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Tennessee Marijuana Laws
Marijuana Charges |
Tennessee maintains strict laws regarding marijuana. Any person charged with a misdemeanor in a drug case will be subject to mandatory minimum fines ranging between $250 and $1,000, depending on the number of the defendants’ previous offenses. Any individual charged with a felony in a drug case will be subject to mandatory minimum fines ranging between $2,000 and $5,000 depending on the amount of previous offenses. Individuals being charged with the sale, cultivation, distribution, or possession of marijuana are urged to seek the help of a marijuana lawyer or marijuana attorney.
The Drug Enforcement Administration has estimated an annual harvest of almost 700,000 lbs of marijuana yearly, which is estimated to sell for between $3 billion dollars and $4.8 billion dollars at retail value. In 2002, the state of Tennessee logged 13,486 arrests due to marijuana-related crimes, totaling 5% of the total statewide arrests for the year. Of these arrests, 11,473 were for possession, whereas 2,013 were for sale.
Medical Marijuana Users
Tennessee also does not recognize marijuana as an approved medicinal drug; therefore, any person found in possession of marijuana will be subject to criminal charges for possession.
Non-Medical Users:
Although some Tennessee lawmakers have been lobbying, the state has yet to pass any law in favor of the legalization of marijuana as a medicinal drug. Because of this, any individual found in possession of marijuana will be considered a recreational drug user, and charged in a criminal manner. Sentences and penalties can be found in detail in the charts below.
Penalties for Marijuana Use, Possession and Sale in Tennessee:
Possession:
|
Possession of any quantity |
Misdemeanor |
Penalties include incarceration for a period of up to one (1) year with a fine of $2,500 |
|
First-time offenders will receive a mandatory minimum fine of at least $250. Second-time offenders will receive a mandatory minimum fine of at least $500. Any repeat offense after the second will receive a mandatory minimum fine of at least $1,000. |
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Sale:
|
Sale of between ½ oz and 10 lbs |
Felony |
Penalties include incarceration for one to six (1-6) years with a fine of $5,000 |
|
Sale of between 10 lbs and 70 lbs |
Felony |
Penalties include incarceration for two to twelve (2-12) years with a fine of $5,000 |
|
Sale of between 70 lbs and 300 lbs |
Felony |
Penalties include incarceration for eight to thirty (8-30) years with a fine of $200,000 |
|
Sale of greater than 300 lbs |
Felony |
Penalties include incarceration for fifteen to sixty (15-60) years with a fine of $500,000 |
|
Sale to a minor in an area within 1,000 ft of a school |
Felony |
Normal penalties (determined by amount of marijuana found) will increase incarceration period and fine by one level |
|
Sale of ½ oz or less will be charged under the same standards as possession. First-time felony convictions will receive a mandatory minimum fine of at least $2,000. Second-time felony convictions will receive a mandatory minimum fine of at least $3,000. Any repeat felony conviction after the second will receive a mandatory minimum fine of at least $5,000. |
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Growing Marijuana:
|
Cultivation of 10 plants or less (under the condition that each plant weighs between ½ oz and 10 lbs) |
Felony |
Penalties include incarceration for one to six (1-6) years with a fine of $5,000 |
|
Cultivation of between 10 and 19 plants |
Felony |
Penalties include incarceration for two to twelve (2-12) years with a fine of $50,000 |
|
Cultivation of between 20 and 99 plants |
Felony |
Penalties include incarceration for three to fifteen (3-15) years with a fine of $100,000 |
|
Cultivation of between 100 and 499 plants |
Felony |
Penalties include incarceration for eight to thirty (8-30) years with a fine of $200,000 |
|
Cultivation of greater than 500 plants |
Felony |
Penalties include incarceration for fifteen to sixty (15-60) years with a fine of $500,000 |
|
First-time felony convictions will receive a mandatory minimum fine of at least $2,000. Second-time felony convictions will receive a mandatory minimum fine of at least $3,000. Any repeat felony conviction after the second will receive a mandatory minimum fine of at least $5,000. |
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Marijuana Paraphernalia:
|
Possession of paraphernalia |
Misdemeanor |
Penalties include incarceration for one (1) year with a fine of $2,500 |
|
Sale of paraphernalia |
Felony |
Penalties include incarceration for one to six (1-6) years with a fine of $3,000 |
Penalties for Driving Under the Influence of Marijuana
The state of Tennessee currently has no specific laws regarding Driving Under the Influence of Drugs (DUID). Any individual found operating a motor vehicle while under the influence of marijuana may be charged with driving while under the influence (similar to a charge for drunk driving).
Legal Help with a Marijuana Offense
A marijuana lawyer from the state of Tennessee can further explain legal insight and up-to-date laws and trends in marijuana cases. In the case that a marijuana lawyer or marijuana attorney cannot be accessed due to financial restrictions, court-ordered counsel can be provided. Seeking the advice of a marijuana attorney is recommended to provide more insight that is detailed and to finalize unsettled issues in the case.