5 Myths About Pipes, Pills and Small-Time Drug Cases in Tennessee

Small drug cases in Tennessee often start with a pipe in a car console, a pill box in a purse or a joint passed around at a party. What people believe about those moments is often wrong, and it can be wrong in either direction. Some of these myths make people too relaxed. Others make them more frightened than they need to be. Here are five of the most common ones, each with the rule that actually applies.

Myth 1: A Little Residue in a Pipe Is Not Enough to Charge You With Possession.

In Tennessee, a trace of residue in a pipe, straw or baggie can be charged as possession of the drug itself, and it can lead to a conviction, because possession has no minimum amount. Tennessee courts have upheld a conviction based on less than one hundredth of a gram, and Tennessee has not adopted the "usable amount" rule that some other states use. For methamphetamine and fentanyl, the law says any amount brings a mandatory minimum jail sentence. The prosecution still has to prove that the residue really is the illegal drug it claims, usually through lab testing, and that you knew it was there and knew what it was. But residue in your own pipe, your own car or your own home is usually enough for a judge or jury to infer that you knew. If you are charged over residue, the useful questions are whether it was actually tested and what else ties it to you, not how small it was.

Myth 2: Carrying Your Own Prescription Pills in a Pill Organizer Is Illegal.

Tennessee has no law that makes it a crime to carry your own prescribed pills outside the pharmacy bottle, whether they are in a pill organizer, a plastic bag or another unlabeled container. What matters is how you got the medicine, through a valid prescription, not where you keep it. But the container still matters, because if you are charged, the prescription is something you have to prove, not something the State has to disprove. Once pills leave the labeled bottle, nothing on them shows they came from your prescription, and Tennessee courts have upheld convictions where pills had been moved into an unmarked container or carried loose. Carrying the labeled bottle or a copy of your prescription along with the pill box can be the difference between a short conversation and an arrest. None of this protects pills that belong to someone else, or a prescription that was not properly obtained.

Myth 3: Passing a Joint to a Friend Is the Same Crime as Selling Drugs.

For marijuana, the line that usually matters in Tennessee is weight, not whether you shared or sold: handing over up to about half an ounce is generally charged as a misdemeanor, while going over that amount can make it a felony. Once you get past marijuana, the picture changes. Handing someone any other drug, even for free, can be charged as felony "delivery." Tennessee does recognize a lesser crime called "casual exchange," which courts describe as a spontaneous, unplanned passing of a small amount, but it is narrow: there is no fixed weight that counts as small, it is usually left to the jury only if the defense properly asks for it, and juries often reject it. But any plan behind the handoff defeats it, even between close friends. A text asking for it, an agreed price or a set place to meet can be that plan. And giving any drug, including marijuana, to someone under 18 can be treated as a felony if you are at least two years older and know their age.

Myth 4: Anything That Could Be Used With Drugs Counts as Paraphernalia.

Owning an object is not a crime in Tennessee just because it could be used with drugs. The State generally has to prove that you had it, that it counts as paraphernalia, and that you intended to use it with an illegal drug or actually did. Pipes, bongs and pill presses count as paraphernalia because of what they are designed for. Scales, baggies, spoons and straws usually become paraphernalia because of how they are used or meant to be used. Either way, the State still has to show your own intent. That intent is usually proven with circumstantial evidence, and the bar is low. Drugs nearby, residue that was never even lab-tested, a lighter, signs of recent use, or your own words to police can be enough. Having or using paraphernalia is a Class A misdemeanor, with up to 11 months and 29 days in jail and a minimum fine the court must impose. Selling or giving paraphernalia to someone when you know, or should know, it will be used with drugs is a felony.

Myth 5: If an Undercover Officer Set Up the Deal, It Is Automatically Entrapment.

A police set-up is not automatically entrapment. In Tennessee, entrapment applies only when police, or someone working for them such as a regular informant, actually pushed or persuaded you into a crime you were not already willing to commit. Being asked to sell by an undercover officer or informant, even more than once, is not entrapment on its own. Neither is police simply giving you the chance to make a sale. If a prior record, a profit motive or a quick agreement shows you were ready and willing, the defense fails. Pressure from a friend who is not working with police does not count. The defense also requires written notice before trial, and raising it can open the door to evidence of your past drug convictions. A judge may also make the defense choose between "I didn't do it" and "I was entrapped."

Every one of these rules turns on details: what was tested, what was planned, where the pills came from and what you intended. Your own statements to police can supply exactly the proof the State needs. If you are facing a small drug charge in Nashville or anywhere in Tennessee, talk to a defense lawyer before you talk to anyone else.

About the Author

David G. Ridings is a Nashville criminal defense attorney, former police officer, and former prosecutor with nearly 40 years of experience in the Tennessee justice system. Known as “DrJudge,” he educates hundreds of thousands about their rights during police encounters.

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