TACDL
National Association of Criminal Defense Lawyers
Tennessee Bar Association
National College of DUI Defense
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Schedule I Narcotics

Heroin

Heroin is an opioid drug processed from morphine and used for its euphoric effects. The drug is highly addictive and repeated long-term use changes the physical structure and physiology of the brain. Moreover, continued abuse leads to a tolerance for the drug, requiring increased dosages to achieve the same effects. Due to heroin’s ability to create a physical dependence, it is extremely difficult to quit. At Baker Associates, we recognize that the dangers associated with heroin extend beyond legal trouble and we are prepared to assist you in any way we can.

Ecstasy

Ecstasy is a renowned party drug that contains the active ingredient MDMA (3,4-methylenedioxymethamphetamine) and is a semisynthetic member of the amphetamine class of psychoactive drugs. The drug has a tendency to produce a sense of intimacy with others and diminished feelings of fear and anxiety. Due to a lack of an accepted medical use and the high potential for abuse Ecstasy, like heroin, is classified as a Schedule I controlled substance in Tennessee.

Simple Possession or Casual Exchange of Schedule I Narcotics

Under T.C.A. § 39-17-418, it is an offense for a person to knowingly possess or casually exchange Ecstasy or Heroin.

A conviction pursuant to this statute is a Class A misdemeanor, which could result in a maximum sentence of 11 months and 29 days and a $2,500 fine.

*If you are charged with simple possession of heroin and you have two or more prior simple possession of a controlled substance convictions on your record, your current violation will be increased from a Class A misdemeanor to a Class E Felony. For example, if you have a 2017 conviction for simple possession of marijuana and a 2018 conviction for simple possession of cocaine and you were just arrested for simple possession of heroin, your violation will not be considered a misdemeanor, but a felony. This example is why it is so important to hire a thorough and knowledgeable criminal defense attorney in all drug offense cases.

Sale, Delivery or Manufacture of Ecstasy

Under T.C.A. § 39-17-417, it is an offense for a person to knowingly sell, deliver or manufacture a controlled substance or to possess the controlled substance for those purposes. Since ecstasy and heroin are listed as a Schedule I drug, a conviction under subsection 417 is classified as a Class B felony, which carries a potential jail sentence between 8 and 30 years and a fine up to $100,000. The statute will increase the penalty depending upon the quantity of the drug found in the defendant’s possession. For example, if police find 150 grams of heroin in your possession, your charge will be enhanced to a Class A felony, which carries a potential sentence of 15 to 60 years and you may be fined up to $500,000.

Drug Court for Possession

In certain counties in Tennessee, your possession case may be deliberated in a drug court, which, unlike criminal courts, emphasizes rehabilitation rather than punishment. In place of jail time, you may be ordered to adhere to a supervision period involving the following:

  • Periodic check-ins with the court
  • Random drug tests
  • Mandatory employment
  • Mandatory drug and/or mental health treatment

While fulfilling the conditions of a drug court program is definitely not an easy task, it is far preferable to a prison sentence.

Contact Us

Contact the Nashville or Sevierville law offices of Baker Associates today for honest and reliable legal counsel. We will keep you informed of your best options every step of the way and make every possible effort to secure a positive case outcome.