Batson Nolan explains that even with the continued legislative changes being made nationwide for marijuana and its medicinal or recreational use, it still criminalized in the state of Tennessee.
How much marijuana is a felony in TN?
Possession of even a very small amount of marijuana is still a Class A Misdemeanor, punishable by up to eleven months and twenty-nine days in the local county jail. Whenever an individual is found in possession of half of an ounce or more of marijuana, such a violation can not only be a felony, but can be classified as a “dangerous felony.”
Moreover, if that same offender is in possession of a firearm while committing (or even attempting to commit) a “dangerous felony,” T.C.A. § 39-17-1324 allows for a separate and distinct charge, where a person convicted will be sent to prison for at least three years. Additionally, this sentence must be consecutive to any other charges, including the underlying “dangerous felony.” While some offenses are eligible for pretrial or post-trial (i.e. judicial) diversion, this charge is not.
Can a felony be dismissed?
Whether or not to proceed forward on this charge is within the full discretion of the local District Attorney’s office. Should the prosecutor choose to not dismiss this charge as part of a settlement offer, the consequences of a conviction can be significant and life changing for the person convicted as well as that person’s family, friends, and dependents.
If you or someone you know find yourself in this predicament, it is vital that you speak to an attorney with appropriate knowledge and experience with defending these types of charges. Feel free to reach out to Batson Nolan, PLC, for a free initial consultation.
Contact us today to find out more about how these laws can affect you.
This article does not and should not be perceived as constituting legal advice. If you are in need of assistance with a legal matter, consult with a licensed attorney.