Marijuana convictions in Tennessee can carry consequences that extend beyond the courtroom. While the legal penalties for marijuana offenses are significant, you may face a variety of consequences that can affect many aspects of your life. Today we want to talk about the collateral consequences of a marijuana conviction.
Employment restrictions
Employment opportunities can be severely limited for individuals with marijuana convictions in Knoxville. Many employers conduct background checks as part of their hiring process, and a criminal record, especially one involving drug offenses, can be a significant barrier to employment.
More, certain professions in Tennessee require licenses or certifications that can be denied or revoked due to a marijuana conviction. This includes fields like healthcare, education, law enforcement, and transportation. The stringent background checks in these professions can make it challenging for individuals with prior marijuana convictions to pursue or maintain employment in these sectors.
Professional licensing and certification
In Tennessee, professional licensing boards may scrutinize their applicants’ criminal histories, including marijuana convictions, when considering applications for licenses or certifications. Individuals seeking licenses in fields such as nursing, medicine, law, teaching, and real estate may encounter difficulties if they have a history of drug-related offenses. Licensing boards may deny applications or impose additional requirements, such as probationary periods or rehabilitation programs, as conditions for licensure.
Housing and rental barriers
Securing housing or rental properties can be another significant challenge for individuals with marijuana convictions. Landlords often conduct background checks on prospective tenants to assess their suitability and reliability. A marijuana conviction can raise concerns for landlords regarding potential drug-related activities on their property.
As a result, individuals with marijuana convictions may encounter discrimination in the housing market, facing rejection or limited housing options. This can contribute to housing instability and homelessness, which worsens the social and economic consequences.
Loss of government benefits
Individuals convicted of marijuana offenses may also face restrictions on their eligibility for various government benefits and assistance programs. Federal law lays down restrictions on individuals with drug-related convictions, including ineligibility for federal student aid, public housing assistance, and Supplemental Nutrition Assistance Program (SNAP) benefits.
These restrictions can have huge implications for individuals and their families, particularly those who rely on government assistance to meet their basic needs.
Immigration consequences
Non-citizens living in Knoxville who are convicted of marijuana offenses can face serious immigration consequences under federal law. A marijuana conviction can trigger deportation proceedings, denial of naturalization, and other adverse immigration outcomes. Even individuals with legal status, such as permanent residents and visa holders, are not immune to these consequences and may risk losing their legal status and facing removal from the country.
Loss of voting rights
In Tennessee, individuals convicted of felonies, including certain marijuana offenses, lose their right to vote until they have completed their sentence, including any period of incarceration, probation, or parole. It’s important to remember that the disenfranchisement of individuals with felony convictions can disproportionately affect communities of color.
Efforts to restore voting rights for individuals with felony convictions are underway in Tennessee and other states.
Child custody and visitation issues
Marijuana convictions can affect child custody and visitation arrangements in Knoxville family courts. Judges may consider drug-related offenses as a factor in determining the best interests of the child and may impose restrictions or conditions on custody and visitation rights. Parents with marijuana convictions may be subject to increased scrutiny and supervision by child welfare agencies, leading to heightened stress and legal issues.
As you can see, the collateral consequences of marijuana convictions extend far beyond the individual to affect their families and children.
Community stigmatization
Individuals with marijuana convictions in Tennessee also often face social stigma and discrimination within the community. The criminalization of marijuana creates negative stereotypes and misconceptions about individuals who use or possess the drug, which can contribute to social exclusion and marginalization.
Community stigmatization can hold back reintegration into society and get in the way of your efforts to rebuild your life after a marijuana conviction.
What are the legal penalties for a marijuana conviction in Knoxville?
Here in Tennessee, penalties for marijuana-related convictions can range from misdemeanor charges to felony charges, with corresponding fines, probation, and potential jail time. Here’s a basic breakdown for the most common charges:
- Simple Possession
- Possession of a small amount of marijuana (less than half an ounce) is typically classified as a misdemeanor offense in Tennessee.
- A first-time offense for simple possession may result in a fine of up to $250 and up to 1 year of incarceration.
- Subsequent offenses can lead to increased fines and longer periods of incarceration.
- Possession with Intent to Sell or Distribute
- Possessing marijuana with the intent to sell or distribute it is a more serious offense and can result in felony charges.
- Penalties for possession with intent to sell or distribute marijuana vary depending on the amount of marijuana involved, but they can include significant fines and substantial prison sentences, some up to 60 years.
- Cultivation and Manufacturing
- Growing or manufacturing marijuana is illegal in Tennessee and can result in felony charges.
- The penalties for the cultivation or manufacturing of marijuana can be severe, including substantial fines and lengthy prison sentences.
- Sale or Distribution
- Selling or distributing marijuana, regardless of the amount, is illegal in Tennessee and can result in felony charges.
- Penalties for the sale or distribution of marijuana can include significant fines and lengthy prison sentences, especially for large quantities or repeat offenders.
- Drug-Free School Zones
- Enhanced penalties may apply if the offense occurs within a drug-free school zone, such as near a school, daycare center, or park.
- Offenses committed within these designated zones may result in additional fines and extended prison sentences.
It is vital to get an experienced Knoxville criminal defense attorney from Banks & Jones on your side if you have been arrested for marijuana or any drug crime. We can help launch a vigorous defense on your behalf, working to reduce or clear the charges against you. To schedule a consultation, simply call our offices or fill out our contact form and we can get started on your case right away.
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