A marijuana charge calls for close examination of the police encounter, the alleged substance, and the evidence supporting possession. At Law Office of Joseph A. Fanduzz, we represent people facing drug crimes. What we uncover shapes a defense strategy tailored to the client’s circumstances.
Joseph Fanduzz has been a member of the National Criminal Defense College since 2012. His trial background guides how we investigate evidence, evaluate possible resolutions, and prepare marijuana possession cases for court.
Call (865) 896-9971 for a free initial consultation about your marijuana possession charge.
Penalties for Marijuana Possession Under Tennessee Law
Under Tennessee Code Annotated § 39-17-418(a), knowingly possessing or casually exchanging marijuana without a valid prescription is an offense. Simple possession generally means possessing less than one-half ounce for personal use. Unless an enhancement applies, the offense is usually charged as a Class A misdemeanor.
Potential consequences of a simple possession conviction include:
Up to eleven months and twenty-nine days of incarceration
A fine of up to $2,500
A mandatory minimum fine of $250 for a first conviction
A mandatory minimum fine of $500 for a second conviction
A mandatory minimum fine of $1,000 for a third or subsequent conviction
An allegation involving one-half ounce or more may lead to a felony charge under Tennessee’s statute covering manufacture, delivery, sale, or possession with intent. The amount isn’t always the only issue. Officers and prosecutors may also cite packaging, scales, or cash as alleged evidence of intent.
The precise charge and possible sentence depend on the statute applied, any alleged enhancement, and the facts supporting the accusation. We identify each element the prosecution must prove and test the evidence of possession or intent.
What Happens After a Marijuana Arrest in Knoxville
Marijuana possession cases generally begin in Knox County General Sessions Court with an initial appearance and preliminary proceedings. More serious matters may move to Knox County Criminal Court. We explain the charge, possible penalties, and each stage between the first court date and a resolution.
Our investigation and preparation may include:
Reviewing the initial contact: We examine why officers approached the client, initiated a traffic stop, or entered a home.
Analyzing the evidence: We review police reports, body-camera footage, and available lab results for inconsistencies or evidentiary issues.
Evaluating constitutional concerns: We consider whether officers respected constitutional limits during searches, seizures, and other encounters.
Preparing for court: We assess the prosecution’s evidence and prepare for trial while considering available resolutions.
We often negotiate with the Knox County District Attorney’s Office regarding reduced charges, diversion, or alternative sentencing. Diversion may allow an eligible person to avoid a permanent conviction after meeting court-ordered conditions. A reduction, diversion, or dismissal depends on the evidence, criminal history, and individual circumstances.
Discuss Your Marijuana Charge with Our Firm
We’re available 24/7 and offer free initial consultations. We can review the arrest, upcoming court dates, and evidence that may affect your defense.
Additional Consequences Under Tennessee Marijuana Law
Tennessee doesn’t have a legal recreational or medical marijuana program, and it doesn’t recognize medical marijuana cards issued by another state. Possession may therefore result in a criminal charge even when someone obtained marijuana legally elsewhere.
Tennessee law can increase penalties for certain drug offenses committed in a designated drug-free zone, including qualifying areas near schools. Whether an enhancement applies depends on the alleged location, offense, and evidence establishing the zone’s boundaries.
In addition to fines or incarceration, a simple possession conviction may require attendance at a drug offender school or community service at a drug or alcohol rehabilitation or treatment center. A conviction also creates a criminal record that employers and professional licensing authorities may consider. These potential effects make it important to evaluate the evidence and available options before deciding how to address the charge.
“Mr. Fanduzz is committed to nothing but the BEST outcome for his clients.”
Nearly two years ago, I was charged with DUI and Speeding. Due to my occupation, a conviction could be detrimental to my career. I contacted Mr. Fanduzz and he was able to have my case placed on Judicial Diversion, which required me to serve only one year supervised probation (reduced from two years) and court cost. I retained my drivers license and did not have to purchase expensive car insurance.
Unfortunately, while on probation, I was charged with two counts of assault and aggravated assault. Along with these new charges, I also faced violation of my probation and the original DUI. All charges were considered Felonies at this point. There was no hesitation in hiring him to represent me again. Mr. Fanduzz not only kept me well informed, he also skillfully and agressively argued on my behalf. He arranged for my probation and judicial diversion to be reinstated and the felony assault charges to be dismissed in exchange for a plea to a misdemeanor offence.
Needless to say, I highly recommend Mr. Fanduzz because of his attention to detail and commitment to have the BEST possible outcome for his clients.
NACDL
