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Memphis Drug Charge Attorney
Still Illegal, and Memphis Police Still Enforce It
While marijuana may be legal in some states, it's still very much illegal in Tennessee. The City of Memphis passed an ordinance reducing penalties for small amounts of marijuana — but Memphis police have continued to enforce state law and are still making arrests. If you were pulled over for speeding, involved in a car accident, or stopped for a DUI investigation and drugs were found, you are facing the full weight of Tennessee drug law regardless of the amount.
Attorney Jason Balestrini and the attorneys at Balestrini, Barnes, Jaber & Wood, PLLC are litigators dedicated to defending your rights. For years, we've helped people fight bogus arrests and convictions stemming from the inequitable war on drugs. Jason has handled hundreds of drug cases and believes there is no area of law where a criminal defense attorney can make a bigger impact than in defending drug charges.
Nearly all drug arrests involve a search and seizure, usually without a lawful warrant. Jason litigates these hearings on the principle that the government cannot break the law in order to arrest you. He also works to get clients into drug court and other diversion programs.
Drug charge? Don't let the government bully you. Attorney Jason Balestrini will fight to keep your record clean. Call (901) 578-1515.
Your Attorney
Jason Balestrini — Memphis Drug Charge Attorney
Attorney Jason Balestrini's practice is dedicated exclusively to criminal law in Shelby County. He has handled hundreds of drug cases across the full range of charges — simple possession, possession with intent, trafficking, and everything in between. He knows how Memphis drug cases are built, where the search and seizure issues arise, and how to challenge the evidence that the prosecution is counting on.
Most drug cases start with a traffic stop. A speeding ticket turns into a search. A DUI investigation turns into a drug arrest. Jason knows exactly how these cases develop and where the Fourth Amendment arguments are strongest. He has litigated these hearings in Memphis courts since 2012, in cases where the evidence came in because the government crossed the line.
Learn more about Attorney Jason Balestrini →
Cocaine Charges
Cocaine — Tennessee Law & Penalties
Tennessee law classifies cocaine as a schedule II drug. A conviction for simple possession of cocaine, or possession with intent, could result in heavy fines and/or a lengthy prison sentence. If you have been charged with a cocaine-related drug offense in Memphis, Tennessee, you need an aggressive Memphis cocaine attorney who knows the ins and outs of Tennessee's cocaine laws and Memphis drug court.
Because of the war on drugs, Tennessee cocaine laws are very harsh. Tennessee courts are not lenient on defendants who have been caught possessing or selling cocaine. Depending on the amount, Tennessee law requires a mandatory fine ranging from $750 to $100,000. If you have a prior drug conviction or possess cocaine near a school, the penalties could be greatly increased.
Cocaine Penalties in Tennessee
- Simple possession: Mandatory fine of $750–$2,500. Maximum jail term of 11 months and 29 days. Court may also order mandatory random drug screens and drug treatment.
- Felony (less than 0.5 grams): 3–15 years in prison. Fine up to $100,000.
- Felony (0.5 grams or more): 8–30 years in prison. Fine up to $100,000.
Defending a cocaine case requires specialized knowledge of Tennessee drug laws and the Memphis drug court system. You need a drug charge lawyer experienced at arguing against violations of your constitutional rights due to unreasonable searches and seizures.
Marijuana Charges
Marijuana — Still Illegal in Tennessee
In Tennessee, all forms of marijuana — even medicinal — are illegal. Tennessee imposes severe penalties for marijuana offenses. Convictions for possession of one-half ounce (14 grams) or less are punishable by longer sentences than under federal law. A third conviction for possession is punishable by up to 6 years in prison. Convictions for the sale of marijuana are similarly based on weight, with 300 pounds or more carrying a maximum sentence of 60 years. Compared to other drug offenses and violent crimes, these terms are unnecessarily severe.
Both federal and state marijuana laws target a specific demographic and result in discriminatory penalties for the same offense. If you are facing a marijuana charge in Memphis, Attorney Jason Balestrini can help.
Know Your Rights
First, use common sense. Do not leave marijuana or drug paraphernalia in plain view where police can see it. Remember that the smell of marijuana is pungent and carries — law enforcement can detect it from far away.
Second, know your rights. Police are intimidating, but they do not have the authority to violate your Fourth Amendment right against unreasonable searches and seizures or your Fifth Amendment right to remain silent and be represented by counsel. Remember that you never have to consent to a search or answer questions by yourself.
Your Constitutional Rights
Search and Seizure — Your Most Powerful Defense
Nearly all drug arrests involve a search and seizure. In most cases, that search happens without a lawful warrant. The Fourth Amendment to the United States Constitution protects you from unreasonable searches and seizures by the government. If law enforcement obtained evidence against you through an unlawful search — without a valid warrant or a recognized legal exception — that evidence may be suppressible.
A successful motion to suppress can result in the evidence being thrown out entirely. Without that evidence, the prosecution often has no case. This is one of the most powerful tools in drug defense, and it is where Jason spends most of his time on these cases. The government cannot break the law in order to arrest you. When they do, he holds them accountable.
