Marijuana and THC edibles are frequently improperly charged as a felony marijuana possession with intent offense in Tennessee. Amounts of marijuana which weigh over .5 of an ounce in Tennessee is presumed to be a felony, possession with intent. Obviously marijuana/THC edibles contain much more than just marijuana or THC – they contain baking ingredients. With marijuana/THC edibles, the entire item is weighed and is almost always going to weigh over .5 of an ounce.
A marijuana/THC possession with intent charge requires the State of Tennessee to be able to establish that you possessed the marijuana/THC edible with the intent for resale, manufacture, or distribution. Although weight is one relevant factor, it is not the only factor.
Hypothetically, a person could be caught with 10 pounds of marijuana, or marijuana/THC edibles, and if a jury can be convinced that you possess the drugs for personal use, you would be convicted of a misdemeanor simple possession. Certainly, the greater amount of drug, the more difficult it may be to convince a jury.
We see many instances of marijuana/THC edibles being improperly charged as felony possession with intent in Tennessee. If you have been charged with a drug possession offense in Tennessee, call our criminal lawyers today to discuss.
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