Drug Possession Laws in Tennessee

Knowingly possessing or casually exchanging a controlled substance without a valid prescription (simple possession) is a Class A misdemeanor (up to 11 months 29 days and/or $2,500). Possession of any amount of methamphetamine, or of fentanyl and related opioids, must be punished by at least 30 days of confinement served at 100% (with a drug or recovery court option). It is a Class E felony (1 to 6 years) when the person has two or more prior convictions under the section and the current offense involves heroin. Using or possessing drug paraphernalia with intent to use is a Class A misdemeanor. First offenders may be eligible for judicial diversion: the court may defer proceedings and place a qualified defendant on probation without entering a judgment of guilty, then dismiss the case after successful completion (excluded are, among others, Class A or B felonies, listed sexual offenses, and people previously convicted of a felony or a Class A misdemeanor with confinement served).

Tennessee's rule on court-appointed lawyers: In felony cases, when the accused has no lawyer and the court finds the accused indigent, the court must appoint the public defender (if the county has one) or another competent licensed attorney. A person who says he or she cannot afford a lawyer must complete the uniform affidavit of indigency, and statements are made under oath. In deciding indigency the court considers the nature of the services, usual attorney charges in the community, the accused's income from any source, federal poverty guidelines, ownership or equity in property, the amount of the bond and whether the person was able to make bond, and any other relevant circumstances. A defendant given court-appointed counsel is assessed a nonrefundable administrative fee of $50 at the time of appointment; the court must waive or reduce it if the defendant lacks the resources to pay, may raise it to no more than $200 if the defendant has sufficient resources, and the fee is collected even if the charges are dismissed. Tenn. Code Ann. §§ 40-14-202(a)-(c), (i)(1); 40-14-103(b)

How release before trial works in Tennessee: A magistrate deciding pretrial release for a bailable offense may release the defendant on personal recognizance, on an unsecured appearance bond, or on conditions that may include a bail deposit. The magistrate 'shall give first consideration to ensuring the safety of the community' and, if releasing the defendant, must impose the least restrictive conditions that will reasonably assure appearance and community safety. The magistrate must consider any available results of a validated pretrial risk assessment and the defendant's financial resources, and may also consider the defendant's length of residence in the community; employment status; prior criminal record, including prior releases on recognizance or bail; whether the defendant was on release for another offense when charged; the nature of the offense, the apparent probability of conviction, and the likely sentence; substance use or mental health issues better addressed in community-based treatment; and other ties to the community or factors related to the risk of willful failure to appear. Tenn. Code Ann. § 40-11-115(a), (b) What happens after an arrest.

Each state sets its own rules for sealing or expunging records. See Tennessee expungement and record sealing rules.