Marijuana Possession

The charge of Marijuana possession in the state of Tennessee is a Class A misdemeanor punishable by no more than one year in prison for the first two convictions. After two convictions, the charge moves to a felony for the third conviction.

There are two ways you can be deemed in possession of marijuana under Tennessee law.

Actual Possession

This is where you actually have physical control over the marijuana at the time you are arrested. For example, if you are stopped by an officer and found to have marijuana in your pocket, you are in actual possession of the drug.

Constructive Possession

This is a little more complex, but the idea is pretty simple. If you are not physically carrying the marijuana, but knowingly have dominion over it and the power to access it at any time, you are deemed to have constructive possession. One example of constructive possession is a homeowner who has marijuana hidden in an upstairs closet of the home. While the marijuana is not physically on his person, he is still deemed to be in possession.

If you are facing a criminal charge of marijuana possession, it is wise to obtain legal council. An experienced criminal defender like Gregory P. Issacs will be able to advise you as to your best options based on the specifics of your case. Give us a call today at 865-673-4953 and you can receive a free consultation.