The Seven Major Controlled Substances Laws Are:

(1)    Unlawful Possession of a Controlled Substance.  Simple unlawful possession is defined as the knowingly possessing of, or casual exchange, of a controlled substance unless obtained by a valid prescription.  This crime is usually charged as a misdemeanor, unless an adult casually exchanges the controlled substance with a minor at least two years younger, or the adult has two prior drug convictions.
(2)      Manufacture, Deliver or Sell a Controlled Substance.  It is a Felony to Manufacture, Deliver or Sell a Controlled Substance.  These drugs may include prescription or street drugs.  The punishment for this crime is increased for some drugs based on the amount in your possession.
(3)    Unlawful Possession of a Controlled Substance With Intent to Sell.  Certain quantities of drugs in your possession will create an inference that you are guilty of the intent to sell drugs.  This is by operation of law, even if that was not what you were going to do.  Increased penalties are also a possibility because of the increased amount of the drug in your possession.
(4)    Attempting or Obtaining a Controlled Substance by Fraud.  Also, obtaining or attempting to obtain a controlled substances by misrepresentation, fraud, deception or subterfuge is a Felony.  This includes forged prescriptions.  Fines can go as high as $100,000 in addition to jail.
(5)    Possession of Drug Paraphernalia.  This law is very broad and sweeping.  Legal objects, such as a pipe, can be unlawful depending on:

(a) The statements of the owner or possessor about its use,

(b) prior convictions,

(c) residue found on or in the objects,

(d) instructions or descriptive materials provided with the object,

(e) the manner the object is displayed for sale,

(f) the existence of legitimate uses for the object and

(g) expert testimony.

(6)    Promotion or Initiation of the Process to Manufacture Methamphetamine. It is a felony to sell, acquire, deliver, or initiate any chemical, drug, ingredient, or apparatus that is intended to manufacture methamphetamine (crystal meth).
(7)    Counterfeit Drugs:  The punishment is a class E Felony, if the drug is made to look like one of the Schedule Drugs so that it may pass as the same.



Is Probation A Possibility?

Yes, however certain rules apply.  Probation is NOT possible for any sentence over ten years.  Also, one law prohibits probation for persons convicted of possessing an ounce or more of cocaine.  If the case is prosecuted in the Criminal Courts, the Judge will make the ultimate decision on whether a person can receive probation rather than jail.


Longer Jail Terms Can Be Given If:

1.  If you sell to a person under 18
2. If the violation is within 1000 feet of a school
3. If Schedule II Drugs, as a C Felony, and the person  had a Deadly Weapon, it could be a B Felony
4. If schedule II Drugs, as a C Felony, and there is some bodily injury to another, it may be a B felony
5. If the amount of cocaine or amphetamine is over 12 grams
6. If you possess paraphernalia in order to produce methamphetamine


Do I Have To Take The Conviction Just Because I Was Arrested?

Absolutely NOT!  You have a right to a public and speedy trial, even by jury if you so wish.  The police must prove their case against you beyond a reasonable doubt. That is guaranteed by the Constitution.  However, most drug cases never go to trial.  Sometimes, defendants are afraid of what will happen, or they wish to take a lesser offense.  Many times, a case may be dismissed against you because of a lack of evidence, or the wrong action by police.  Each case is different.
It takes a SKILLED ATTORNEY who will interview the client, review all the evidence, who knows the law; to work and help you resolve this matter in your best interest.


If You Are Stopped:

1.  Assume you are on camera at all times, and act accordingly.  Put your best self forward.  Act like you are in front of the judge already.
2.   You have a right to remain silent as to any potential charge or charges.  You can identify yourself, such as producing a drivers license, but you have the right to talk to an attorney prior to any questioning.
3.    You are not required to take any test you know you will fail.  If you refuse, you are only a suspect.  Failure can lead to a conviction.
4.    Do not ramble about matters that are not connected to your charge.  The less you say, the less can be used against you later.



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Memphis, Tn 38104
Office: (901) 276-3334
Fax: (901) 276-4715