Can I Get My Drug Charges Dismissed in Tennessee?

 Posted on July 03, 2026 in Drug Crimes

Drug charges in Tennessee can be dismissed, and it’s actually pretty common. Once you’re charged, the state has to prove its case beyond a reasonable doubt. At The Baker Law Firm, we will look for ways to challenge the prosecution’s evidence. If there is a way to have a case dismissed or charges reduced, we will find it.

If you are facing a drug charge in 2026, our Maryville, TN, criminal defense lawyer can review the details of your case and help you find the strongest possible defense.

What Are the Most Common Drug Charges in Tennessee?

Knowing what you are charged with is the first step toward fighting it. Tennessee has several drug offenses that come up regularly.

Simple Possession

Under Tennessee Code Annotated Section 39-17-418, simple possession applies when someone is found with a controlled substance for personal use. This is generally a misdemeanor for a first offense, though it can get more serious depending on the drug and the amount involved.

Possession With Intent to Deliver or Sell

This is a much more serious charge. It applies when the amount found, the presence of packaging materials, or large amounts of cash suggest the drugs were not just for personal use. This is typically a felony with much steeper penalties than simple possession.

Drug Manufacturing

Manufacturing charges apply when someone is found to be producing or processing a controlled substance. These are among the most serious drug offenses in Tennessee and carry significant prison time if convicted.

What if the Police Didn’t Follow the Law When They Found the Drugs?

How the drugs were discovered is one of the first things we’ll look at. The Fourth Amendment gives you the right to be free from unreasonable searches and seizures. That means that the police have to follow specific legal rules before they can search your home, your car, or your person. If they did not follow those rules, the evidence they found may not be usable in court.

We can file a motion to suppress evidence that was gathered unlawfully. If the judge agrees, the drugs get thrown out. When the drugs are thrown out, the prosecution often has nothing left to build a case on.

Ways They May Violate Your Rights

There are many ways a search can cross the legal line. An officer may have pulled you over without a real reason and then searched your car anyway. They may have searched your home without a warrant and without your genuine consent. A pat-down may have gone further than the situation legally justified. Or the search may have been based on a tip from someone whose information was not reliable enough to justify what police did. Any of these situations gives your attorney something to work with, and getting that evidence thrown out can change everything about your case.

What Is the Chain of Custody and Why Does It Matter in a Drug Case?

From the moment drugs are collected as evidence, they have to be handled, stored, and transferred according to strict procedures. Every person who touches the evidence has to be documented. Any break in that chain can raise serious questions about whether the evidence is reliable.

If drugs were mishandled, mislabeled, or improperly stored at any point, your attorney can challenge the integrity of that evidence. In some cases, a break in the chain of custody can result in the evidence being thrown out entirely.

Are There Diversion Programs for Drug Charges in Tennessee?

For some people, a diversion program is the best path forward. Tennessee has a pretrial diversion program under Tennessee Code Annotated Section 40-15-105 that allows certain first-time offenders to avoid a conviction entirely.

If you are accepted, your case is put on hold while you complete a period of supervision that may include drug treatment, community service, and regular check-ins. If you finish the program, the charge is dismissed and does not go on your record.

Eligibility depends on the nature of the charge, your prior record, and the prosecutor's discretion. Not everyone qualifies, and not every charge is eligible. We can tell you whether diversion is realistic in your situation and fight for your acceptance into the program.

Schedule a Free Consultation With Our Blount County, TN Drug Charges Defense Attorney

Facing a drug charge is stressful, but you do not have to accept the worst possible outcome without a fight. Attorney Lance K. Baker is a Top 40 Under 40 attorney who brings sharp legal skills and real dedication to every client he represents. Contact The Baker Law Firm at 865-200-4117 to schedule your free consultation with our Maryville, TN criminal defense lawyer today.