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Understanding Drug Classifications and Penalties
In Tennessee, drug crimes are classified according to the type of substance involved and the amount in possession. The penalties vary greatly depending on the drug category and the specifics of the offense. Drug crimes can encompass several activities, including possession, distribution, trafficking, and manufacturing of illegal substances. Let's break it down further:
- Schedule I Drugs: They include heroin, LSD, and ecstasy. The drugs are said to have the highest possibility for misuse and no accepted medical use.
- Schedule II Drugs: They include drugs such as cocaine, methamphetamine, and prescription opioids like oxycodone. Such drugs have a high potential for abuse but are still allowed in the medical world under strict regulation.
- Schedule III, IV, and V Drugs: These include substances with lower potential for abuse, like anabolic steroids, Xanax, and certain prescription medications.
If you’ve been arrested for any drug-related offense, the classification of the drug and the quantity involved can significantly impact the penalties.
Possible Defenses for Drug Charges
If you've been charged with a drug crime, there are several potential defenses your attorney may use. Some of the most common defenses include:
- Illegitimate Search and Seizure: If the police did not have a warrant or conceivable reason to search you or your property, any evidence they found may be thrown out.
- Ignorance of Drugs: In some instances, you may have been unaware of the drugs, or they may not have been yours.
- Prescription of Medication: If you possess prescription drugs, then you may be able to argue your case in court if you can prove that the drugs were lawfully prescribed for you.
- Entrapment: If the law enforcement agency made you commit the crime of drug, then you can use it as a defense.
- Possession for Personal Use: For some drugs, your defense attorney may argue that you were merely in possession of a small amount for personal use, not for distribution or trafficking.
These defenses and others may reduce or even dismiss the charges you face, so it's important to work with an experienced lawyer who knows the law.