Memphis Marijuana Defense Attorney

Despite changing attitudes and legalization in other states, marijuana remains illegal in Tennessee. Possessing any amount is a crime, and selling, delivering, or growing it is a felony whose penalties climb steeply with weight. Tennessee also does not distinguish between a commercial sale and simply sharing with a friend — both can be charged as distribution.

Many marijuana cases begin with a traffic stop or a search of a car, home, or backpack. That makes how the search was conducted one of the most important issues in the case. Brooks Law Firm defends marijuana possession and distribution charges throughout Memphis and West Tennessee.

Marijuana Is Still a Controlled Substance in Tennessee

Marijuana is a Schedule VI controlled substance under T.C.A. § 39-17-415. Tennessee allows only a narrow medical exception for low-THC CBD oil and a regulated market for certain hemp-derived products; traditional marijuana flower remains off-limits. Possession of half an ounce (14.175 grams) or less is a misdemeanor under T.C.A. § 39-17-418, while larger amounts — or any amount held with intent to sell — move into felony territory under T.C.A. § 39-17-417.

Penalties for Marijuana Offenses in Tennessee

Marijuana penalties are tied to weight (and, for cultivation, plant count):

Charge	Classification	Penalty Range (Range I)
Simple possession — ½ oz or less (1st offense)	Class A misdemeanor	Up to 11 mo, 29 days; min fine $250, up to $2,500
Casual exchange — ½ oz or less	Class A misdemeanor	Up to 11 mo, 29 days; fine up to $2,500
Sale / delivery / cultivation — ½ oz to 10 lbs	Class E felony	1–6 years; fine up to $5,000
Sale / delivery / cultivation — 10 to 70 lbs	Class D felony	2–12 years; fine up to $50,000
Sale / delivery / cultivation — 70 to 300 lbs (or 100–499 plants)	Class B felony	8–30 years; fine up to $100,000
Sale / delivery / cultivation — 300 lbs or more (or 500+ plants)	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.

Possession, Constructive Possession, and “Intent to Sell”

The line between a misdemeanor and a felony marijuana charge is thin. Half an ounce is the threshold, but the State can also charge felony intent to sell at lower weights if it points to scales, individually packaged bags, or large amounts of cash. Part of the defense is showing that possession was for personal use, not distribution.

Constructive possession is a recurring issue. When marijuana is found in a shared vehicle or residence, officers may charge everyone present. But the State must prove that a specific person knew about and controlled the substance — not merely that they were nearby. That distinction wins cases.

There is also a real difference between illegal marijuana and legal hemp or CBD. Because they can look and smell alike, disputes over testing and THC concentration can matter, particularly when probable cause for a search rested on odor alone.

Factors That Can Increase the Penalties

• 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.
• Odor-based stops and searches. With legal hemp now common, a search justified only by the smell of “marijuana” may be open to challenge.

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.