Can You Be Charged With Drug Trafficking Based on Quantity Possessed

[Widow]

My question involves juvenile law in the State of: TN

My two friends and I were in total possession of 9 grams of marijuana. NONE OF US ARE DEALERS. I had a gram(Juvenile), one friend had 7g(Juvenile) in his underwear, and the other had one gram(18). The friend who had it in his underwear said we were splitting it up(which is why he charged us for resale), and then later said it wasn't his. We all said it wasn't ours, so the officer charged all of us with T.C.A. 39-17-417 Possession of Schedule VI for resale. Can I really be charged for that since it was less than a 1/2 oz. of marijuana?

[flyingron]

You guys need to learn to keep your drug-addled mouths SHUT when the cops are talking.

The Tennessee statute (as many places) doesn't require money to change hands and it certainly doesn't require you to be in the drug business to get hit with a distribution rap.
Possession has nothing to do with ownership. If you had constructive possession of it (certainly being in your clothes counts, but even if it was sitting on the table in front of you).
It's a felony even if you only had a small amount as long as you were engaged in spreading it around to others. It's just a bigger felony if you have larger amounts.

Shut your collective mouths and don't say another word without an attorney. You're charged with felonies. You could end up in prison. Even if you don't, this has serious and life long implications.

[adjusterjack]

My question involves juvenile law in the State of: TN

My two friends and I were in total possession of 9 grams of marijuana. NONE OF US ARE DEALERS. I had a gram(Juvenile), one friend had 7g(Juvenile) in his underwear, and the other had one gram(18). The friend who had it in his underwear said we were splitting it up(which is why he charged us for resale), and then later said it wasn't his. We all said it wasn't ours, so the officer charged all of us with T.C.A. 39-17-417 Possession of Schedule VI for resale. Can I really be charged for that since it was less than a 1/2 oz. of marijuana?

Not only can you really be charged for that but you ARE being charged with that.

Hasn't that dawned on you yet that you will be prosecuted and possibly convicted of THAT CHARGE?

I suggest you hire yourself a lawyer, one for just you, as your friends will throw you under the bus faster than you can spit.

[Widow]

Not only can you really be charged for that but you ARE being charged with that.

Hasn't that dawned on you yet that you will be prosecuted and possibly convicted of THAT CHARGE?

I suggest you hire yourself a lawyer, one for just you, as your friends will throw you under the bus faster than you can spit.

Okay. Well I'm a juvenile, and this is my first offense. I will get a lawyer. The way it was found on us was our possession. The arresting officer told me he would recommend simple possession to the judge and DA. The 18 year old has already been to court. I have a feeling all 3 of our stories will not match up. Should I be ready for a fight?

- - - Updated - - -

You guys need to learn to keep your drug-addled mouths SHUT when the cops are talking.

The Tennessee statute (as many places) doesn't require money to change hands and it certainly doesn't require you to be in the drug business to get hit with a distribution rap.
Possession has nothing to do with ownership. If you had constructive possession of it (certainly being in your clothes counts, but even if it was sitting on the table in front of you).
It's a felony even if you only had a small amount as long as you were engaged in spreading it around to others. It's just a bigger felony if you have larger amounts.

Shut your collective mouths and don't say another word without an attorney. You're charged with felonies. You could end up in prison. Even if you don't, this has serious and life long implications.

Can you clarify the whole possession and constructive possession thing? You didn't seem to finish your thought. I messed up. Trust me, I feel like complete S**T. I plan on going to college, so I don't want a felony that I feel is unjust. Any advice would be great. My goal is to get it down to possession and accept my punishment, not get off scott-free. Thank you.

[flyingron]

It's plenty just. You had drugs. You intended to give them to others. That's all that's required for a felony conviction.

Constructive possession means the drugs were where you could exert control over them and you knew they were there.
That they weren't "yours" is not a defense. Everybody tries the "that's not mine" defense on possession raps. It doesn't work.

You have no hope until you stop shooting off your mouth. Every word you say incriminates you as a felon. Get a lawyer and speak to NOBODY without his counsel.

[Disagreeable]

You should be careful to make sure any weed someone hid in their pants is not wet or extra heavy.

[Who'sThatGuy]

Can you clarify the whole possession and constructive possession thing?

Possession is: You had the drug in your pocket, waistband or in a purse/wallet.

Constructive possession would be: Example #1 You're a passenger in a motor vehicle and under the passenger seat there is drugs. You're in constructive possession of that drug.

Example #2 There are drugs in a bank vault across town. You're at the mall (10 miles from the bank) in your pocket you have the key to the bank vault. You're in constructive possession of the drugs in the bank vault.