TACDL
National Association of Criminal Defense Lawyers
Tennessee Bar Association
National College of DUI Defense
iapp
DUI Defense Lawyers Association

Cocaine and Methamphetamine

Cocaine

Cocaine is a central nervous system stimulant and the possession, cultivation, or distribution of cocaine is illegal in all fifty states. In Tennessee, cocaine is listed as a Schedule II controlled substance because of the high potential for abuse and addiction. Punishments for cocaine possession, cultivation or distribution vary depending on the amount found in the defendant’s possession and the consequences can include several years in prison, steep fines, supervised release, and restitution.

If you have been charged with possession, cultivation or distribution of cocaine, you will want an experienced criminal defense 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 of Cocaine

If you are charged with simple possession or casual exchange of cocaine, you are facing a misdemeanor conviction. This should not be taken lightly because possession of cocaine is a Class A misdemeanor and the penalties may include up to one year in jail and as much as $2,500 in fines for a first offense.

In addition to jail time and/or fines, a person charged with possession or casual exchange of cocaine may be required to attend a drug offender school or may be required to perform community service work at a drug or alcohol rehabilitation or treatment center.

Sale, Delivery or Cultivation of Cocaine

Under T.C.A. § 39-17-417, it is an offense for a person to knowingly sell, deliver, or cultivate cocaine; or to possess cocaine with intent to sell, deliver, or cultivate the substance.

Cocaine is listed as a Schedule II drug and a conviction under Section 417 ordinarily results in a Class C Felony, which carries a potential jail sentence between three and 15 years and a fine up to $10,000. However, cocaine is treated differently and severely penalized. If the amount of cocaine in the defendant's possession was greater than .5 grams, then the crime is a Class B felony, which carries a potential jail sentence of eight to 30 years and up to a $25,000 fine.

The penalties will increase as the quantity of cocaine increases. If you are charged with an offense involving cocaine, it is crucial that you call the Nashville drug defense attorneys at Baker Associates.

Methamphetamine

Methamphetamine is known by 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. It is classified as a Schedule II controlled substance because it has a high potential for abuse and addiction.

Simple Possession of Methamphetamine

Normally, a simple possession and casual exchange charge is a Class A misdemeanor and the prosecutors can exercise discretion when it comes to the punishment, but the defendant may not serve a jail sentence that exceeds 11 months and 29 days if convicted. However, the prosecutor’s discretion is severely limited if the defendant is convicted of possessing any amount of methamphetamine. T.C.A. § 39-17-418 creates a statutory minimum that requires the defendant to serve 30 days in jail and the defendant must serve 100% of that sentence.

Sale, Delivery or Manufacture of Methamphetamine

Under T.C.A. § 39-17-417, it is an offense for a person to knowingly sell, deliver or manufacture methamphetamine.

A conviction under this statute would normally result in a Class C felony, however, like cocaine, methamphetamine is treated differently. 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 potential jail sentence of eight to 30 years and up to a $25,000 fine. The penalties under this statute increase with the quantity. Possession of 26 grams or more of methamphetamine 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.

Lastly, if you are convicted of manufacturing meth under this statute then you will be sentenced to a minimum 180 days in jail.

Protecting Our Clients

If you have been charged with a drug crime involving cocaine or methamphetamine, contact us to discuss the possibility of diversion or an outright dismissal.