Tennessee Criminal Lawyer Blog

Marijuana laws in Tennessee are very complex. If you are charged with a Marijuana Offense, it is important to contact a Tennessee Criminal Lawyer immediately. Our Tennessee Drug Attorneys have much experience handling marijuana offenses in the Knoxville, Gatlinburg, Sevierville, and Pigeon Forge area.

The severity of the marijuana charge committed in Tennessee depends upon numerous factors. One factor is the classification of the controlled substance. In Tennessee, drugs are classified based upon seven schedules. Another factor is how the defendant was using the drug. This could include anything from simple possession of marijuana to either selling or manufacturing marijuana.

Marijuana is considered to be a schedule VI drug. According to the Tennessee Code Annotated, the following drugs are also classified as schedule VI controlled substances:

• Tetrahydrocannabinols; and

• Synthetic equivalents of the substances contained in the plant, or in the resinous extractives of Cannabis, sp. and/or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity, such as the following:

(A) 1 cis or trans tetrahydrocannabinol, and its optical isomers;

(B) 6 cis or trans tetrahydrocannabinol, and its optical isomers; or

(C) 3, 4 cis or trans tetrahydrocannabinol, and its optical isomers.

Since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions covered. 39-17-415 (2007).

Since marijuana is a controlled substance in Tennessee, it is a criminal offense for someone to knowingly:

• manufacture marijuana

• deliver marijuana

• sell marijuana

• possess marijuana with intent to manufacture, deliver, or sell marijuana.

A violation of the above with respect to a Schedule VI controlled substance classified as marijuana containing not less than one-half (1/2) ounce (14.175 grams) nor more than ten pounds (10 lbs.) (4535 grams) of marijuana, or a Schedule VI controlled substance defined as a non-leafy, resinous material containing tetrahydrocannabinol (hashish), containing not more than two pounds (2 lbs.) (905 grams) of hashish is a Class E felony and, in addition, may be fined not more than five thousand dollars ($5,000).

A violation of the above with respect to a Schedule VI controlled substance classified as marijuana and containing between ten pounds (10 lbs.), one gram (4536 grams) of marijuana and seventy pounds (70 lbs.) (31,696 grams) of marijuana, or a Schedule VI controlled substance defined as a non-leafy, resinous material containing tetrahydrocannabinol (hashish) and containing not less than two pounds (2 lbs.), one gram (906 grams) nor more than four pounds (4 lbs.) (1810 grams) of hashish, or a Schedule VI controlled substance classified as marijuana consisting of not less than ten (10) marijuana plants nor more than nineteen (19) marijuana plants, regardless of weight, is a Class D felony and, in addition, may be fined not more than fifty thousand dollars ($50,000).

A violation of the above with respect to a Schedule VI controlled substance defined as a non-leafy, resinous material containing tetrahydrocannabinol (hashish) and containing not less than four pounds (4 lbs.), one gram (1811 grams) nor more than eight pounds (8 lbs.) (3620 grams) of hashish, or a Schedule VI controlled substance classified as marijuana consisting of not less than twenty (20) marijuana plants nor more than ninety-nine (99) marijuana plants, regardless of weight, is a Class C felony and, in addition, may be fined not more than one hundred thousand dollars ($100,000).

A violation of the above with respect to the following amounts of a controlled substance, or conspiracy to violate the above with respect to such amounts, is a Class B felony and, in addition, may be fined not more than two hundred thousand dollars ($200,000):

• Not less than seventy pounds (70 lbs.), (31,697 grams) nor more than three hundred pounds (300 lbs.) (136,050 grams) of any substance containing marijuana, or a Schedule VI controlled substance defined as a non-leafy, resinous material containing tetrahydrocannabinol (hashish) and containing not less than eight pounds (8 lbs.), one gram (3621 grams) nor more than fifteen pounds (15 lbs.) (6,792 grams) of any substance containing hashish, or not less than one hundred (100) marijuana plants nor more than four hundred ninety-nine (499) marijuana plants, regardless of weight.

A violation of the above with respect to the following amounts of a controlled substance, or conspiracy to violate the above with respect to such amounts is a Class A felony and, in addition, may be fined not more than five hundred thousand dollars ($500,000):

• Three hundred pounds (300 lbs.) (136,050 grams) or more of any substance containing marijuana, or a Schedule VI controlled substance defined as a non-leafy, resinous material containing tetrahydrocannabinol (hashish) and containing not less than fifteen pounds (15 lbs.), one gram (6,793 grams) of any substance containing hashish, or five hundred (500) or more marijuana plants, regardless of weight. Tenn. Code Ann. 39-17-417 (2007).

If you or someone you know is charged with a Marijuana Offense, please contact a Tennessee Attorney as quickly as possible so that a thorough investigation can be made into the charges.