Tennessee Criminal Lawyer Blog

The criminal defense attorneys at Baker Associates near Gatlinburg, Tennessee, have successfully represented individuals charged with drug offenses, including Sale and Delivery of Schedule II and Possession of Schedule II narcotics.

In Tennessee, controlled substances are categorized into seven classifications--Schedule I, Schedule II, Schedule III, Schedule IV, Schedule V, Schedule VI, and Schedule VII--depending upon various factors including the potential for abuse, the accepted medical use, and the potential for physical or psychological dependence for the particular drug. Generally, if a particular drug has a higher potential for abuse and dependence, it will have a lower schedule number. In other words, a Schedule I controlled substance has the highest potential for abuse and dependence, and a Schedule VII controlled substance has the lowest potential for abuse and dependence.

The following are examples of Schedule II narcotics:
Opium; Codeine; Hydrocodone; Morphine; Cocaine; Methadone; Dihydrocodeine; Amphetamine; Methamphetamine.

Pursuant to Tennessee Code Annotated § 39-17-417, it is a criminal offense in Tennessee for a person to knowingly:
(1) Manufacture a Schedule II controlled substance;
(2) Deliver a Schedule II controlled substance;
(3) Sell a Schedule II controlled substance; or
(4) Possess a Schedule II controlled substance with intent to manufacture, deliver or sell the controlled substance.

It is important to hire a Tennessee criminal defense lawyer if you are charged with Manufacture, Sale, or Delivery of Schedule II controlled substance. The penalties for drug offenses involving Schedule II narcotics are severe. A Schedule II drug offense involving .5 grams or more of cocaine or methamphetamine is a Class B Felony, punishable by 8 to 30 years imprisonment and a maximum fine of $100,000. Any other Schedule II controlled substance, including cocaine and methamphetamine in an amount of less than .5 grams, is a Class C Felony, punishable by 3 to 15 years imprisonment and a maximum fine of $100,000. However, if the amount of cocaine or methamphetamine is less than .5 grams but a deadly weapon was carried or employed during the commission of the offense or if the offense resulted in death or bodily injury to another person, it is a Class B Felony.

If you or a close friend or relative has been charged with Sale and Delivery of a Schedule II Narcotic or another methamphetamine, cocaine, or hydrocodone offense, contact our experienced criminal defense attorneys as soon as possible. Our team of attorneys will work quickly with our legal staff, private investigators, and experts to investigate and prepare your defense.

Sources: Tenn. Code Ann. §§ 39-17-407, 39-17-408, 39-17-417, 40-35-111.