How a drug’s scheduling affects potential penalties for possession

On Behalf of | Jan 14, 2025 | Drug Charges |

Many different substances are subject to strict control or are outright prohibited under federal and state law. The government assigns different charges and penalties to drug offenses depending on the type of substance involved.

The schedule of controlled substances helps classify drugs based on the overall risk they pose and their medical usefulness. The scheduling classification of a drug has a direct impact on the potential penalties a defendant may face.

As the schedule number increases, penalties decrease

Schedule I substances are the most dangerous under the law, while Schedule VI and VII substances pose far less risk. The penalties scale accordingly. For example, a defendant accused of possession or purchase of a Schedule I or II substance could face between two and 15 years in prison for a first offense. A second offense could lead to between five and 30 years in prison.

If the state alleges possession with an intent to distribute Schedule I or II drugs, the penalties possible increase. A first offense could lead to between five and 30 years in prison, while a second offense could carry between 10 and 40 years in prison. Life imprisonment is also a possibility.

Those accused of crimes involving drugs with a less serious schedule classification face lower penalties. A first possession offense involving a Schedule III, IV or V drug could result in between one and five years in prison, while a second conviction could carry between one and 10 years in prison.

Allegations of possessing a Schedule III, IV or V substance with the intent to distribute it to others could lead to between one and 10 years in prison. Cases involving Schedule VI substances could lead to misdemeanor charges that carry up to a year in prison.

Schedule VII only includes butyl nitrite, and the penalties possible include between one and two years in prison.  The state also assesses fines that range from $250 to $5,000 or more depending on the charges and the criminal record of the defendant.

Those accused of possessing, purchasing or intending to sell controlled substances are at risk of life-altering penalties. Even if they secure the minimum sentence possible given the type of drug involved, they have a criminal record that can limit their opportunities in the future.

Fighting drug charges isn’t easy, but it is often a better option than pleading guilty. Defendants who learn more about Tennessee’s laws can make informed decisions when responding to pending criminal allegations.

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