What happens if you’re caught with psychedelics in Tennessee (and what to do)

Across America, there’s a wave of legalization for marijuana, but its psychedelic cousins, magic mushrooms, LSD, MDMA, etc, have some catching up to do. 

In Tennessee, as well as in much of America, the laws on the books around psychedelics are still draconian, and the penalties can be steep if you're caught with any of these drugs.

But keep in mind: the circumstances matter a lot when it comes to what punishment the state will dole out: whether they think you’re guilty of simple possession, the intent to sell, drug trafficking, or manufacturing. The potential penalty varies drastically based on the circumstances.

As an experienced defense attorney in Tennessee, I’ve seen how these sorts of cases can go down first hand. 

In this article we will cover: 

• What the laws are in Tennessee around the possession of psychedelic drugs (and we will break them out by drug) 

• What sort of fines, penalties, jail or prison time you can face 

• Exactly what you should do if you're caught with psychedelic drugs in Tennessee

Tennessee Laws around schedule 1 drugs 

What does it mean to be a “schedule 1 drug” in the state of Tennessee? 

According to the DEA, “Schedule I drugs, substances, or chemicals are defined as drugs with no currently accepted medical use and a high potential for abuse.”

Schedule 2 drugs, on the other hand, “have no currently accepted medical use and high potential for abuse, with use potentially leading to severe psychological or physical dependence. These drugs are also considered dangerous. Some examples of Schedule II drugs are: combination products with less than 15 milligrams of hydrocodone per dosage unit (Vicodin), cocaine, methamphetamine, methadone, hydromorphone (Dilaudid), meperidine (Demerol), oxycodone (OxyContin), fentanyl, Dexedrine, Adderall, and Ritalin” 

But for the scope of this article, we will only focus on schedule 1 drugs, which include the following: 

• Heroin (diacetylmorphine)

• LSD (Lysergic acid diethylamide)

• Marijuana (cannabis, THC)

• Mescaline (Peyote)

• MDMA (3,4-methylenedioxymethamphetamine or “ecstasy”)

• GHB (gamma-hydroxybutyric acid) - except formulations in an FDA-approved drug product sodium oxybate (Xyrem) are Schedule III

• Ecstasy (MDMA or 3,4-Methylenedioxymethamphetamine)

• Psilocybin ("magic mushrooms")

• Synthetic marijuana and analogs (Spice, K2)

• Methaqualone (Quaalude)

• Khat (Cathinone, Cathine)

• Bath Salts (3,4-methylenedioxypyrovalerone or MDPV)

What if I’m caught with simple possession of a schedule 1 drug in Tennessee? 

Caught with some shrooms in your pocket about to have a good time? Or did a cop find you smoking a bong? 

There’s a good chance this can be considered “simple possession.” 

Potential fines for simple misdemeanor possession of psychedelics (and other schedule 1 drugs) in Tennessee could include up to 1 year in jail with a potential fine of up to $2,500, depending on your criminal history. 

But if this isn’t your first rodeo, they might slap you with a class E felony charge, which could carry a heftier sentence: up to 6 years in jail and a fine of $3,000. 

What’s the penalty for possession of schedule 1 drugs with the intent to sell in Tennessee?

Does the law think you were intending to sell these drugs? This could change the sentence significantly, depending on a couple of factors: 

• The quantity of drugs that were found in your possession

• Whether you were found to possess items like scales, bags, or large quantities of cash on hand 

Intent to sell schedule 1 drugs in Tennessee is considered a felony (even if you never sold anything). 

For this, you could face prison time, the loss of firearm and voting rights, large fines, and even the loss of ability to work in certain professional fields.

But, as I’ve mentioned, every single situation is different. The laws can be complex, and they depend entirely on the unique situation you find yourself in – including the amount of drugs you have, your criminal history, and more. That’s why its essential to reach out to our experienced law firm today so you can get the representation you deserve. 

What you should do if you’re caught with psychedelic drugs in Tennessee 

It’s the same thing I tell my DUI clients: 

• You have the right to remain silent. 

Seriously - nothing that comes out of your mouth can or will help you. The best thing you can do for yourself is shut your mouth and remain silent. Everything and anything you say can and will be used against you in the court of law. 

• Ask for your lawyer. 

No matter what, do not navigate the court of law alone, and do not assume this will just go away. Call us at 865-259-0999 so we can get started on representing you right away. This is the only surefire way to minimize penalties, fines, and jail time. 

Hopefully in the near future, the laws around hallucinogens and other drugs will relax in the state of Tennessee and elsewhere in the United States. But in the meantime, we are left navigating a harsh, outdated system. It’s essential you have the best defense lawyers in your corner.