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Tennessee Cannabis & Marijuana Law Questions & Answers
1 Answer | Asked in Cannabis & Marijuana Law for Tennessee on
Q: Can police search your vehicle if they say they smell marijuana in Tennessee
Anthony M. Avery
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answered on Feb 4, 2024

You might test it in a suppression motion, but if LEO smells pot, they have probable cause to think you are committing a crime.

1 Answer | Asked in Cannabis & Marijuana Law for Tennessee on
Q: If i was caught with 14 grams of marijuana what do i expect to happen at my court date first time offense
Anthony M. Avery
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answered on Jan 29, 2024

Hire an attorney to represent you. Prepare for a preliminary hearing unless you can get it diverted, dismissed, then expunged. A conviction will mess your life up. Work, stay out of trouble, and get a new phone and number.

1 Answer | Asked in Cannabis & Marijuana Law for Tennessee on
Q: I was caught with weed I didn’t receive a citation or warning, but he said it was reported what do I need expect from it

I was at my house when the incident occurred

Anthony M. Avery
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answered on Jan 10, 2024

LEO has a year to initiate a misdemeanor charge against you. Be prepared with money to bond out of jail and hire your own attorney. Stay away from illegal activities.

1 Answer | Asked in Cannabis & Marijuana Law for Tennessee on
Q: I legally smoke 0.3 THCA vape… if I test positive for thc for my pre employment drug test for this, will I be denied the
Anthony M. Avery
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answered on Nov 13, 2023

TN is an employment at will State. The employer can terminate for any or no reason.

1 Answer | Asked in Cannabis & Marijuana Law for Tennessee on
Q: Do police have to test suspected drugs to make sure they are really drugs? Example- test weed to make sure it’s not cbd?
Anthony M. Avery
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answered on Nov 9, 2023

No but the magistrate/clerk might not find probable cause to issue the arrest warrant.

1 Answer | Asked in Cannabis & Marijuana Law for Tennessee on
Q: Is a pipe to smoke Marijuana sold at the store here illegal?
Anthony M. Avery
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answered on Mar 22, 2023

No... But if there are other things found with it like drug residue, then it may be charged as Drug Paraphernalia.

1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for Tennessee on
Q: Yes my son got misdemeanor marijuana charge in Wayne county Tennessee he was put on probation at his last report day he

Could not urinate being wrote up as failed drug screen ,now there is warrant for his arrest probation violation we live in Mississippi ,probation officer said he needs to turn self in then go in front of judge ,that the judge normally sentences to 40 days in jail,I know laws are different there but... View More

Cayley Turrin
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Cayley Turrin
answered on Feb 9, 2023

He needs to hire an attorney immediately to handle this case for him.

1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for Tennessee on
Q: What to expect with a misdemeanor of 1 and half oz of weed in car?

I was trying to pump gas and cop smelt weed coming from my car so she came up to me as I was trying to leave. Also on my citation she wrote the wrong date

Brandon D. Fersten
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Brandon D. Fersten
answered on Dec 28, 2022

Simple possession is a Class A misdemeanor punishable by 11 months and 29 days in the detention facility. Realistically, if you were released on a citation and do not have a criminal history it is likely that you would get probation. However, you do not want to simply plead guilty to the simple... View More

1 Answer | Asked in DUI / DWI and Cannabis & Marijuana Law for Tennessee on
Q: What charges will I get if a cartridge wasn’t my possession I am 15 years of age

yesterday morning I walk into the restroom to see a bunch of people smoking a vape I hit it to fit in not knowing that it is 90% Thc illegal in my state I live in Tennessee, fast forward a couple hours I get pulled out of class and asked if I had smoked anything I said no but than they check my... View More

Jon David Rogers
Jon David Rogers
answered on Oct 30, 2022

The first thing you need to do is let your parents know, and you (you and your parents) need to go speak to a lawyer. Schools are not allowed to question students without someone "friendly" to the student, and no, the school administrators and teachers are usually friendly to the school... View More

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Tennessee on
Q: My oldest daughter, her boyfriend and my younger daughters car was searched upon entry to a festival in manchester, TN.

several small stashes of marijuana were found. My oldest received a simple possession charge. She does not partake in marijuana. If I took a negative hair follicle drug test to court and questioned the fact that the car is not hers, would the charge possibly be dropped?

Anthony M. Avery
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answered on Jun 15, 2022

Daughter needs a competent attorney now to prepare for a Preliminary Hearing. The hair test would be heresay without expert testimony, but is something to tell the DA. She does not want a drug conviction on her record. It sounds like a consent search also.

