Drug Crimes

If you have been arrested on drug charges in Davidson County or the surrounding counties, you are likely facing a frightening and uncertain future. Tennessee has some of the strictest drug laws in the country, and prosecutors often pursue these cases aggressively. Whether you were found with a small amount of marijuana or are facing a major felony indictment for trafficking, the consequences of a conviction can be permanent affecting your freedom, your finances, and your ability to work.

At Nicholson & Hall, PLLC, we understand that good people can find themselves in bad situations. We provide aggressive, non-judgmental representation to clients. Below is a breakdown of the most common drug charges we handle and what you need to know about them.

1. Simple Possession

In Tennessee, "Simple Possession" is one of the most common drug offenses. Under T.C.A. § 39-17-418, it is illegal to knowingly possess or casually exchange a controlled substance without a valid prescription. For first-time offenders, simple possession is generally a Class A Misdemeanor.

• Simple Possession: This is typically charged when law enforcement finds a small amount of drugs (such as marijuana, cocaine, or prescription pills) that appears to be for personal use rather than for sale.
• Casual Exchange: If you share a small amount of drugs with a friend without money changing hands, it may be considered "casual exchange" rather than a felony sale, though it still carries criminal penalties.

Even a misdemeanor conviction can leave a permanent mark on your record. We work to challenge the search and seizure that led to the arrest or negotiate for diversion programs that can keep your record clean.

2. Possession with Intent to Sell or Deliver (Resale)

When the quantity of drugs found exceeds what is considered "personal use," or if police find items like digital scales, baggies, or large amounts of cash, the charge is often elevated to a felony under T.C.A. § 39-17-417. These are felony offenses, ranging from Class E to Class A felonies depending on the type of drug (Schedule I, II, VI, etc.) and the weight involved. These charges carry mandatory minimum fines and the potential for significant prison time. 

• Possession with Intent: You do not have to be caught in the act of selling drugs to be charged with this crime. "Intent" is often inferred based on the circumstances of the arrest.

3. Drug Manufacturing & Cultivation

Manufacturing involves producing a controlled substance, while cultivation specifically refers to growing marijuana plants.

• The Charge: This includes operating a methamphetamine lab, pressing pills, or growing cannabis. Under Tennessee law, even the "initiation of a process" intended to result in the manufacture of methamphetamine is a serious crime.
• The Penalty: According to T.C.A. § 39-17-417, penalties are severe and often based on volume. For marijuana cultivation, the severity jumps based on the number of plants:
  • 10–19 plants: Class D Felony
  • 20–99 plants: Class C Felony
  • 100+ plants: Class B or A Felony

4. Drug Trafficking & Conspiracy

Drug trafficking is the most serious tier of drug offenses in Tennessee and often involves federal agencies like the DEA in addition to local police.

Trafficking usually refers to the sale, delivery, or manufacture of large quantities of controlled substances. Conspiracy occurs when two or more people agree to commit a drug crime, even if the crime is never fully completed. In a conspiracy case, you can be held responsible for the actions of everyone else involved in the operation. 

Why Hire Nicholson & Hall, PLLC to Fight Your Case?

When your freedom is on the line, you cannot afford to go it alone. The legal system is complex, and the police and prosecutors are already building their case against you. Here is why clients in Nashville trust Nicholson & Hall, PLLC to protect their future:

• Local Experience: We know the Davidson County and all surrounding county courts, judges, and prosecutors. We understand how local drug task forces operate and where they make mistakes.
• Constitutional Defense: Drug cases often hinge on the Fourth Amendment. If the police stopped your car illegally, searched your home without a valid warrant, or coerced a confession, we will file motions to suppress that evidence and get your case dismissed.
• Holistic Approach: We look at the person, not just the charge. Whether it’s fighting for a dismissal or negotiating a plea that involves rehabilitation instead of jail time, we tailor our strategy to get the best possible outcome for you.

Don’t let a drug charge ruin your life. 

Contact Nicholson & Hall, PLLC today at 615-913-3932 for a confidential consultation.