Do you need a marijuana lawyer in Cookeville, Tennessee? If you’ve been charged with a violation of the law that involves marijuana, one of the first things your attorney will do is determine whether you’ve been charged with felony possession or simple possession.
Unless you’re an adult giving drugs to a minor, simple possession is an A misdemeanor that carries up to an 11 month, 29 day jail sentence. See T.C.A. § 39-17-418. Normally, the simple possession of marijuana pleas out to probation, sometimes even good behavior probation. While it is certainly serious, you would much rather be charged with simple possession than felony possession.
The punishment for the felony possession of marijuana varies depending on how much weed you had. See T.C.A. § 39-17-417. One-half ounce to ten pounds is a Class E felony. Between 10 pounds and 70 pounds (and no more than 19 plants) is a Class D felony. 70 pounds to 300 lbs (and no more than 499 plants) is a Class B felony. Finally, 300+ lbs or 500+ plants is a Class A felony. Check out my sentencing posts and contact a lawyer for more information.
So, how does a jury determine whether someone has weed for personal use or weed to sell to others? Tennessee Code Annotated section 39-17-419 states,
“It may be inferred from the amount of a controlled substance or substances possessed by an offender, along with other relevant facts surrounding the arrest, that the controlled substance or substances were possessed with the purpose of selling or otherwise dispensing. It may be inferred from circumstances indicating a casual exchange among individuals of a small amount of a controlled substance or substances that the controlled substance or substances so exchanged were possessed not with the purpose of selling or otherwise dispensing in violation of § 39-17-417(a).”
In other words, things like scales, baggies, and large amounts of money or drugs look like you’re selling. Small amounts of drugs and the absence of these items make it look like you’re using.
Of course, you would rather get off altogether? How do some lawyers help their clients walk scot-free? Check out this post, stay tuned for future blogs on the suppression of evidence, and, as always, contact a lawyer.