What Is Simple Possession? What Are the Consequences?

While the charge of simple possession may not strike you as being especially serious, it’s important to know that the consequences of a conviction can directly affect your future in ways that you may not have even considered and that such a charge should be taken very seriously. Simple possession charges in Tennessee relate to possessing or casually exchanging a controlled substance, and while the charge is a misdemeanor, there are mandatory jail sentences for simple possession of certain drugs in the state. If you’re facing a simple possession charge, an experienced Murfreesboro, TN, drug crime attorney is standing by to help.

The Charge of Simple Possession 

The charge of simple possession, which is the lowest drug charge in Tennessee, relates to cases involving the defendant being in possession of a small amount of an illegal drug when there is no evidence that they are involved in manufacturing, dealing, or delivering the product. The charge is generally a Class A misdemeanor, but any of the following factors can enhance it to a felony:

• Being in possession of a larger amount of the drug – even if the charge itself remains simple possession
• Being in possession of a higher schedule drug, which are those drugs with no current medical use and that have a high potential for abuse – such as heroin and LSD
• Being a repeat offender
• Being in possession of drug paraphernalia that’s associated with dealing and distribution, such as small baggies and scales

Simple Possession of Marijuana

When it comes to the charge of simple possession, it’s important to touch on the topic of marijuana. While many states have loosened their stance on marijuana laws and have even made recreational marijuana legal, Tennessee isn’t one of them. In fact, the state takes the following clear, strict position:

• For a first offense, simple possession of ½ ounce or less of marijuana carries a mandatory fine of $250 – with a maximum fine of $2,500 – and up to a year in jail.
• For a second or subsequent offense, simple possession of ½ ounce or less of marijuana carries a mandatory fine of $500 – with a maximum fine of $5,000 – and up to a year in jail.

These correlate with the consequences of all Class A misdemeanor drug charges.

The Social Consequences

In addition to the legal consequences of a simple possession conviction, there are also social consequences to consider, including:

• An overall decline in your social standing
• Difficulty getting a job
• Difficulty renting a home or obtaining a home loan
• Difficulty obtaining federal financial aid for furthering your education

If you have professional licensure, it can also be affected – and, for some professions, your license can even be voided. 

It’s Time to Contact an Experienced Murfreesboro Drug Crime Attorney 

Joshua Crain at The Law Offices of Joshua T. Crain is a formidable Murfreesboro drug crime attorney who has the experience, drive, and legal skill to bring your strongest defense in the protection of your rights and in pursuit of your case’s optimal outcome. Learn more by contacting us online or calling us at 615-903-4998 today.