Drug-related offenses can be difficult to navigate, especially when an offense could be classified as more than one crime.
In Tennessee, laws are strict and punishments can be severe, so it is critical to understand the differences between crimes and to know when an offense can escalate to a more serious one.
Drug possession vs. trafficking
Drug possession typically refers to the unlawful (illegal) possession of controlled substances. This can include illegal drugs, prescription medications without a valid prescription and other state and federal regulated substances.
Drug trafficking, on the other hand, involves selling, distributing or transporting illegal drugs. Trafficking charges are more serious and carry harsher penalties than drug possession.
When does possession become trafficking?
The transition from a possession charge to a trafficking charge is determined primarily by the amount of the controlled substance in question; that is, the amount of the drug. Tennessee law specifies the weight threshold for drugs that, when exceeded, result in trafficking charges. For example:
- Possession of more than 14 grams of marijuana can result in trafficking charges.
- Possession of more than 0.5 grams of cocaine can result in trafficking charges.
- Possession of more than 0.5 grams of heroin can also lead to trafficking charges.
There are other factors that can influence whether a possession charge is elevated to a trafficking charge. For example, if the individual clearly had the intent to distribute or had a prior criminal record, the prosecution may elevate the person’s charges and they may be dealing with a much more severe situation.
If you or someone you know faces drug charges, whether possession or trafficking, it is critical to secure legal counsel immediately and to not speak to law enforcement without your attorney present, as anything you say can and will be used against you.
Remember, being informed, knowledgeable and proactive can make a significant difference in the outcome of anyone’s case.
