19 year old first offense was arrested for possession of 1 ounce of marijuana with intent to sell and obstruction of public highway.

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19 year old first offense was arrested for possession of 1 ounce of marijuana with intent to sell and obstruction of public highway.

What will sentencing be if charged for first offense marijuana possession with intent to sell?

Asked on May 22, 2009 under Criminal Law, Tennessee

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

In Tennessee, possession with intent to sell is a felony; the class of felony depends on the weight of the marijuana involved.  In your case it would be a Class E since it was between .5 oz to 10 lbs. The penalty is 1-6 years in prison and up to a $5,000 fine.  However, with your being a first time offender you might be eligible for something called "diversion".  This would give you probation, and assuming you fullfill all probationary terms, you could be left with a clean criminal record. 

However, I am not licensed in Tennessee.  You need to speak to a criminal attorney in the area where all of this happened.  He will know people in the prosecutor's office and hopefully can work out something along the lines of diversion.


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