Tennessee Hydrocodone Offense Attorneys

Hydrocodone

Hydrocodone is a prescription medication administered in pill and liquid form to treat pain and coughing. It is marketed under such brand names as Vicodin, Symtan, Anexsia, Dicodid, Hycodan (or generically Hydromet), Hycomine, Hycet, Lorcet, Lortab, Norco, Novahistex, Hydrovo, Duodin, Kolikodol, Orthoxycol, Mercodinone, Synkonin, Norgan, and Hydrokon. These are all controlled substances in the state of Tennessee.

The distribution and possession of hydrocodone is illegal in Tennessee and is classified as a Schedule II controlled substance because it has a high potential for abuse and addiction. Punishments for hydrocodone possession, manufacture or distribution vary depending on the amount found in the possession of the defendant. Consequences can include several years in prison, steep fines, supervised release and restitution.

If you have been charged with possession, manufacture or distribution of hydrocodone, you will want an experienced trial attorney who has the knowledge and skill to mount a strong defense to the prosecution's case against you. We are knowledgeable in both federal and Tennessee drug laws and have a proven track record of success in defending clients against drug-related charges.

Simple Possession or Casual Exchange of Hydrocodone

Under T.C.A. ยง 39-17-418, it is an offense for a person to knowingly possess or casually exchange hydrocodone, unless the substance was obtained directly from, or pursuant to, a valid prescription or physician's order.

Possession can be either actual or constructive. A person who knowingly has direct physical control over a drug at a given time is in actual possession of it. On the other hand, a person who does not have actual possession but knowingly has both the power and intention at any given time to exercise dominion and control over the controlled substance is in constructive possession of it. For example, a jury could infer that a homeowner was in constructive possession of hydrocodone if it was found on the defendant's coffee table.

With regard to casual exchange, courts allow an inference for possession without intent to sell, distribute or manufacture when there is only a relatively small amount of the controlled substance in the defendant's possession. To qualify as a casual exchange, the exchange can either be a gift or a transfer of possession in consideration for something else in return. The "casual" aspect of casual exchange means that the exchange did not involve the transfer of money.

Simple possession or casual exchange of hydrocodone is a Class A misdemeanor for the first two convictions. A Class A misdemeanor conviction carries a conviction of no greater than a year in jail and no more than a $2,500 fine, unless the casual exchange was between a minor and an adult who is at least two years older than the minor. Where the exchange was with a minor, the crime is classified as a felony, which carries longer prison sentences and steeper fines. Moreover, a person convicted of possession of hydrocodone on two prior occasions, commits a felony on the third conviction.

Sale, Delivery or Manufacture of Hydrocodone

Under T.C.A. ยง 39-17-417, it is an offense for a person to knowingly sell, deliver or manufacture hydrocodone. The code also provides that it is a crime to possess hydrocodone with intent to sell, deliver or manufacture the substance. Under the law, jurors are permitted to infer intent to sell, deliver, or manufacture hydrocodone from the facts and circumstances of the case along with the amount of controlled substance found in the defendant's possession.

Since hydrocodone is listed as a Schedule II drug, a conviction under subsection 417 is classified as a Class C felony, which carries a potential jail sentence between 3 and 15 years and a fine of no more than $100,000. However, if the amount of hydrocodone in the defendant's possession was greater than 200 grams, then the crime is elevated to a Class B felony with fines of up to $200,000. If convicted under the same section with over 2000 grams, it is a Class A felony with fines of up to $500,000.

Protecting the Rights of Our Clients

If you have been charged with a drug crime involving hydrocodone or any other controlled substance in the state of Tennessee, protect your rights. Contact our Knoxville hydrocodone offense attorneys at Baker Associates, now.

Complete the form below if you have been charged with possessing or selling hydrocodone. A Sevierville hydrocodone possession defense attorney at our office near Knoxville and Pigeon Forge will contact you soon.

* indicates a required field



Message
Anti-spam question:

Knox County
2126 First Tennessee Plaza
800 South Gay Street
Knoxville, Tennessee 37929
Phone: 865-521-0001

Sevier County
121 Court Avenue
Sevierville, Tennessee 37862
Phone: 865-428-2888

Washington County
300 East Main Street
Johnson City, Tennessee 37601