Drug Trafficking and Distribution Charges
September 11, 2023
Home » Insights »

Understanding Drug Trafficking and Distribution Charges

The use and sale of drugs are prominent in many communities and can lead to dangerous and sometimes fatal situations. For this reason, those who face criminal charges may endure stiff penalties if convicted.

In such cases, it is important to fully understand what drug trafficking and distribution charges entail so that you can develop the best possible defense for your case.

Distribution Charges in Tennessee

Distribution occurs when a person actually exchanges a controlled substance for a form of payment. Tennessee’s drug laws specify that illegal distribution occurs even in the exchange of prescription drugs if the person receiving them doesn’t have a valid prescription.

In order to charge someone with distribution, law enforcement must catch the person in the act. In many cases, they achieve this through surveillance and undercover operations.

Defining Trafficking

Trafficking is the transportation of a controlled substance. Whether the distance is far away or within the same city, the charge remains the same. However, the type of controlled substance and the amount that the trafficker has are both important variables in determining what the charges are and how severe the penalties will be.

Furthermore, if drugs are transported across state lines, a person could be charged with a federal crime, which has mandatory minimum penalties. Similarly, trafficking drugs near a school or a children’s playground will likely increase the penalties the accused party will face.

Related but Different, Probable Cause

A few key things set these two charges apart. Unlike a distribution charge, law enforcement can prove trafficking with probable cause. For example, if officers found drug paraphernalia, bags and other supplies, large amounts of cash, or excessive amounts of the substance, they can reasonably assume the accused meant to traffic (i.e. transport) drugs somewhere else.

Also, a party may be guilty of one charge or both. For example, a trafficker who also distributes the drug is guilty of both charges, while someone that just sells the drug is only guilty of distribution. This distinction is critical in the sentencing process.

Do I Need a Lawyer for Simple Possession?

It's possible, but we would like to know the facts of your case first. This is a brief overview of drug trafficking and distribution; there are many more details that may be relevant in certain situations. If you or a loved one face such charges, it may be beneficial to review the law in full and to consult with a knowledgeable attorney.

The information provided on this blog is meant for general informational purposes only and should not be construed as medical or legal advice. While we strive to provide accurate and up-to-date information, we make no representations or warranties of any kind regarding the completeness, accuracy, reliability, or suitability of the blog content. Any reliance on this information is at your own risk. This blog may discuss legal topics, but for advice specific to your situation, consult a qualified attorney. We do not assume responsibility for actions taken based on the information herein. We are not liable for any losses or damages resulting from the use of this blog. Links to other websites are not endorsements, and technical issues may affect blog availability. By using this blog, you agree to this disclaimer. Hagar Phillips Attorneys At Law
Recent Articles |  View All
Holiday Parenting Schedules in Tennessee: What Happens When Plans Conflict?
Holiday parenting schedules can become stressful when families are trying to balance school breaks, travel plans, extended-family traditions, and the needs of children. A disagreement that seems manageable during the year may feel more urgent when Thanksgiving, Christmas, or another important holiday approaches.
Read Post
What Happens If a Healthcare Employer Reports You to a Licensing Board?
For healthcare professionals, a workplace issue can sometimes become a professional licensing concern. A complaint from an employer, a patient, a colleague, or another source may lead to an investigation by a licensing board or state agency. Even if the professional believes the concern is unfounded, the situation can create stress and uncertainty.
Read Post
Power of Attorney vs. a Will in Tennessee: Why Families May Need Both
Many families assume that having a will is enough to prepare for the future. A will is important, but it does not address every situation that can arise during a person’s lifetime. A power of attorney and a will serve different purposes, and many families benefit from having both.
Read Post