When Do You Go to Jail for Weed in Tennessee? 

 Posted on December 04, 2024 in Drug Crimes

Marijuana laws in Tennessee are some of the strictest in the country. Unlike states that have decriminalized or legalized marijuana, Tennessee continues to impose significant penalties for possessing, selling, or cultivating weed.

Whether you go to jail for marijuana-related crimes depends on the amount involved, what you were trying to do with it, and whether you have a prior criminal history. If you are facing marijuana charges, an experienced Knoxville, TN criminal defense attorney can help you understand your rights and give you the best chance of staying out of jail.

Possession of Marijuana in Tennessee

Simple possession, which refers to having a small amount of marijuana for personal use, is one of the least severe marijuana-related offenses in Tennessee. However, it is still considered a criminal charge.

Jail time for having small amounts of weed is more common if aggravating circumstances exist, such as being caught near a school or having a prior criminal record. However, having two or more possession charges can result in harsher penalties, with a greater likelihood of serving jail time.

When Does Marijuana Possession Become a Felony?

If you are caught with large amounts of marijuana, Tennessee law may assume that you intend to sell or distribute it, which carries felony charges. The amounts and penalties break down as follows: 

• Half an ounce to 10 pounds: Class E felony, punishable by one to six years in prison and fines up to $3,000.

• 10 to 70 pounds: Class D felony, punishable by two to 12 years in prison and fines up to $50,000.

• 70 to 300 pounds: Class B felony, punishable by eight to 30 years in prison and fines up to $200,000.

• More than 300 pounds: Class A felony, punishable by 15 to 50 years in prison and fines up to $500,000.

If you have scales, baggies, or large sums of cash when arrested, prosecutors are more likely to charge you with intent to distribute, increasing the likelihood of jail time.

Is Selling Marijuana to My Friend Illegal in Tennessee? 

Selling marijuana is a felony in Tennessee, regardless of the amount involved. The severity of the punishment depends on where the sale occurred. Selling marijuana within 1,000 feet of a school, park, or daycare is treated more harshly, with enhanced penalties and a higher likelihood of jail time.

Does a Class E Felony Always Mean Jail Time in Tennessee? 

So you got busted selling a small amount of pot to your friend and now you are worried you might end up in jail. But does a Class E felony charge always come with jail time? Not necessarily.

Someone without any prior criminal history who is charged with a first marijuana-related Class E felony in Tennessee might avoid jail time, especially if the offense is nonviolent and involves a relatively small amount of marijuana. Judges often consider alternative sentencing options, such as probation, judicial diversion, or community service for first-time offenders.

Community service for a minor crime usually means doing unpaid work to help the community instead of going to jail. It is common for first-time offenders or small offenses and can involve tasks like picking up trash, helping at a food bank, or cleaning public spaces. You will be given a set number of hours to complete, and may work under the supervision of a court-appointed officer or local organization.

In another alternative to jail time, getting probation means you must follow specific rules set by the court, such as meeting regularly with a probation officer, avoiding criminal activity, and sometimes completing programs like drug treatment or community service. Other conditions might include staying within a certain area, maintaining employment, or attending counseling. If you break any of these rules, you risk having your probation revoked and being sent to jail.

However, factors like the presence of intent to distribute, being caught near a school zone, or other aggravating circumstances could increase the likelihood of jail time. That is why you need an attorney who will argue for the most lenient penalty possible.

Call Our Knox County, TN Drug Charges Defense Lawyer Right Away

In Tennessee, marijuana-related offenses can lead to jail time, particularly for possession of larger quantities, selling, or growing marijuana. Whether you face misdemeanor or felony charges, the penalties are severe and can have lasting consequences.

If you have been arrested for a marijuana-related offense in Knox County or anywhere in Tennessee, contact a skilled Knoxville, TN criminal defense attorney at The Baker Law Firm by calling 865-200-4117. We can help protect your rights and build a strong defense to minimize or avoid jail time.