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Nashville Possession of Marijuana Defense Attorney

Posted September 30, 2015 - Drug Cases, Felony Cases, Misdemeanor Cases

Nashville Possession of Marijuana Defense Attorney

Marijuana is a schedule six drug under Tennessee’s criminal code.  This means that marijuana does not have a high likelihood of addiction but is still illegal to possess.  Less than one-half ounce will result in misdemeanor charges and more than one-half ounce will result in felony charges.  Felony charges and punishment increases with the amount of weed in possession.  A greater amount will result in greater punishment.

Actual v. constructive possession in Tennessee

In order to be charged with possession of marijuana in Tennessee, the alleged offender must have either actual or constructive possession.  Possession is a required element under TN’s penal code.  That means some form of possession is a necessary in order to sustain a conviction.  If the government is unable to prove this element, they will not be able to prove their case in court and the accused will escape punishment.

Actual Possession is the easiest form of possession to understand.  This requires the alleged offender to have physical control of the marijuana on their body or person.  This would happen when an offender has pot in their pocket, wallet, or purse.  The government does not have to prove the pot actually belongs to you.  So if you are holding weed for a third party, this is not a defense and could result in a conviction.

Constructive Possession is the more complicated of the two to prove.  This form of possession is found when the offender is aware of the illegal substance, has intent to actually possess the marijuana, and the offender is physically able to exercise dominion and control over the substance.  Constructive possession can occur when weed is found in a box in the defendant’s trunk of his car or at his home.  Here, the nature of ownership where the marijuana is found is always a key element to consider. 

Penalties of Marijuana Possession

If you are charged with marijuana possession in Tennessee, you will not receive any penalties until you are actually convicted in court.  However, a TN marijuana conviction does carry harsh penalties and fines.  The court costs-fines, alone, in a simple possession conviction in TN often exceed over $1,100.00.  The TN code provides for basic statutory penalties and increased punishment can occur when the offender has previous convictions or a large amount of weed is involved.  Furthermore, increased punishment can occur if the marijuana is possessed in a school zone.

A conviction for possession of marijuana less than one-half ounce can result in a jail sentence of 11 months and 29 days and a fine up to $2,500.00.  In addition, the judge can order mandatory drug testing, drug treatment, and community service.

Any conviction for possession of marijuana over one-half ounce will result in a felony conviction.  Felony convictions could result in a prison sentence for several years.

Nashville Possession of Marijuana Defense Attorney

If you are currently facing marijuana possession charges in Nashville, TN or any surrounding county in Middle Tennessee, contact criminal defense attorney Lee Martin at 615-345-1988.  He is a criminal defense attorney with nearly 20 years of experience and he knows how to get results in marijuana defense cases.  He will use his experiences in marijuana defense and drug investigations to your benefit.  You have nothing to lose.  If facing marijuana charges, please make your choice wisely.  It could make all of the difference in the world. 

I help good people restore their lives

-Lee Martin is a nationally recognized DUI and criminal defense attorney.  He provides premier legal services by limiting his caseload exclusively to DUI and criminal matters.  Lee knows how to build a solid defense strategy for your upcoming court date.  Let Lee Martin be your choose as your Nashville area criminal defense lawyer.   If you have pending charges, give him a call at 615-345-1988.

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