Memphis Heroin Defense Attorney

Heroin is a Schedule I controlled substance, and Tennessee prosecutes it accordingly. The sale or delivery of heroin is a Class B felony, and larger quantities become Class A felonies carrying 15 to 60 years. In recent years, the reality that street heroin is frequently mixed with fentanyl has made these cases even more dangerous — both to users and in terms of the charges that can follow an overdose.

If you or a loved one is facing a heroin charge in Memphis or Shelby County, you need counsel who understands both the statutory exposure and the treatment-based alternatives that may be available. Brooks Law Firm defends heroin cases at every stage.

Heroin Under Tennessee Law

Heroin is a Schedule I controlled substance under T.C.A. § 39-17-406 — the most restrictive schedule, for substances with a high potential for abuse and no accepted medical use. Manufacturing, delivering, or selling heroin, or possessing it with intent to do so, is a felony under T.C.A. § 39-17-417. Tennessee also treats repeat simple possession of heroin more harshly than most other drugs.

Penalties for Heroin Offenses in Tennessee

Heroin penalties escalate quickly, and prior record matters:

Charge	Classification	Penalty Range (Range I)
Simple possession (1st or 2nd)	Class A misdemeanor	Up to 11 months, 29 days; fine up to $2,500
Simple possession — heroin, with 2+ prior possession convictions	Class E felony	1–6 years
Sale / delivery / possession with intent (Schedule I)	Class B felony	8–30 years; fine up to $100,000
Sale / delivery / possession with intent — 150g or more	Class A felony	15–60 years; fine up to $500,000

Prison ranges shown reflect Range I (standard offender) sentencing. Repeat offenders face Range II or III, which raise the minimum sentence substantially.

The Fentanyl Problem — and the Overdose-Death Charge

Much of what is sold as heroin today contains fentanyl, and that fact reshapes these cases. When a substance involves fentanyl and a delivery results in someone’s death, Tennessee law allows the case to be prosecuted as second-degree murder under T.C.A. § 39-13-210 — a far more serious path than the drug statute alone. Whether the substance actually contained fentanyl, and whether it truly caused the death, become critical, heavily litigated questions.

At the same time, many heroin cases are ultimately about addiction. Tennessee’s Good Samaritan overdose law (T.C.A. § 63-1-156) can provide immunity from certain charges for someone who calls for emergency help during an overdose, and recovery court may offer a treatment-based alternative to incarceration. We look hard for both.

Factors That Can Increase the Penalties

• Overdose deaths. If a delivery involving fentanyl results in death, the State may pursue second-degree murder under T.C.A. § 39-13-210 in addition to drug charges — making early, aggressive defense essential.
• Drug-free school zones. Under T.C.A. § 39-17-432, an offense committed within 500 feet of a school, park, public library, recreation center, or child care center can be charged one classification higher. The zone was reduced from 1,000 feet and judges now have more discretion, but these cases remain serious.
• Firearms. Possessing a firearm during a dangerous felony such as drug trafficking (T.C.A. § 39-17-1324) adds a mandatory, consecutive sentence that begins only after the drug sentence is served.
• Sale to a minor. Selling or delivering to a minor raises the offense by one grade under T.C.A. § 39-17-417(k).
• Prior convictions. Three or more prior Class A or B felony drug convictions can trigger habitual drug offender sentencing (T.C.A. § 39-17-417(l)) — one full range higher, plus a fine of up to $200,000.
• Drug Offender Registry. A felony drug conviction can place your name, birthdate, and offense on Tennessee’s public Drug Offender Registry for ten years.

Defenses to Tennessee Drug Charges

An arrest is not a conviction, and drug cases are often more vulnerable than they first appear. The State has to prove not just that a substance existed, but that you knowingly possessed it and — for the felony charges — intended to sell or deliver it. Depending on the facts, defenses may include:

• Unlawful search or seizure. If police stopped, searched, or detained you without a valid warrant, consent, or probable cause, a motion to suppress can keep the drugs out of evidence — which often ends the case.
• Constructive possession. When drugs are found in a shared car, home, or space, the State must tie them to you specifically. Mere presence near a controlled substance is not enough.
• No intent to sell or deliver. Scales, baggies, or cash are circumstantial. We challenge whether the evidence actually proves distribution rather than personal possession, which carries far lighter penalties.
• Chain of custody and lab testing. The identity and weight of the substance must be reliably established. Gaps in handling or flawed lab analysis can undermine the charge or the classification.
• Entrapment and informant reliability. Many cases arise from undercover operations and confidential informants whose credibility and conduct can be attacked.
• Miranda and statement issues. Statements taken in violation of your rights may be suppressed.
• Causation in death cases. Where the State alleges a fatal overdose, we challenge whether the substance in question actually caused the death and whether the chain from you to the decedent can truly be proven.

Alternatives to a Conviction

For many clients — especially first-time offenders and those whose charges are driven by addiction — the goal is to avoid a conviction altogether. Tennessee offers several paths, and part of our job is identifying which ones you may qualify for:

• Pretrial diversion (T.C.A. § 40-15-105) — charges are held in abeyance and dismissed on successful completion.
• Judicial diversion (T.C.A. § 40-35-313) — a guilty plea is deferred, and the charge is dismissed and eligible for expungement if you complete probation.
• Recovery Court / Drug Court — a structured treatment alternative certified by the Tennessee Department of Mental Health and Substance Abuse Services, available even for some offenses carrying mandatory minimums.
• Expungement (T.C.A. § 40-32-101) — where a case is dismissed, diverted, or otherwise qualifies, we can move to clear it from your record.

Tennessee’s Good Samaritan overdose law (T.C.A. § 63-1-156) can also provide immunity from certain drug charges for a person who seeks emergency medical help during an overdose. If that describes your situation, tell us early — it can change the analysis.