Drug trafficking and conspiracy charges often go hand in hand. Drug trafficking involves the illegal production, distribution, and sale of controlled substances, while conspiracy charges relate to an agreement between two or more individuals to commit a crime. Understanding these two charges and why they are so often charged together is essential. If you have been charged with drug trafficking and conspiracy, your freedom is in grave danger, as these are very serious charges bringing with them stiff penalties. Contact a lawyer to secure the legal representation you need during this challenging time.   

Expanding the Scope of Criminal Responsibility

Conspiracy charges play an important role in expanding the scope of criminal responsibility in drug trafficking cases. By proving that two or more individuals agreed to engage in illegal drug-related activities, law enforcement agencies can hold all conspirators accountable, even if they did not directly participate in the actual trafficking. This allows prosecutors to target not only the individuals trafficking the drugs, but also lower-level individuals involved in the drug trade operation. Tennessee law has very specific definitions for drug trafficking and related drug offenses.

Strengthening Prosecution Strategies 

Conspiracy charges provide prosecutors with a powerful tool to enhance their strategies in drug trafficking cases. By charging individuals with conspiracy, prosecutors can present evidence of the overall drug trafficking operation, including details of the planning, coordination, and distribution network. This can strengthen their case against the primary traffickers and increase the likelihood of a conviction.

Whether you have been charged with possession of drugs for personal use or the intent to sell, a skilled criminal law attorney can determine what defense strategy may work for your situation. Although every case has a different set of circumstances, there are some common defenses that an attorney can use to defend their client against these charges, such as procedural errors or challenging evidence the prosecution wants to introduce to the court. The following are some of the most common defenses.

The Drugs Belong to Another Person

A common defense is that the drugs were not yours or that you had no idea they were in the car or house. Your attorney may be able to introduce evidence to cast reasonable doubt to the jury that the drugs were actually yours.

Crime Lab Analysis

Although a drug might look like meth, does not mean that it is meth. The prosecutor must be able to show that a seized substance is the drug it claims to be by sending it to a crime lab and having it tested. The analyst must then appear at the trial to testify and present their findings. Depending on the circumstances, your attorney may be able to challenge those findings. One example would be evidence that there was an issue in the chain of custody, causing contamination.

The opioid epidemic is killing approximately 70,000 people each year in the United States. It is estimated that each year, there are more than 1.5 million people who struggle with addiction. For many who are addicted, once they cannot get legitimate prescription medications, they often turn to heroin. Every year, more than 50,000 people use heroin for the first time and every year, more than 14,000 people die from heroin overdoses.

While many states have passed laws that are more sympathetic for addicts who commit crimes, focusing more on treatment over punishment, that does not seem to be the case in Tennessee as lawmakers consider a bill that would require all health care providers to notify police of anyone they treat for a drug overdose.

SB 1891

According to wording in the bill, anyone who is “called to tender aid to persons” who are suffering a drug overdose would be required to report that overdose to either the police chief or sheriff of the area treatment was provided. In addition, the health care provider must also report that the individual who suffered the overdose to the District Attorney General’s Office.

On January 25, 2022, the “Free All Cannabis for Tennesseans Act” was introduced and assigned to the Criminal Justice Subcommittee for consideration. This could be a game changer for legal medical and recreational cannabis. With 37 states across the country currently having some form of medical cannabis program, Tennessee can soon become number 38. The bill would overhaul current laws making both medical and recreational marijuana legal. Local governments would not be able to override proposed laws, but they could vote to ban the sale within their jurisdictions by a two-thirds vote. Several benefits for consumers could be available in the near future, but familiarizing yourself with all the rules and regulations is key. Until that time, it is important to remember that possession of cannabis is still illegal.

What Happens if You Are Caught With Cannabis in Your Possession?

A conviction on a first offense for marijuana possession under Tennessee law incurs fines of $250.00 for a half-ounce of marijuana or less. Possession will have mandatory fines and up to one year in jail if convicted. Maximum fines can reach up to $2,500. Penalties for possession with intent to distribute starts at $5,000 and will increase with the amount of marijuana found on hand. This is considered a serious offense and is handled as a Class E misdemeanor. Cultivation of 10 plants or less can land someone in prison for up to six years. Larger quantities can increase the time up to 60 years.

Over the last few years, many states around the country have legalized or decriminalized cannabis, making the drug easier to obtain than perhaps ever before. However, you should definitely think twice about bringing marijuana purchased legally in other states into the state of Tennessee, as the penalties for possession can be serious.

According to the Tennessee Bureau of Investigation (TBI), approximately 80 percent of crimes in Tennessee are in some way connected to drugs. Tennessee has some of the harshest penalties for drug crimes in the country. Even a charge like simple possession can result in jail time if you are convicted. Anyone who has been charged with a drug offense should contact a Knoxville defense attorney for help in defending against the charges.

Serious Drug Issues

The TBI also estimates that at any given time, there are 800 or more methamphetamine labs in operation in the state. Although the use of methamphetamine has decreased, the use of heroin has spiked again. Even more alarming is that the heroin being sold in Tennessee is often laced with fentanyl, a dangerous and powerful synthetic opioid that is supposed to only be prescribed to patients dealing with severe pain. Pure fentanyl is so powerful and so dangerous that it can kill a person if even just a small amount is absorbed through the skin.

Prescription drug use is also a criminal issue in the state. Tennessee ranks third in the U.S. for prescription drug abuse. In recent studies, more than 70 percent of participants admitted to using prescription drugs for non-medical reasons that they obtained from a family member or friend. People who become addicted to these drugs often find themselves facing some kind of criminal charges for drug-related crimes, often convicted and sentenced to jail.