Although unclear to some for a myriad of reasons including the existence of “head shops,” Tennessee Code Annotated 39-17-425 makes it illegal for any person to have or be in the control of drug paraphernalia that can used for the consumption of a controlled substance. Additionally, drugs do not necessarily have to be present in order for a person to receive a paraphernalia conviction under Tennessee laws. A person may be convicted of the crime of possession of drug paraphernalia if the prosecution proves that the person used or possessed with the intent to use drug paraphernalia in order to:
Plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body” a controlled substance.
What Is Considered Drug Paraphernalia?
In Tennessee, drug paraphernalia refers to all equipment, products and materials of any kind that are used to either make or take a drug like bongs, pipes, and syringes. Other items sold legally like rolling papers, soft drink cans, spoons, and pill crushers may also be considered drug paraphernalia in certain circumstances. Often a person who is caught with drug paraphernalia will also be in the possession of illegal drugs, as such possession of drug paraphernalia is a likely charge in addition to the charge for possessing drugs.
What Is The Penalty For Possessing Drug Paraphernalia?
A conviction for Possession of Drug Paraphernalia for personal use in Tennessee is a Class A Misdemeanor and may result in some or all of the following penalties:
- A sentence of up to 11 months and 29 days in jail
- A probationary period
- A fine of up to $2,500.00
- Court costs
Tennessee Code Annotated 39-17-428 specifies mandatory minimum fines for a Possession of Drug Paraphernalia conviction that depend upon the number of prior convictions for this offense:
- 1st conviction – $150.00 fine
- 2nd or subsequent conviction – $250.00 fine
A drug paraphernalia charge should be taken seriously. Many employers have anti-drug policies that prohibit the employment or hiring of anyone who has a drug offense. In addition, federal student aid can also be denied to those who have a drug related conviction on their record. If you have been charged with possession of drug paraphernalia or any other drug related offense you should seek the services of an experienced, competent criminal defense attorney. Contact Donna Wagner to schedule a consultation.
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I know for certain that If I am needing an attorney again in the future, I will be using Donna Wagner. There are so many great things to say about Donna. However, I believe what I appreciated most was how Donna handles special situations, and I assure you, my circumstances were just that! Donna was very thorough during my entire case. She was able to address my unique case but also do so with legal basis even though the courts may not always allow for such situations. Donna was very thorough each step of the way and was certain to not leave any stone un-turned. One thing I really liked about Donna was her fire. When situations arose, she can be more than passionate about her job and serving justice to those who deserve it. I also want Donna’s clients to know that she was very timely with me in her communications with me. Whether by email or phone, she was always just a call or a message away. When being in a legal situation, I know from previous experience, being able to reach your attorney means everything. I am more than pleased with the results that I recieved from Donna Wagner, and I assure you my case turned out better than I had imagined and even for a fair price. Donna Wagner rocks!
I obtained Mrs. Donna Wagner’s services in 2012 to help with my charge of driving under the influence. I first called several other attorneys, but none of them were willing to listen to my case. Mrs. Wagner not only took the time to listen but went out of her way to be sensitive to my issues, respond quickly to my questions, and help me understand this unfamiliar process. It was clear to me from the beginning that she knew the system well and was very thorough in her exploration into my case. With her experience and knowledge of the Mt. Juiliet court system, combined with her adept use of the evidence at hand, she was able to get my charges significantly reduced. I could not be more happy with my choice of attorney. I am certain that I would not have had such a successful outcome without her guidance and skill.
