Can I Be Charged if the Drugs Were Not Mine? | TN Lawyer

 Posted on February 05, 2026 in Drug Crimes

Being charged with a drug crime is especially frustrating if the drugs were not yours. A common misconception is that you cannot be arrested unless the substances were found directly on you, but reality can be more complicated than that.

Drug enforcement remains active nationwide. According to FBI data, there were 736,469 arrests in the United States for drug abuse violations in 2024, including 32,971 arrests in Tennessee alone.

As of 2026, prosecutors often rely on legal theories that allow charges even when drugs are discovered in shared spaces like cars, homes, or backpacks. If you are facing drug charges, our Knox County, TN drug crimes defense lawyer can help you understand your rights and what steps to take next.

Can You Be Charged for Drugs That Were Not Yours in TN?

Tennessee law does not always require drugs to be found in your pocket for charges to apply.

Under Tenn. Code Ann. § 39-17-418, it is illegal to knowingly possess a controlled substance. Courts recognize two types of possession: actual possession and constructive possession. Constructive possession is why people are sometimes charged after drugs are found in a vehicle, apartment, or other shared location.

What Is Constructive Possession Under Tennessee Law?

Constructive possession focuses on what prosecutors believe you knew and controlled. Simply being near drugs is not always enough for a conviction, but additional evidence can strengthen the state’s case.

Examples that may lead to constructive possession allegations include:

• Drugs found in the car you were driving

• Substances discovered in a bedroom with your belongings

• Text messages suggesting knowledge of the drugs

• Behavior that officers interpret as suspicious

Each case depends heavily on the surrounding facts.

Does Being Near Drugs Automatically Mean You Are Guilty?

Presence alone does not prove possession. Prosecutors must show more than proximity. Courts typically look for signs that you knew the drugs were there and had some control over them. Without that connection, the charge may be harder to prove.

However, police often arrest first and sort out the details later. Taking the situation seriously from the start is critical.

Can Multiple People Be Charged For the Same Drugs?

When drugs are found in a shared space, law enforcement may charge more than one person. This frequently happens during traffic stops or when officers search a residence. Prosecutors may argue that several people had access and control, leaving the court to determine responsibility.

These cases can become complicated fast because each person may present a different version of events.

What Should You Do Immediately After A Drug Arrest in Tennessee?

Your actions in the early stages can affect the outcome of your case.

If you are arrested or questioned:

• Remain calm and avoid arguing with officers.

• Do not explain or try to "clear things up" on the spot.

• Exercise your right to remain silent.

• Ask to speak with a defense lawyer as soon as possible.

Early legal guidance helps prevent statements that could later be used against you.

What Defenses May Apply if the Drugs Were Not Yours?

A strong defense often centers on challenging the state’s ability to prove knowledge or control.

Potential defense strategies may include showing that you did not know the drugs were present, demonstrating that someone else had exclusive control over the area, or challenging whether the search was lawful. In some cases, evidence may be excluded if police violated constitutional protections.

Tennessee search and seizure rules, along with federal constitutional standards, can play a major role in these cases.

Can Drug Charges Be Reduced Or Dismissed in Tennessee?

Weak evidence, unclear ownership, or procedural mistakes can lead to reduced charges or dismissal.

Even when a case does not disappear entirely, negotiating for lesser penalties may be possible depending on the facts and your criminal history.

The earlier a lawyer evaluates the evidence, the more opportunities there may be to build a strong defense.

Schedule a Free Consultation With Our Farragut, TN Drug Crimes Defense Attorney

At The Baker Law Firm, we understand the stress of facing an unfair drug charge. Attorney Lance Baker provides honest, straightforward legal guidance so clients understand exactly where they stand. He has earned recognition for his legal excellence both locally and nationwide, including being named to The National Trial Lawyers Top 40 Under 40 in criminal defense.

If you are facing drug charges, do not wait to get help. Call 865-200-4117 to schedule a free consultation with a Knox County, TN drug crimes defense lawyer today.