Drug Charges FAQ
August 26, 2023
The most common drug offense charge is simple possession or “casual exchange.” This law provides: “It is an offense for a person 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.”
This means that it is a crime to knowingly possess or casually exchange a controlled substance unless it was obtained by a valid prescription from a physician. Another section of the law provides that “it is an offense for a person to distribute a small amount of marijuana not in excess of one-half (½) ounce (14.175 grams).”
The key to this criminal offense is that the defendant is using the drugs primarily for personal consumption rather than with any intent to distribute or sell the controlled substances to others. For example, the Tennessee Court of Criminal Appeals explained in State v. Copeland (Tenn. Crim. App. 1998) that “a ‘casual exchange’ contemplates a spontaneous passing of a small amount of drugs, for instance, at a party.”
A criminal charge of drug possession with intent to sell is a much more serious charge than simple possession or casual exchange. Tennessee law criminalizes knowingly (1) manufacturing a controlled substance; (2) delivering a controlled substance; (3) selling a controlled substance; or (4) possessing a controlled substance with intent to manufacture, deliver, or sell the controlled substance.” Offenses for violating this law can rise to serious felony charges.
The issue is whether a defendant in possession of illegal drugs intended those for personal use or planned to sell or distribute the drugs for monetary profit. The law punishes the sale of controlled substances much more severely than personal use. Convictions under this law result in felonies, while convictions under the simple possession law are misdemeanors.
Yes, it certainly does matter the amount of drugs in a person’s possession. The smaller the amount of drugs, the more likely a criminal defense attorney can push for simple possession or casual exchange over an intent to sell drugs charge. Again, this matter greatly because simple possession is merely a misdemeanor, while an intent to sell conviction leads to a felony.
Tennessee law provides that if a defendant is carrying a larger amount of drugs, an inference can be drawn that the defendant intends to sell such drugs. However, this inference is only an inference, and an experienced criminal defense attorney, such as Eric Phillips from Hagar & Phillips, may be able to rebut that inference or emphasize other facts that lean towards a simple possession offense.
Tennessee law provides that a defendant can be charged with enhanced or greater, offenses if the defendant is engaging in illegal drug transactions in a school zone. The Tennessee law, known as the Tennessee Drug-Free School Zone, provides:
It is the intent of this section to create drug-free zones for the purpose of providing vulnerable persons in this state an environment in which they can learn, play and enjoy themselves without the distractions and dangers that are incident to the occurrence of illegal drug activities. The enhanced sentences authorized by this section for drug offenses occurring in a drug-free zone are necessary to serve as a deterrent to such unacceptable conduct.1
The legislature determined that such increased penalties were necessary not only to protect children from harm associated with drug trafficking but also to serve as a greater deterrent to such conduct. The law imposes these enhanced penalties not only at schools but also if the defendant is near child care agencies, public libraries, recreational centers, and public parks. Often, a person will receive one designation higher if charged with drugs in a school zone (for example, a Class D felony becomes a Class B felony).
A violation of the school zone law occurs if the drug offense takes place at or one school grounds or within 500 feet of any “public or private elementary school, middle school, secondary school, preschool, child care agency, public library, recreational center, or park.”
This law is problematic, particularly in larger metropolitan areas, where much of the geographic land space is within 500 feet of a school or other location designated under the drug-free school zone law.
The exclusionary rule is a time-honored principle in criminal constitutional law that provides that drugs (or other contraband) illegally seized by law enforcement will be suppressed or excluded from a defendant’s criminal proceedings. Both the Fourth Amendment of the United States Constitution and Article I, Section 7 of the Tennessee Constitution prohibit law enforcement officials from engaging in “unreasonable” searches and seizures. If law enforcement officers violate either of these constitutional provisions, the evidence should be suppressed. This is what the exclusionary rule does.
The United States Supreme Court in Mapp v. Ohio (1961) explained: “The criminal goes free, if he must, but it is the law that sets him free. Nothing can destroy a government more quickly than its failure to observe its own laws, or worse, its disregard of the charter of its own existence.”
An experienced criminal defense attorney, such as Eric Phillips of Hagar & Phillips, can evaluate your case to determine whether the police violated constitutional principles in searching or seizing your property. Learn more about the legal implications by contacting us directly. Please feel free to call if you need directions to Lebanon, Tennessee.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.
