Brooks Law Firm
Marijuana Charges in Memphis — Possession & Sale Defense
Whatever the law says in other states, marijuana remains illegal in Tennessee — and Shelby County prosecutors still bring these cases every day. Simple possession is a misdemeanor at any amount, but once the State alleges an intent to sell, the jump from a misdemeanor to a felony happens faster than most people expect, and a conviction still carries a record that follows you into job applications, housing, and licensing. If you have been cited or arrested on a marijuana charge in Memphis, it is worth defending.
Marijuana charges are one part of our broader drug defense practice. Our Memphis drug charge lawyers defend possession, sale, delivery, and manufacturing cases involving every controlled substance throughout Shelby County and West Tennessee.
How Tennessee Grades Marijuana Offenses
Marijuana is a Schedule VI substance under Tenn. Code Ann. § 39-17-415. Simple possession or casual exchange is a Class A misdemeanor under § 39-17-418 at any amount, and so is distributing a small amount of marijuana, up to half an ounce. Sale, delivery, or possession with intent under § 39-17-417 is graded by weight — a Class E felony from half an ounce (14.175 grams) up to ten pounds, with higher classes at higher weights. Amount alone does not make a felony: the State must prove a sale or delivery, or an intent to sell or deliver, and the amount is only evidence of that intent under § 39-17-419. Hemp-derived and THC-content questions have also made what the substance legally is a genuine issue in some cases.
Penalties at a Glance
| Charge | Classification | Range |
|---|---|---|
| Simple possession / casual exchange (any amount); distributing up to 0.5 oz | Class A misdemeanor | Up to 11 mos 29 days; fine up to $2,500 |
| Sale / delivery / PWID — 0.5 oz up to 10 lbs | Class E felony | 1–6 years |
| Sale / delivery / PWID — over 10 lbs and higher tiers | Class D felony and above by weight | 2–12 years and up |
| Largest quantity tiers | Class B and above | 8–30 years and up |
Fines, mandatory minimums, and enhancements (drug-free zones, firearms, priors) can apply on top of the ranges above; grading depends on the specific subsection charged.
Factors That Can Increase the Penalties
- Drug-free school zones. Under T.C.A. § 39-17-432, a sale, delivery, manufacture, or possession-with-intent offense committed within 500 feet of a school, park, public library, recreation center, or child care center may be charged one classification higher; simple possession is not covered. The 2020 amendments reduced the zone from 1,000 feet and gave judges discretion over the enhancement, and in park, library, recreation center, and child care zones it adds fines but no additional jail time. 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. In federal court, 18 U.S.C. § 924(c) works the same way.
- 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 under 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.
Where Marijuana Cases Are Heard in Shelby County
Most Memphis drug cases begin in the General Sessions Criminal Court divisions at 201 Poplar Avenue. Misdemeanors may be resolved there; felony charges typically move through a preliminary hearing and grand jury presentment into a Shelby County Criminal Court division for arraignment, motion practice, and trial. Cases with federal exposure — larger quantities, firearms, or multi-defendant investigations — may instead be charged in the U.S. District Court for the Western District of Tennessee. Brooks Law Firm appears regularly in each of these courts, and our Memphis drug charge lawyers handle cases from the first appearance through disposition. Where an arrest also produces a seizure of cash, a vehicle, or other property, we contest the taking in the separate forfeiture proceeding — see our civil asset forfeiture defense page.
Defenses We Examine in Every Case
- The stop and the search. Most drug cases begin with a search of a vehicle, a residence, or a person. Whether that search complied with the Fourth Amendment is often the single most important issue in the case — a successful motion to suppress can end the prosecution.
- Actual vs. constructive possession. Drugs found in a shared car, apartment, or bag are not automatically yours. The State must prove you knowingly possessed the substance — proximity alone is not possession.
- Proof of the substance and the weight. A field test is not a conviction. The State must prove through laboratory analysis what the substance is and what it weighs — and weight disputes (packaging, moisture, mixtures) can change the felony class. See our page on challenging drug testing evidence.
- Intent. The line between simple possession and possession with intent often rests on inference — scales, baggies, cash, messages. Each inference can be challenged.
- Hemp vs. marijuana. Legal hemp and illegal marijuana are distinguished by THC concentration — and proving the difference requires quantitative lab analysis the State does not always have.
- Odor-based searches. Cases built on the claimed smell of marijuana raise contestable search issues, particularly where nothing else supported the intrusion.
Where the case involves multiple people or an alleged agreement, the exposure changes substantially — see our page on drug conspiracy defense. And because the difference between a conviction and a dismissal or diversion determines whether the record can ever be cleared, we evaluate expungement and diversion eligibility from the first consultation.
Alternatives to a Conviction
For many clients — especially first-time defendants and those whose marijuana 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. §§ 40-32-106 and -107) — 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.
Frequently Asked Questions
Is marijuana legal in Tennessee?
