Photo of R. Steven Waldron And Terry A. Fann
  1. Home
  2.  » 
  3. Drug Crimes
  4.  » Is drug possession a felony?

Is drug possession a felony?

On Behalf of | Feb 13, 2023 | Drug Crimes |

Drug possession is a serious charge. It is usually a misdemeanor, but it can become a felony depending on the crime’s extent and quantity of drugs found. A simple possession case usually comes with a year of jail time and a fine not exceeding $2,500.

According to Tennessee Code 39-17-418, possession becomes a felony if the amount exceeds one-half ounce. If the quantity of substances exceeds the maximum limit, it becomes a felony charge. However, it can also depend on the kind of drugs seized. These substances are classified by schedule according to how dangerous and addictive they are.

Other felony drug charges

Aside from simple possession, other drug charges are felonies. Other offenses punishable under Tennessee law include:

  • Possession with intent to sell
  • Selling controlled substances
  • Drug trafficking
  • Drug manufacturing

Penalties can change on a case-to-case basis. The court considers different details of each case, such as the type of drug involved, its quantity and if other crimes were committed.

Can I apply for expungement?

You may ask the court to remove your simple possession conviction from public record. However, you must meet these specific conditions:

  • It was a misdemeanor.
  • You had no other offenses.
  • You met all your obligations to the state.
  • Your conviction happened after November 1, 1989.
  • It is five years after completing your sentence.

Even so, other factors can affect your eligibility. Your conduct and behavior can influence the court’s decision to allow expungement. The details of your case, sentence and criminal record might make you unqualified to apply.

Also, take note that certain misdemeanors might not be eligible, some felonies can be removed and specific offenses require a longer waiting period before you can apply for expungement.