Felony Marijuana Charges in Tennessee
Possession with the intent to manufacture, deliver or sell is a felony offense in Tennessee. A successful prosecution hinges on the State of Tennessee’s ability to establish sufficient evidence to convince a jury of the person’s intent in controlling the marijuana. Factors considered in determining whether the marijuana was intended to be re-sold, include:
- Amount/Weight of the Marijuana. The greater the weight, the stronger the argument that it was intended to be resold becomes for the prosecutor. In Tennessee, marijuana in an amount over .5 of an ounce may be charged as felony possession with intent. Hypothetically, a person with 10 pounds of marijuana could argue that they possessed it with the intentions of smoking it themselves. If a jury believes it, they could only be found guilty of a misdemeanor simple possession of marijuana in Tennessee.
- Large amounts of cash found with or near the marijuana, particularly in smaller denominations is suggestive of multiple cash transactions and is considered circumstantial evidence the person was selling.
- How the Marijuana is packaged. Was the marijuana individually packaged or in a single package?
- Existence of anything else in close proximity to the drugs that would suggest manufacturing, selling or delivering. For example, a bulk quantity of marijuana is found in a room. In that room there was a chopping block, scissors, a box of plastic baggies, a scale and a safe with a large quantity of cash in small denominations – $1, $5, $10 and $20 bills. Those items collectively would be circumstantial evidence that the person charged had been selling marijuana. Alternatively, a single bulk package of marijuana is found in a room with a bong, a pipe with marijuana residue and none of the other items previously mentioned would create a much stronger argument that the possession was purely for personal use and the person would be guilty of a misdemeanor, simple possession.
Marijuana laws have changed in many states however Tennessee is not one of them. If facing a marijuana charge in Tennessee, discuss your case with a criminal lawyer in Tennessee. Proper review of the case and your personal situation with your criminal defense attorney is imperative, especially with Tennessee’s tough stance on drugs. Any criminal conviction, even if marijuana, can have lasting impacts on your family and career. Call our lawyers today at (931) 303-0421 to discuss your case.