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Tennessee on
Q: So I currently have a charge for simple possession and paraphernalia and was wondering what punishment I'd receive

In the state of Tennessee

No prior charges

Anthony M. Avery
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answered on Nov 8, 2021

You did not say what contraband is involved. But many Misdemeanors involve a possible 11 month, 29 day Sentence. Meth requires at least 30 days in Jail. Hire an attorney to seek Diversion, Dismissal and Expungement.

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Tennessee on
Q: I have an inmate in Tennessee that needs to clear a case in Pennsylvania. Please advise me what I should tell her
Cayley Turrin
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Cayley Turrin
answered on Aug 3, 2021

Hire a PA attorney to deal with the PA case.

1 Answer | Asked in Cannabis & Marijuana Law for Tennessee on
Q: I have been charged with simple possession of weed, and poss unlaw drug paraphernalia uses & activities. What can I do?

It’s a possession got 4.3 grams of weed. I’m also on a F-1 student visa.

Anthony M. Avery
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answered on Jun 9, 2021

Hire a competent attorney to represent you. Convictions will probably mean deportation.

1 Answer | Asked in Cannabis & Marijuana Law for Tennessee on
Q: I got a citation for simple possession and drug paraphernalia (marijuana) in tri cities of east tn.

I live in dayton ohio where it is decriminalized when I went to court they had no record on file. The judge issued me an arraingment date.. Could i get this dismissed since they didnt have the ticket on file on the date of court

Anthony M. Avery
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answered on Mar 11, 2021

The Citation can be produced, reissued or even converted to an Arrest Warrant very quickly. Ohio laws have no bearing in TN, which apparently you would have been in violation of also. Hire an attorney now. You need to get this Diverted, Dismissed and Expunged, or it will mess up your life.

1 Answer | Asked in Cannabis & Marijuana Law for Tennessee on
Q: I'm being charged with 1/2 a gram of marijuana introductory in to the jail. It wasn't tested and could have been cbd..

What can I be charged with

Ross Matuszak
Ross Matuszak
answered on Mar 24, 2021

Thank you for your question. You can be charged with violating T.C.A. 39-16-201, which is the introduction or possession of weapons, explosives, intoxicants or drugs into a penal institution where prisoners are quartered. Violation of this statute is a Class C Felony, so it is extremely important... View More

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Tennessee on
Q: I was found guilty of Simple possession of schedule VI What does V.O P 1st offence carry Hawkins Co. Tennessee

I wish to know what to do when the probation officer lies on a warrant

Anthony M. Avery
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answered on Dec 10, 2020

You will probably have to serve some portion of your Sentence. The Violation can be tried if you really think you can put on positive proof that the PO made a false statement on the VOP. That is a heavy burden though, with a painful ending when the Court locks you up. Like it or not Pot is... View More

1 Answer | Asked in Cannabis & Marijuana Law and Juvenile Law for Tennessee on
Q: Can a officer give a 16yr a citation and then come back and tare that one up and give you a new one.

My son who s 16 was given a citation from a police officer for illegal weapon on the back of the citation it says you have been charged with a municipal offence and do you do not have to appear in court and the officer marked 1 charge 100.00. When I went to pay it they said the officer is new he... View More

Anthony M. Avery
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answered on Oct 14, 2020

General Sessions is not a Court of Record, and the Citations or Warrants can be amended or dismissed at anytime with new Charges being instituted. You might want to hire an attorney so this will be as painless as possible.

1 Answer | Asked in Cannabis & Marijuana Law for Tennessee on
Q: Ive been arrested on a felony drug charge. It was for 61 grams of marijuana. Could they come back with a search warrant

They had searched parts of my home when the initial accident occurred. My boyfriend had overdosed and they found the marijuana in his things. He later passed away and now theyre trying to pin it on me because we shared the same home and the person the pot belonged to is now deceased. My bail... View More

Anthony M. Avery
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answered on Sep 10, 2020

Unless you own the property, find another place to live now. You probably need a new phone and/or computer. Stay away from the people you have done illegal acts with. Work hard and stay out of trouble. Confidential Informants are doing everything they can to give the LEO's probable cause to... View More

1 Answer | Asked in Cannabis & Marijuana Law for Tennessee on
Q: i was caught in the state of Georgia with marijuana i am being fined more the state maximum what to do?

was passing through Georgia when i was caught with 4 grams of weed. was left off with a citation only to find out my ticked is 1,345. after ding research the state maximum on possession of marijuana under an ounce is up to OR 1000 dollar fine. can i get this dropped? lowered? payments? MI 19 living... View More

Anthony M. Avery
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answered on Aug 5, 2020

This is a forum for Tennessee Criminal issues. You should contact a Georgia attorney.

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