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What Happens If I Am Charged With Possession of Methamphetamine ?

Drug charges are serious business in Tennessee. One question that was asked of me recently is what happens if I am charged with possession of methamphetamine in Tennessee. Possession of methamphetamine (meth) can be a felony. Meth is a Schedule II drug. Possession of any amount of a Schedule II drug may result in a felony drug conviction. It is a Class B felony with a full range of punishment of 8 to 30 years in prison depending on your criminal record.

What makes possession of meth a felony ? Mere possession of meth is not sufficient to sustain a felony charge but it can be a misdemeanor simple possession charge. Possession of meth becomes a felony under Tennessee Code Annotated 39-17-417. The State of Tennessee must prove one element of the following;

  • One knowingly manufactured a controlled substance.
  • One knowingly delivered a controlled substance.
  • One sold a controlled substance.
  • One possessed a controlled substance with the intent to manufacturer, deliver, or sell the controlled substance.

The last prong is the tricky one.How do you determine intent to sell meth ? There are several ways to prove that element;

  • The weight of the drug. The more of the drug you possess could prove that you might be selling drugs.
  • Having drug processing equipment can be a factor. Did you have digital scales ?
  • How was the meth packaged ? One big bag verses a lot of little baggies.
  • Records of drug transactions. Like journals or texts from your cell phone.

Weight alone may not enough to convict one of a drug trafficking charge in Tennessee. Now if you got a couple of ounces or pounds of meth may be a different situation.

Whatever the circumstances of the case, people arrested for a methamphetamine crime need to remember one important fact: there are defenses to every criminal charge. Perhaps the police employed illegal search-and-seizure techniques when they found the drugs. Perhaps they violated your rights in another way.

It is the mission of a criminal defense attorney to protect the rights of his clients - and to work hard to get the best possible outcome.

If you have have  been arrested for a meth crime, I will fight tirelessly for your rights and freedom. Contact the Law Office of Rob McKinney by calling 615-686-2115 to schedule a free consultation and strategy session.

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Suite 400
Nashville, TN 37201

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