You know those wedding videos where you see the bridesmaids and groomsmen surprise the happy couple with a “spontaneous” choreographed dance? Or the social posts of, say, a groom with shoes that say “help me!” on the bottom, or some other trick? Wedding pranks – no matter how you feel about them – are popular with certain couples and their friends, and that’s all well and good as long as no one gets hurt. One bride and her caterer forgot that golden rule, though, and disregarded the safety of wedding guests earlier this year by lacing the food with cannabis.
Several guests became sick and were transported to nearby hospitals when they ate wedding food. The bride and caterer did not inform the wedding guests nor the groom that the food had cannabis in it. Now, the bride and the caterer are both facing charges of delivery of marijuana and culpable negligence. They are also facing charges of violating Florida’s Anti-Tampering Act.
Why this “prank” was so dangerous
There are several concerns with cannabis in food. The Tennessee Department of Agriculture wants to assess any foods that can be made with CBD. Their concern is the bacteria, Clostridium botulinum which can survive cooking processes and cause severe illness or death when consumed. It is vital to maintain the safety of all consumers across Tennessee by ensuring CBD-infused products are made correctly.
Plus, it’s possible to have an allergic reaction to weed. According to the American Academy of Allergy, Asthma & Immunology, “there is reported cross-reactivity between marijuana and certain foods. Cannabis cross-reacting foods that have been reported to cause allergy include tomato, peach and hazelnut…. This cross-reactivity can potentially cause serious allergic reactions.” In some rare circumstances, a marijuana allergy could lead to anaphylaxis, a life-threatening reaction.
Would the bride and caterer have faced charges if they lived in Tennessee?
You bet they would. Marijuana is illegal in Tennessee, and so is spiking people’s food or drinks. If you were to lace your wedding food with cannabis, you could also violate the Tennessee Consumer Protection Act.
But even worse, imagine if one of your guests DID go into anaphylactic shock. That guest could go into a coma or even die. And suddenly, your harmless prank becomes a criminally negligent homicide charge – a Class E felony.
Do I need an attorney for a drug crime charge in Knoxville?
There are consequences aside from fines and jail time resulting from a drug conviction. Simple possession of THC or marijuana can result in incarceration for up to 11 months and 29 days plus fines. You will have a criminal record which can result in your professional and personal life taking massive hits. You may be unable to find suitable employment or housing. You could lose your scholarship for school, or be denied other types of assistance. If you get busted for a felony marijuana crime, like trafficking, now you’re looking at thousands of dollars in fines plus a loss of your right to carry a firearm or vote. The short answer is, you’re going to need help.
There are defenses for drug crimes, but you will need to speak with a Knoxville drug crime defense attorney. When you hire an attorney from Banks & Jones, you get personalized attention. We will use our available resources and skills to protect your rights.
What if I am caught with a drug that is not marijuana?
We have a lot of experience handling marijuana-related claims, it’s true, but we also fight 2 win on behalf of people charged with possession, sale, distribution, etc. of drugs like:
- Methamphetamines
- Cocaine
- Heroin
- LSD
- Opium
- Mushrooms
- Ecstasy
- Prescription medication like Oxy, Xanax, fentanyl, and Valium
You can face felony charges for the possession or distribution of the listed drugs. While each drug charge has different potential penalties, they can get much worse when you add the drug-free school zone statute. Fines and penalties are more than doubled when you are within 1,000 feet of a school, daycare, library, etc. A Knoxville criminal defense attorney will argue this draconian law and try to get your charges reduced or dismissed.
The push for marijuana legalization
Generally, Tennessee residents are in favor of legalizing marijuana. The country overall is for legalization. However, the government is slow to update policies that reflect the voice of the people. Federal legalization is rumored to come, but the process has faced pushback.
There are three steps to full marijuana legalization. The first is decriminalizing the drug. Next is allowing medical use and, finally, full legalization for recreational use. Currently, Tennessee has not participated or agreed to look toward any marijuana legalization. Earlier this year, several bills were introduced to change that. Tennessee residents will have the option to share their thoughts this year at the ballot box.
In the meantime, hundreds of Tennesseans will continue to face drug charges and have the course of their lives altered. Until a fundamental change is made, you cannot take a drug charge lightly. If you have just been arrested for possession or are already set for court, you need the assistance of a Knoxville drug crimes defense attorney.
You will need an experienced attorney on your side who knows the possible outcomes of your case and how to prevent the worst from happening. You need a competent lawyer on your side, and that is what you receive when you call Banks & Jones. We will look at every legal possibility to ensure you are treated fairly throughout the legal process. Call our office at 865-546-2141, or complete our contact form to schedule a consultation with a Knoxville criminal defense attorney today.
T. Scott knows the importance of interacting with colleagues to stay abreast of developments and changes in the legal world. T. Scott frequently teaches CLE courses on trial strategy, teaching other lawyers his methods for success in the courtroom, and is certified as a Rule 31 Mediator in the Tennessee Supreme Court. He is a member of the Knoxville Bar Association, the Tennessee Bar Association, the National Trial Lawyers, and both the Tennessee and American Associations for Justice.
Read more about T.Scott Jones