Despite Changes Elsewhere, Marijuana Penalties Remain Tough in Tennessee

Those facing possession of marijuana, possession of marijuana with intent to distribute, and sale of marijuana face stiff penalties in Tennessee. In the United States more than half of drug arrests are related to marijuana, but despite the threat of fines and jail time many people favor use of the substance. Some believe federal and state polices are misdirected. In recent years cities like New York and Chicago and now states like Washington and Colorado are deciding whether criminal penalties for the possession of small amounts of marijuana are an effective deterrent or poor policy. Even in Tennessee questions about the state's policy are beginning to sprout.

Tennessee Drug Arrests

According to the report Marijuana in Tennessee, the state of Tennessee ranks 11th in the country in arrests related to marijuana. In 2007 there were more than 23,000 arrests for marijuana offenses in Tennessee, which is an arrest rate of 377 per 100,000 residents. Moreover, marijuana arrests account for the majority of all drug arrests in Tennessee, and marijuana-possession arrests account for more than 80 percent of marijuana arrests in the state. The number and proportion of marijuana arrests in Tennessee may be related to what is an actionable amount in the state. A person in Tennessee can be arrested for possessing as little as a half ounce of marijuana or less.

Tennessee Marijuana Possession Laws

In Tennessee, possession of a half ounce of marijuana or less for personal use is a Class A misdemeanor and a person convicted of the charge can face up to a year in jail and a fine of up to $2,500. Someone charged with a first offense faces a minimum fine of $250, and a person charged with a second offense faces a mandatory fine of at least $500. In Tennessee the third offense is a felony and a conviction carries a minimum fine of $1,000 and between one and six years in prison.

Those charged with the sale or possession with intent to distribute also face stiff penalties. For example, sale or possession with the intent to distribute between a half ounce and 10 pounds of marijuana is a Class E felony. A person with such a charge faces a fine of up to $5,000 and one to six years in prison.

Some cities and states are not convinced that harsh penalties are effective in policing the possession of small amounts of marijuana and have passed or will consider measures to decriminalize possession of small amounts. Large cities like Chicago and New York City have both passed measures to decriminalize the possession of small amounts of marijuana. Fourteen states including California and Massachusetts have followed a similar route, and the electorates of Washington, Oregon, and Colorado will decide whether to legalize marijuana in the fall. Decriminalization may also eventually be considered in Tennessee, as there are already hints of it.

Recently, a medical marijuana bill sponsored by Rep. Jeanne Richardson (D-Memphis) was given a hearing by the House Health and Human Resources Committee. The past wife of former Vanderbilt chancellor Gordon Gee, Constance Gee, testified on her use of medical marijuana to combat the symptoms of Meniere's disease, an inner-ear disease. The measure did not pass, but it is a nod that legislators in the state are re-thinking polices towards marijuana.

If you are arrested on marijuana possession or other drug charges, contact an experienced criminal defense attorney for help navigating the legal process.