No. Recreational and medical marijuana remain illegal in Tennessee, and possession of even a small amount is a criminal charge in Shelby County.
Is more than half an ounce a felony?
Not by itself. Simple possession is a Class A misdemeanor at any amount. A felony requires proof of a sale or delivery, or an intent to sell or deliver, and when that is proven the Class E tier begins at half an ounce — which is why weight and intent are the central battlegrounds.
Can I get diversion for a first marijuana charge?
Many first-time defendants qualify for judicial or pretrial diversion, which ends in dismissal and expungement eligibility when completed. Eligibility depends on your record and the charge.
What happens on a first marijuana charge in Memphis?
A first charge for simple possession is a real criminal case, but it is one with real options. It is a Class A misdemeanor under T.C.A. § 39-17-418 no matter the amount, unless the State proves you meant to sell or deliver it, and a large amount can be offered as evidence of that intent. On a conviction the law sets a minimum fine of $250 for a first marijuana offense and $500 for a second, which a judge can lower only for hardship (§ 39-17-428) (§ 39-17-428), plus a separate $250 drug testing fee that is charged on a conviction and also when diversion is granted (§ 39-17-420). A first possession charge can qualify for pretrial or judicial diversion, which ends in a dismissal you can have expunged, and even a conviction can become eligible for expungement five years after the sentence is complete. Bring your citation or bond paperwork to us before the first court date, because what happens there decides which of those paths stays open.
Is marijuana decriminalized in Memphis?
No. Possessing any amount of marijuana is still a Class A misdemeanor under Tennessee law (T.C.A. § 39-17-418), in Memphis and everywhere else in the state. No Tennessee or Shelby County law sets an amount you can carry without being charged, so treat a citation or an arrest as a real criminal case with a real court date. A first charge can still end without a conviction, through diversion or a dismissal, but that result comes from handling the case, not from any rule that the charge does not count.
Are Delta-8, hemp products and THCA legal in Tennessee now?
Some hemp products are legal for adults, under strict rules. Since January 1, 2026, hemp-derived products such as Delta-8 have been regulated by the Alcoholic Beverage Commission: they may be sold only to people 21 or older at licensed locations, they must stay in their original packaging, and making or selling a product over 0.3% total THC, a measure that counts THCA, is a Class A misdemeanor, which bans the sale of high-THCA flower (2025 Pub. Ch. 526). Buying or possessing these products under 21 is an offense on its own. Whether simply possessing THCA flower counts as possessing marijuana is a question Tennessee law has not settled, and the answer may turn on lab testing, so if you were charged over flower you bought as hemp, keep the package and the receipt and talk to us before you plead to anything.
Does an out-of-state medical marijuana card protect me in Tennessee?
No. Tennessee’s drug laws have no medical-card defense, so marijuana that is legal for you at home is illegal here (T.C.A. §§ 39-17-402, -418). The only exception is narrow: certain cannabis oil with less than 0.9% THC, labeled by the manufacturer and carried with proof of a legal order, a diagnosis the statute lists and, for most conditions, a Tennessee letter of attestation (§ 39-17-402(16)(F)). The federal change on April 28, 2026 moved only FDA-approved products and marijuana covered by a state medical license to Schedule III, and a 2026 Tennessee law (Pub. Ch. 789) keeps the state from following federal rescheduling unless the legislature first sets up its own system. If you were charged while traveling with your card, the case is handled like any other possession charge, and the usual first-offense options, including diversion, are still available.
Can police search my car because they smell marijuana?
Officers often give the smell of marijuana as the reason they searched a car, and that reason is one of the first things we test. Adults 21 and older can now legally buy hemp flower from licensed sellers in Tennessee (2025 Pub. Ch. 526), and the legal line between hemp and marijuana is THC content, which takes a lab to measure, so we argue that an odor alone does not tell an officer which one is in the car. If a court finds the search was not lawful, a motion to suppress can keep out what was found, but whether that argument wins depends on everything else that happened at the stop. Write down what the officer said and did while you still remember it, and do not discuss the search with anyone but your lawyer.
Talk to a Memphis Drug Charge Lawyer
If you or a family member has been arrested on a drug charge in Memphis, Shelby County, or the surrounding West Tennessee area, contact Brooks Law Firm before your first court date. Call our office at (901) 324-5000, or call or text the criminal defense line at 901-412-2973. Our office is located at 2299 Union Avenue, Memphis, TN 38104, in Midtown Memphis. Spanish-language services are available. Se habla Español.
Disclaimer: This page provides general information about Tennessee law, last reviewed October 2026, and is not legal advice. Reading this page does not create an attorney-client relationship. Offense grading and penalties depend on the substance, the amount, the specific subsection charged, and prior convictions, and statutes may be amended after the date above. If you have been charged with a drug offense, contact a qualified Tennessee attorney about the specific facts of your matter.