Call today to schedule a consultation with The McDaniel Law Firm. Serious charges deserve serious counsel—and we’ll tell you exactly where you stand.
Tennessee prosecutes drug offenses aggressively, and the consequences extend well beyond the courtroom. A conviction can cost you your career, your license, your freedom, and your record—permanently. What happens in the next few weeks matters enormously.
The McDaniel Law Firm defends the full range of drug charges in Tennessee: simple possession, possession with intent to deliver, drug trafficking, delivery of a controlled substance, and serious felony drug offenses.
Our approach is methodical and case-specific. We examine how the stop happened, how the evidence was collected, and whether every constitutional standard was met. We know where cases are won, and we know where they fall apart.
We don’t process cases. We defend people. Our clients benefit from decades of experience, a deep understanding of Tennessee drug law, and familiarity with courts throughout Memphis and the surrounding jurisdictions.
Public Intoxication Charges in Tennessee: More Nuanced than They Appear
A public intoxication charge can feel like a minor matter—but in Tennessee, even a Class C misdemeanor carries real consequences for your record, your employment, and your reputation. Understanding what the law actually requires, and where it leaves room for challenge, is the first step.
Under Tenn. Code Ann. § 39-17-310, public intoxication applies when a person appears in public under the influence of any intoxicating substance and their condition either poses a threat to their own safety, endangers others or their property, or “unreasonably annoys” people around them. That last standard—unreasonable annoyance—is deliberately broad, and it gives law enforcement significant discretion in deciding when to make an arrest.
That discretion, however, is not unlimited. Tennessee law requires that public intoxication arrests be made impartially and without discrimination. When we review a public intoxication case, we look closely at the full circumstances of the arrest: what the officer observed, how they characterized your conduct, and whether the arrest itself was applied evenhandedly. These details matter far more than most people realize—and they often form the foundation of a strong defense. A charge is not a conviction. If you’ve been charged with public intoxication in Tennessee, call 901-527-6518 to speak with our team about your options.
Misdemeanor Drug Possession in Tennessee: What the Charge Actually Means
Not every drug charge is a felony—but that doesn’t mean misdemeanor possession is without consequence. Tennessee law draws careful distinctions between types of possession, and where your charge lands on that spectrum has a direct impact on what penalties you face and what defenses may be available.
When Misdemeanor Possession Becomes a Felony
A casual exchange charge can be elevated to a Class E felony when the substance was transferred to a minor at least two years younger than the accused, and the accused knew the recipient was under 18. It can also be elevated when the accused has two or more prior drug-related convictions and the current case involves any amount of heroin.
In cases involving the knowledge-of-age requirement, the strength of that element often depends on how well the accused knew the minor. When there is no prior relationship, casting doubt on the accused’s awareness of the minor’s age can be a viable defense. In cases where the relationship is well established and the prosecution’s case is otherwise strong, an experienced attorney may use that same element as leverage in negotiating for a plea that keeps the charge at the misdemeanor level.
One important note: charges involving tianeptine—including preparations containing it or designed to mimic its effects—are always classified as Class A misdemeanors under § 39-17-418(g), regardless of other circumstances.
The difference between a misdemeanor and a felony can hinge on details that aren’t obvious at first glance. Call 901-527-6518—our attorneys will review the specifics of your case and tell you exactly what you’re facing.
Felony Drug Charges in Tennessee: Understanding the Full Weight of What You’re Facing
When drug charges rise to the felony level, the stakes change entirely. Tennessee law governs felony drug offenses with a complex framework of drug schedules, quantity thresholds, and aggravating factors — and the difference between a Class E and a Class A felony can mean the difference between probation and decades in prison. If you are facing a felony drug charge, you need to understand what drives the severity of your charge and what options may exist for your defense.
Possession with Intent: the Foundational Charge
Under Tenn. Code Ann. § 39-17-417(a), it is illegal to manufacture, sell, or deliver a controlled substance, or to possess one with the intent to do any of these things. This is the statute behind what most people know as “possession with intent” or “intent to distribute.” Every violation charged under this section is a felony — the question is which class of felony applies, and that determination shapes everything.
Tennessee evaluates felony drug charges based on several factors: the schedule classification of the substance involved, the quantity alleged, whether a deadly weapon was used or carried, and whether anyone other than the accused was physically harmed or killed in connection with the offense.
The Most Serious Drug Charges
Tennessee does not use a separate “trafficking” statute. Instead, § 39-17-417(j) applies Class A felony charges when the quantities involved exceed statutory thresholds. These are the most serious drug charges the state can bring — relatively rare, but carrying consequences that are severe and often life-altering. If you are facing a charge that meets the criteria under subsection (j), the time to seek legal counsel is now, not after your arraignment.
Schedule I & II Substances
Schedule III – VII Substances
Most charges involving Schedule III through Schedule VII substances fall in the Class D or E range. One notable exception: flunitrazepam, a Schedule IV substance, is charged as a Class C felony and carries steeper fines than other Schedule IV violations upon conviction.
For defendants facing a first-time § 39-17-417(a) charge involving Schedule III anabolic steroids, Tennessee’s pretrial diversion program under § 39-17-417(d)(2) may be worth exploring. This is a time-sensitive option — eligibility is evaluated before arraignment, and the window to act is narrow. Our attorneys can help you assess whether diversion is a realistic path before you take your next step in court.
Felony drug charges in Tennessee carry consequences that follow you long after any sentence is served. Call 901-527-6518 to speak with The McDaniel Law Firm — and get a clear, honest assessment of what you’re up against.
Drug possession generally means knowingly having a controlled substance without a valid prescription. This can include illegal drugs or prescription medications that are not prescribed to you.
Simple possession usually refers to having drugs for personal use. “Possession with intent” (or intent to distribute) involves having drugs with the purpose of selling, delivering, or transferring them to others, and is typically charged as a felony.
epresented clients in various legal matters and are dedicated to achieving the best possible outcomes.
Yes. Drug charges can range from misdemeanors to serious felonies depending on factors like the type of drug, the amount, prior convictions, and whether there was intent to distribute.
Public intoxication occurs when a person is in a public place under the influence of a substance and poses a risk to themselves, others, or property, or is causing a disturbance. It is typically charged as a misdemeanor.
In some cases, yes. Depending on the circumstances, first-time offenders may be eligible for diversion programs or other alternatives that can reduce or avoid long-term consequences.
It’s important to act quickly. A defense attorney can review the facts of your case, explain your options, and begin building a strategy to protect your record and your future.
You can schedule a consultation with us by calling our office directly or filling out the contact form on our website. We offer initial consultations to discuss your legal issues and determine how we can assist you.
If you are accused of illegally possessing a controlled substance or of a display of public intoxication that exhibits its effects, the long-term repercussions of your arrest and arraignment can overshadow decades of your life. The consequences range from fines and short-term incarceration to years behind bars. Even the mildest drug-related charges can destroy an individual’s reputation. Getting experienced counsel is an important step toward defending your interests. Call 901-527-6518 to exercise your right to an attorney and secure a consultation with a Memphis drug defense lawyer from The McDaniel Law Firm.
