Simple possession or casual exchange is the lowest drug offense there is in Tennessee. If you did not have enough of a controlled substance on you to be charged with a felony possession, trafficking, or sale charge, then simple possession is another option for the prosecution. What constitutes “simple possession or casual exchange” in Tennessee ?
T.C.A. 39-17-418 prescribes simple possession or casual exchange as knowingly possessing or casually exchanging 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.
What amount of marijuana required for a charge of simple possession ?
It is an offense for a person to distribute a small amount of marijuana not in excess of one-half (1/2) ounce (14.175 grams). T.C.A. 39-17-418
What are the penalties for simple possession ?
- It is a class A misdemeanor
- First and Second offenses are misdemeanors
- Third offense may be a misdemeanor or a Class E felony depending on the amount and type of illegal drug
- Incarceration up to 11 months and 29 days
- Court costs
- Fines up to $2500.00 with a minimum
- $250.00 fine 1st offense
- $500.00 minimum 2nd offense
- $1,000.00 minimum 3rd offense
- Possible drug class
- Probation including probation fees
- Community service
Are the penalties greater for possession or distribution of methamphetamine ?
Yes. ANY amount of methamphetamine shall be punished by confinement for not less than thirty (30) days, and the person shall serve at least one hundred percent (100%) of the thirty (30) day minimum. T.C.A. 39-17-418
However, a person who participates in a drug court or recovery program may receive up to 30 days of jail or sentencing credit.
Are there stronger penalties for selling or providing drugs to a minor under this statute?
Yes. A violation of subsections (a) or (b) T.C.A. 39-17-418 where there is casual exchange to a minor from an adult who is at least two (2) years the minor’s senior, and who knows that the person is a minor, is punished as a felony as provided in § 39-17-417.
What impact is there if an additional offense involves heroine?
A violation under this section is a Class E felony where the person has two (2) or more prior convictions under this section and the current violation involves a Schedule I controlled substance classified as heroin. T.C.A. 39-17-418
Simple possession charges are often negotiated in a plea deal between the prosecutor and defense attorney. If there is no prior offense, you are likely to get pre-trial or judicial diversion. This either results in a delay of prosecution if you complete a number of requirements and a subsequent dismissal or application for expungement which would remove the conviction from your record.
It’s important to note that these charges typically are only used in cases involving the alleged possession of small amounts of a controlled substance. Possession of larger amounts can lead to more serious charges, such as possession with intent to sell. The courts and prosecution are more inclined to cooperate with defense counsel in promoting treatment for drug addiction over incarceration.
What are possible defenses to a charge of simple possession or casual exchange ?
Lack of Possession or Constructive Possession
The statute requires the person charged to have “knowingly” possessed or “exchanged” the illegal drugs or controlled substance. The prosecution has the burden of proof beyond a reasonable doubt to show such possession. A common way many people are charged without “possession” is through “constructive possession.” Legal possession can be proven if a person had the ability to take control of the illegal drug or controlled substance. Many people for example are arrested and charged when they are in a vehicle or a residence where drugs are out in the open. If nobody assumes responsibility, the police may charge those who were able to take control of the illegal drugs. In the alternative, if you reside in a home and have a roommate and the illegal drugs are in roommate’s room that you don’t have access to, then this is a defense to “knowingly” possessing requirement. If it is out with your knowledge on the coffee table in a living room or common area then you had the ability to control it.
Valid Prescription
If the prescription medication is found and not in a prescription bottle, presenting a valid prescription is a valid defense to rebut the charge.
Illegal stop or search
This is often referred to as “fruit of the poisonous tree” where a search and seizure of the illegal drug or controlled substance was based on an illegal stop that did not have proper probable cause. Other example of unlawful searches involve illegal pat downs of the person’s body, illegal entry and search of a residence or building, or unreasonable suspicion for a stop.
Other civil consequence of a conviction
A conviction for drug possession can have collateral consequence not foreseen or intended. For a juvenile it may result in being sent to an alternative school or expelled from a private school. If you are a cdl driver or employed in some manner involving public safety, you could be terminated. The fact of testing positive or possessing illegal drugs may result in job termination even without a conviction that resulted from an applicable defense.
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