Tennessee & Georgia Drug Charge Lawyers

Facing a drug charge? Your future is worth fighting for.

A drug charge can threaten your freedom, your job, and your record, even when it’s a first offense or a small amount. Davis & Davis defends people charged with drug crimes on both sides of the state line, from our offices in Chattanooga and Winchester, Tennessee, and Dalton, Georgia.

A charge isn’t a conviction.

Drug Crime Defense

Drug Charges in Tennessee & Georgia

Both states grade drug crimes by the type of substance, the amount, and what prosecutors say you intended to do with it. A small amount for personal use is treated very differently from a charge of selling or trafficking, and the same amount can lead to different charges in Tennessee and Georgia.

The consequences reach beyond the courtroom. A drug conviction can affect your job, professional license, housing, and immigration status. The good news is that many drug cases have real defenses, and first-time offenders in both states may qualify for programs that keep a conviction off their record.

ON THIS PAGE

01

Drug Possession Charges

Possession is the most common drug charge, and it’s where the two states differ most. In Tennessee, simple possession of a small amount is often charged as a misdemeanor for a first offense, though repeat charges can become felonies. In Georgia, possession of most controlled substances is a felony from the start, with an exception for small amounts of marijuana.

You don’t have to be holding drugs to be charged. Prosecutors often rely on “constructive possession,” claiming you had control over drugs found in a car, a shared home, or a bag. Those cases can be challenged, especially when several people had access to the same space.

02

Possession With Intent to Distribute

A possession charge can quickly become a felony charge for intent to sell, deliver, or distribute. Prosecutors often point to the amount of drugs, how they were packaged, scales, cash, or text messages to argue that the drugs weren’t for personal use.

None of those details prove intent on their own. We look closely at how the evidence was gathered and whether it really supports the charge, and we push back when a possession case is being overcharged.

03

Marijuana Charges

Neither Tennessee nor Georgia has legalized recreational marijuana, and both states still prosecute possession. In Georgia, having an ounce or less is generally a misdemeanor, while anything more can be charged as a felony. In Tennessee, possession of a small amount is typically a misdemeanor, with more serious charges for larger amounts or sales.

Hemp-derived products add another layer of confusion. The rules for those products have changed in recent years, and it isn’t always clear what’s legal. If you were charged over a product you believed was lawful, talk to a lawyer before you assume the case is simple.

04

Prescription Drug Charges

You can face criminal charges for prescription medications, including opioids, stimulants, and anti-anxiety drugs, if you have them without a valid prescription or obtain them through fraud. Common charges include possession without a prescription, forged or altered prescriptions, and getting prescriptions from multiple doctors.

These cases often involve people who started with a legitimate prescription and developed a dependency. We look for defenses and, where it makes sense, alternatives that address the underlying problem instead of just punishment.

05

Meth, Fentanyl & Opioid Charges

Charges involving methamphetamine, fentanyl, heroin, and other opioids are prosecuted aggressively in both Tennessee and Georgia, and penalties can be severe even for smaller amounts. Fentanyl cases in particular draw serious attention, especially when prosecutors connect a sale to an overdose.

Because the stakes are so high, lab testing, drug weights, and how the substance was identified all matter. We scrutinize every step, from the search to the lab report.

06

Drug Trafficking & Federal Drug Charges

Larger quantities can lead to trafficking charges. Georgia’s trafficking laws carry mandatory minimum prison sentences tied to the weight of the drugs, and Tennessee’s penalties climb steeply with the amount involved. Many cases in our region begin with a traffic stop on interstates like I-75 and I-24.

When a case involves large amounts, multiple people, or activity across state lines, federal prosecutors may get involved. Federal drug cases follow different rules and sentencing guidelines. Our attorneys are admitted to practice in federal court and can represent you if your case is charged federally.

07

Drug Paraphernalia Charges

Pipes, scales, syringes, rolling papers, and other items can lead to a paraphernalia charge in both states, often alongside a possession charge. On its own, paraphernalia is typically a misdemeanor, but a conviction still creates a criminal record.

Paraphernalia charges are often an early bargaining point in a case. How we handle them can affect the outcome of the more serious charges, too.

08

Drug Diversion & Recovery Courts

For many first-time offenders, the best outcome isn’t just a lighter sentence. It’s avoiding a conviction altogether. In Tennessee, pretrial and judicial diversion can allow a case to be dismissed after a period of probation, and the record can then be expunged. In Georgia, conditional discharge and the First Offender Act work in a similar way, leading to dismissal and record restriction when the terms are completed.

Both states also offer drug recovery or accountability courts in many counties. These programs focus on treatment and supervision rather than jail. Andy Peters Davis volunteers with the Franklin County Drug Recovery Court Program, so we understand what these programs ask of participants and how they can change lives.

09

Drug Charge Defense Strategies

Many drug cases are won or lost on how the evidence was found. The Fourth Amendment protects you from unreasonable searches, and when police cross that line, the evidence they found may be thrown out. We examine every part of the stop, search, and arrest.

Common defenses we explore

After an Arrest

What to Do After a Drug Crime Arrest

What you say and do right after an arrest can shape your entire case.

Tennessee & Georgia Law

Tennessee & Georgia Drug Laws

The two states take different approaches to drug crimes, especially possession.

Drug schedules

Both states classify drugs into schedules based on their risk and medical use. The schedule, the amount, and the charge together determine how serious the penalties can be.

Your search rights

In both states, police generally need a warrant, your consent, or probable cause to search you, your car, or your home. Evidence from an illegal search may be excluded.

Life after a charge

A drug conviction can affect jobs, housing, professional licenses, and immigration status. Diversion programs in both states can help first-time offenders avoid a conviction.

This is general information, not legal advice. Deadlines and rules depend on the facts of each case.

Why Davis & Davis

Why Choose Our Drug Crime Lawyers

Judicial perspective

Our founder spent 22 years as a Franklin County General Sessions Judge, and Robert Davis serves as Municipal Judge in Decherd. We know how drug cases look from the bench.

Recognized criminal defense

Andy Peters Davis was named one of the American Institute of Criminal Law Attorneys’ 10 Best Attorneys in Tennessee and belongs to national and state criminal defense associations.

We understand recovery

Andy volunteers with the Franklin County Drug Recovery Court Program and Blue Monarch, a recovery program for women. We see our clients as people, not case numbers.

Drug Charge FAQs

Don’t see your question? Contact the office nearest to you. We’re here to guide you.

Related Practice Areas

More Criminal Defense Services

The sooner you get advice, the more options you may have. Contact Davis & Davis for a confidential consultation at our Chattanooga, Winchester, or Dalton office.