cocaine (used medically in specific procedures)
  • Methamphetamine (prescription forms)
  • Oxycodone
  • Fentanyl
  • Hydromorphone

Even when prescribed, misuse or diversion of these drugs can result in serious criminal charges.

Schedule III Drugs

Schedule III substances under Tennessee Code §39-17-409 and §39-17-410 present a moderate to low potential for physical and psychological dependence.

These drugs have accepted medical uses in treatment and misuse carries less risk than Schedule I or II drugs, though legal consequences remain high. Examples include:

  • Anabolic steroids
  • Codeine (in combination with other medications)
  • Buprenorphine
  • Ketamine

Possession or illegal distribution of Schedule III drugs in Tennessee can result in felony charges. Our attorney can provide crucial guidance in evaluating defenses, understanding prescription regulations and managing legal proceedings.

Schedule IV Drugs

Schedule IV drugs, according to Tennessee Code §39-17-411 and §39-17-412 have a low potential for abuse relative to Schedule III drugs.

They are widely recognized for their medical uses and typically include medications for anxiety, insomnia or pain management. Common Schedule IV drugs include:

  • Alprazolam (Xanax)
  • Diazepam (Valium)
  • Lorazepam (Ativan)
  • Zolpidem (Ambien)

Even with legal prescriptions, improper use or diversion of these medications can result in criminal charges.

Schedule V Drugs

Schedule V substances, as outlined in Tennessee Code §39-17-413 and §39-17-414, have a lower potential for abuse than Schedule IV drugs.

They are primarily used for medical purposes, often for cough suppression or pain management. Common examples include:

  • Cough preparations containing less than 200 milligrams of codeine per 100 milliliters (for example, Robitussin AC)
  • Ezogabine
  • Certain anti-diarrheal medications containing opioids

Charges involving Schedule V drugs in Tennessee may still carry criminal penalties, particularly if substances are diverted or sold illegally.

Schedule VI Drugs

Schedule VI substances, listed in Tennessee Code §39-17-415 are considered to have a low risk for abuse and are used for medical treatment. They are tightly regulated, but violations generally involve less severe penalties than higher schedules. Some Schedule VI drugs include:

  • Certain over-the-counter medications with small quantities of controlled ingredients
  • Preparations with minimal opioid content

Because these drugs are legally obtainable with prescriptions, charges revolve around improper possession or minor diversion. A Tennessee attorney can clarify these distinctions and provide defense strategies.

Schedule VII Drugs

Schedule VII drugs, per Tennessee Code §39-17-416, are substances with the lowest potential for abuse and recognized medical use. They may include precursor chemicals or drugs not classified under higher schedules. Examples include:

  • Certain hallucinogenic plant derivatives
  • Precursor chemicals used in drug synthesis

Charges related to Schedule VII substances may involve possession or regulatory violations.

Penalties For Controlled Substances In Tennessee

Penalties for drug violations vary depending on the schedule of the substance, the amount involved and whether the offense includes distribution, manufacturing or possession. Tennessee law provides detailed statutory penalties in Tennessee Code §39-17-417.

Below is a summarized guide focusing on the most common drugs in each schedule:

  • Schedule I drugs: This is a Class B felony, which carries up to eight to 30 years in prison and a fine of up to $100,000. In addition, if large quantities are involved, such as 15 grams or more of heroin, the offense may be enhanced to a Class B felony with a fine of up to $200,000 under statutory thresholds.
  • Schedule II drugs: Penalties are based on the amount of the drug involved. 0.5 grams or more of drugs like cocaine, methamphetamine or fentanyl are classified as a Class B felony with fines of up to $100,000 while prison terms range from eight to 30 years. However, for less than 0.5 grams, it is classified as a Class C felony with a fine up to $100,000 and prison terms ranging from three to 15 years.
  • Schedule III drugs: Generally a Class D felony, with possible imprisonment ranging from two to 12 years and fines up to $50,000.
  • Schedule IV drugs: Tennessee law distinguishes between Flunitrazepam and other Schedule IV drugs, where Flunitrazepam is classified as a Class C felony with a fine up to $100,000 and three to 15 years in prison. Other Schedule IV drugs are classified as a Class D felony with fines of up to $50,000 and two to 12 years in prison.
  • Schedule V drugs: These lead to Class E felony charges with fines up to $5,000 and one to six years in jail.
  • Schedule VI and VII drugs: These are a Class E felony with fines up to $5,000 and one to six years in jail. For Schedule VI, penalties apply to distribution, manufacture or possession with intent to distribute. Simple possession (without intent) of marijuana remains a Class A misdemeanor with up to 11 months, 29 days in jail and fines of up to $2,500.

