TCA 39-17-419
Inferences
VIOLATIONViolation
What does this charge mean?
This statute allows a judge and jury to infer that a person intended to sell drugs based on the large amount possessed and other suspicious circumstances, or to infer that a small casual exchange was not for sale purposes. The jury uses these inferences when deciding the appropriate penalty.
Penalty Details
ClassificationViolation
Penalty SummaryViolation
It may be inferred from the amount of a controlled substance or substances possessed by an offender, along with other relevant facts surrounding the arrest, that the controlled substance or substances were possessed with the purpose of selling or otherwise dispensing. It may be inferred from circumstances indicating a casual exchange among individuals of a small amount of a controlled substance or substances that the controlled substance or substances so exchanged were possessed not with the purpose of selling or otherwise dispensing in violation of § 39-17-417(a). The inferences shall be transmitted to the jury by the trial judge’s charge, and the jury will consider the inferences along with the nature of the substance possessed when affixing the penalty.
View on official sourceLast verified: Feb 25, 2026
Quick Facts
VIOLATION
TCA Section39-17-419