Tennessee Methamphetamine Crime Defense Attorneys

Methamphetamine

Methamphetamine has several names including "crank", "meth", "ice", "crystal", "crystal meth", and "glass". It is consumed by a variety of means, such as smoking, injecting, or snorting. The possession, manufacture, or distribution of methamphetamine in Tennessee is illegal and is classified as a Schedule II controlled substance because it has a high potential for abuse and addiction. Punishments for methamphetamine 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 methamphetamine, 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 state drug laws and have a proven track record of success in defending clients against drug-related charges.

Simple Possession or Casual Exchange of Methamphetamine

Under T.C.A. ยง 39-17-418, it is an offense for a person to knowingly possess or casually exchange methamphetamine, 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 meth 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 methamphetamine is in constructive possession of it. For example, a jury could infer that a homeowner is in constructive possession of methamphetamine when, upon investigation, there is found to be methamphetamine stored in a shoe box in the homeowner's closet.

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 methamphetamine 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 drug crime in Tennessee, which carries longer prison sentences and steeper fines. Moreover, a person convicted of possession of methamphetamine on two prior occasions, commits a felony on the third conviction.

Sale, Delivery or Manufacture of Methamphetamine

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

Since methamphetamine 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 methamphetamine in the defendant's possession was greater than .5 grams, then the crime is elevated to a Class B felony, which carries a longer prison sentence. Moreover, the law also provides that possession of 26 grams of methamphetamine or more results in a $200,000 fine and a Class B felony conviction, while possessing over 300 grams or more of methamphetamine results in a $500,000 fine and a Class A felony conviction.

Protecting the Rights of Our Clients

If you have been charged with a drug crime involving methamphetamine or any other controlled substance, the Tennessee meth crime defense lawyers at Baker Associates, serving the Sevierville and Knoxville areas, will diligently protect your rights.

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

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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