Your lawyer can help you understand the penalties according to your situation. Our Tennessee drug defense attorney can:

  • Assess the specific schedule of the substance involved
  • Evaluate defenses, including prescription legality or procedural errors
  • Advocate for reduced sentencing, diversion programs or alternative resolutions

Given the complexity of Tennessee’s drug schedules and penalties, if you are facing drug charges, you should seek qualified legal guidance immediately. We provide effective representation, helping safeguard your rights and minimizing the consequences, if possible.

How an experienced attorney can help you

Tennessee is a haven for those who manufacture, sell and use illegal drugs. In fact, the U.S. Office of National Drug Control Policy designated 65 counties across the region as the Appalachia High Intensity Drug Trafficking Area (HIDTA). Economic pressures in this region make it vulnerable to the lure of trafficking in controlled substances, and the climate is favorable to marijuana production. As a result, federal and state investigators actively investigate drug crimes and frequently make arrests in our region.

If you are charged with a drug crime, you have the right to legal counsel and to have an attorney present during questioning. At The Kennedy Law Firm, PLLC, we adhere to the belief that anyone charged with a crime is innocent until proven guilty and treat all our clients with respect. With more than 75 years of combined legal experience, our Clarksville drug crime lawyers handle cases involving:

  • Possession
  • Manufacture
  • Distribution
  • Trafficking

Drug crime penalties in Tennessee

Depending upon their severity, drug crimes can range from misdemeanors for simple possession to felonies for distribution and trafficking. If the crime is punishable by less than one year of jail time, it is a misdemeanor, while crimes punishable by a year or more in prison are felonies.

According to the U.S. Drug Enforcement Administration (DEA), federal trafficking penalties for 1,000 kilograms or more of marijuana, a Schedule I drug under the Controlled Substances Act can range from ten years to life in prison, depending upon whether it is a first or second offense. In addition to state penalties, drug trafficking convictions under federal law involving large amounts of cocaine, methamphetamines and other Schedule I and II drugs also carry five- to 40-year prison sentences and up to $5 million fines, even for a first offense for the following:

  • 500 grams or more cut cocaine
  • 28 grams or more cocaine base
  • 100 grams or more cut heroin
  • 10 grams or more pure PCP
  • 100 grams or more cut PCP
  • 1 gram or more LSD mixture
  • 5 grams or more pure methamphetamine
  • 50 grams or more cut methamphetamine

With so much at stake, you need a drug crime attorney in Clarksville who preserves your rights and fights for you. At The Kennedy Law Firm, PLLC, a drug crime lawyer thoroughly analyzes all aspects of your case and prepares the strongest possible defense. In some cases, we recommend going to trial, but in other cases, it may be beneficial to negotiate a plea agreement.

We are committed to giving a voice to the accused

The Kennedy Law Firm, PLLC, is committed to advocating for the accused in Tennessee and upholding the integrity of the criminal process by forcing state and federal prosecutors to truly prove their cases beyond a reasonable doubt. If you have been accused of any type of drug crime or are being investigated by state or federal authorities, call our offices immediately at 931-444-5620 or contact us online to schedule a meeting with an experienced criminal defense attorney at one of our three Clarksville locations.