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How much marijuana is a felony?

In Tennessee, if you are in possession over a certain amount of marijuana, you will likely be charged with felony. You can also be charged if you possess less than the threshold amount, but other circumstances are present that indicate the manufacture of or intention to sell marijuana--such as plants, scales, and baggies.

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1/2 Ounce (or 14.175 grams)

Under Tennessee Code Annotated section 39-17-417, possession of a schedule VI drug (which includes marijuana) with the intent to manufacture, deliver, or sell, is a Class E Felony, which carries a possible sentence between 1 and 6 years in prison.

Under this statute, possession of marijuana over 1/2 an ounce (14.175 grams) can infer an intent to manufacture, deliver, or sell.  However, case law also shows it can also be inferred from the circumstances surrounding the charge that the intent was actually to exchange or possess marijuana for personal use only, which is only a misdemeanor.

Additional Charges

If someone is caught with over 1/2 an ounce, they will almost always be charged with Felony marijuana possession by the police. It's possible there will be an additional charge for possession of drug paraphernalia if the accused was in possession of a pipe or other device used to smoke or ingest marijuana. Depending on how recently the accused used marijuana, the police could also issue charges for DUI during a traffic stop for instance. If the accused was in possession of handgun, more charges could follow for unlawful possession of a weapon, or possession of a weapon during the commission of a felony. As you can see, these charges can quickly rack up.

If you or someone you know has been charged with a drug offense, call Saenz & Maniatis, PLLC at (615) 366-1211 today for a consultation.

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