If you were searched without a warrant, or if you believe your rights were violated, do not discuss the details with anyone except your attorney. Call us first: (901) 578-1515.
The Hearing That Decides It
What Actually Happens at a Suppression Hearing
The only witness is usually the officer. That is the whole hearing. No jury, no victim, no experts. One officer on the stand explaining why he did what he did, and one attorney asking him questions about it.
That is why this is where drug cases get won. Everything the State has runs through one person’s account of a traffic stop.
When a stop escalates
A simple traffic stop does not always stay simple. If the officer develops probable cause to search the vehicle, and there is a gun in it, and there are drugs, and the driver is not here legally, what started as one patrol car turns into an interagency parade.
We have seen a single stop pull in the Memphis Police Department, the Organized Crime Unit, the DEA, ICE, and the ATF for the gun.
Why that matters to your case
More agencies means more officers, more reports, and more accounts of the same fifteen minutes. Those accounts have to line up with each other and with the body camera. When they do not, that is the case.
It also changes the exposure. A gun can move the case to federal court, which is a different system with different rules and a different timeline. Most of these still start and stay in Shelby County, but when one does go federal, Attorney Patrick Barnes handles it. Felon in possession →
What We Handle
Drug Charges We Defend
- Simple possession — marijuana, cocaine, methamphetamine, heroin, prescription drugs
- Possession with intent to sell or deliver
- Drug trafficking and distribution
- Drug paraphernalia charges
- Sale of a controlled substance
- Possession near a school zone
- Drug court eligibility and diversion programs
- Felony drug charges of all levels
Common Questions
Drug Charges in Memphis — What You Need to Know
How do most drug arrests happen in Memphis?
The majority of drug arrests in Memphis start with a traffic stop — a speeding ticket, a broken tail light, an accident, or a DUI investigation. Once the officer has you stopped, they look for reasons to search the vehicle. The smell of marijuana, a visible pipe, or nervous behavior can all be used as justification. What happens during that stop — what you say, whether you consent to a search, and whether the officer's actions were lawful — often determines the outcome of the entire case.
Is marijuana still illegal in Memphis even though the city passed a decriminalization ordinance?
Yes. The City of Memphis passed an ordinance reducing penalties for small amounts of marijuana, but Memphis police have continued to enforce Tennessee state law, which makes all marijuana illegal regardless of amount. Do not assume a small amount of marijuana will be treated as a civil matter — officers are still making arrests, and Tennessee drug laws carry real consequences including jail time and a permanent criminal record.
What is a motion to suppress and how can it help my drug case?
A motion to suppress is a legal argument that evidence against you was obtained through an unlawful search or seizure in violation of your Fourth Amendment rights. If the court grants the motion, that evidence is excluded — and without the drugs or paraphernalia as evidence, the prosecution often has no case. Attorney Jason Balestrini has litigated suppression hearings in Memphis courts since 2012. The search is frequently where the case is won or lost.
Do I have to consent to a search during a traffic stop?
No. You have the right to refuse consent to a search. If an officer asks "can I search your car?" — that is a request, not a command. You can say no. The officer may still conduct a search if they have probable cause or another legal basis, but refusing consent preserves your rights and may be critical to a suppression argument later. Never physically resist a search, but clearly stating "I do not consent to a search" matters legally.
What is the difference between simple possession and possession with intent in Tennessee?
Simple possession means having a controlled substance for personal use. Possession with intent to sell or deliver is a more serious felony charge that carries significantly higher penalties. Intent is often inferred from the amount of the drug, the presence of scales or baggies, large amounts of cash, or multiple cell phones. The line between the two charges can be disputed, and an experienced attorney can often challenge the intent element effectively.
What are the penalties for a drug conviction in Tennessee?
Penalties vary widely depending on the drug, the amount, and whether it is a first offense. Simple possession of marijuana is a misdemeanor punishable by up to a year in jail and fines. Cocaine possession under 0.5 grams is a felony carrying 3–15 years. Larger amounts can carry 8–30 years. Possession near a school zone or with a prior conviction increases penalties significantly. Beyond jail time, a drug conviction can affect employment, housing, professional licenses, and financial aid eligibility.
Can I go to drug court instead of being convicted?
Possibly. Tennessee has drug court and diversion programs that allow eligible defendants to complete treatment and supervision in exchange for having charges dismissed or reduced. Eligibility depends on the charge, the defendant's prior record, and the specific program. Jason regularly works to get clients into drug court and diversion programs. It is not available in every case, but when it is, it can make a significant difference in outcomes.
What should I do if I was arrested for a drug charge in Memphis?
Do not answer questions without an attorney present. Do not discuss the details of your case with anyone — including friends, family, or other inmates. Do not consent to any additional searches. Invoke your right to an attorney immediately and call us as soon as possible. The decisions made in the first hours after an arrest can have a significant impact on your case.