Arrested for Marijuana Possession in a College Dorm: Legal Options for Students

Law Offices of Fisher Wise and Associates

July 28, 2025

When a college student is arrested for marijuana possession in a dorm, the impact goes far beyond a single infraction. Tennessee law prohibits possession of any amount of marijuana—including small quantities—and those arrested are subject to criminal penalties and university discipline.

I’m Attorney Fisher Wise at the Law Offices of Fisher Wise and Associates; as a drug crime attorney in Chattanooga, Tennessee, I represent students charged with marijuana possession in college dorms. My mission is to safeguard your future—your education, housing, internships, and more.

Potential Criminal Charges

When a student is arrested for marijuana possession in a college dorm, the consequences can vary based on the amount involved and any prior offenses.

Small‑quantity possession (Class A misdemeanor)

• Possession of half an ounce (14.175 g) or less can result in up to 11 months, 29 days in jail and a $2,500 fine.

• Mandatory minimum fines: $250 (first offense), $500 (second first offense) 

• Repeat offenses could become Class E felonies depending on circumstances.

Possession over half an ounce (felony risk)

If over half an ounce is found, prosecutors often charge possession with intent—the penalty may escalate to a felony (Class E or higher), carrying 1–6 years and up to $5,000 in fines.

Paraphernalia charges

Items like pipes or bongs add a Class A misdemeanor of up to one year and $2,500. Multiple paraphernalia items or enhancement zones (e.g., near schools) can raise charges.

Dorm-search consequences

A dorm-room search may be lawful only if done under warrant, probable cause, or official consent (from the student or university rules). Otherwise, it may violate the Fourth Amendment.

Immediate Steps After an Arrest

After an arrest, taking prompt and informed action with the help of a skilled drug crime attorney can make a significant difference in protecting the student’s rights and future.

Invoke your rights

Remain silent and ask for a drug crime attorney. Don’t self‑incriminate or agree to university questioning without counsel.

Seek disclosure

I’ll file motions requesting any evidence: lab test results, police logs, and dorm entry records. Weak or missing evidence could lead to dismissal.

Challenge an unlawful search

Warrantless dorm searches often breach constitutional rights. I’ll pursue motions to suppress any illegally obtained evidence at school or in criminal court.

Coordinate with the university

The disciplinary process can continue even during legal actions. I coordinate legal and academic defense to limit consequences at both levels.

Possible Legal Defenses

When facing marijuana possession charges, exploring all available legal defenses is essential to building a strong case and potentially reducing or dismissing the charges.

• You weren’t aware of the marijuana. Claiming a lack of knowledge can work when the substance was found in shared spaces, a roommate’s belongings, or hidden by another person.

• Illegal entry by authorities. If no warrant or valid exception existed, evidence from the search may be suppressed, dramatically weakening the case.

• Chain of custody errors. If the handling of the marijuana was improper—mislabeling, contamination, lost samples—evidence may be inadmissible.

• Pretrial diversion options. Students may qualify for deferred prosecution or drug court. Completing education programs, community service, or probation can lead to a charge dismissal.

Consequences Beyond Court

The impact of a marijuana possession arrest often extends beyond the courtroom, affecting many aspects of a student’s academic and personal life.

• University discipline. A criminal arrest can activate dorm suspension, expulsion, loss of financial aid, academic probation, or revocation of scholarships, even prior to conviction.

• Financial aid impact. Under federal law, a drug conviction can suspend FAFSA eligibility; reinstatement requires completing an approved program.

• Employment and graduate opportunities. Criminal records can bar access to internships, graduate school, licensing boards, or jobs requiring background checks for years.

• Housing and housing records. Residency offices and off-campus landlords often perform background checks; past convictions can affect future leases.

FAQs

What if it was in a professor’s office or library?

Then you may still have a defense—if found in areas you don’t control, you can argue there was no intent to possess.

Will I definitely need to go to jail?

Not if it's a first misdemeanor. Prosecutors often seek probation or diversion instead. But a felony conviction carries at least one year in prison.

Can I refuse a dorm search?

Yes—without consent or a warrant, police must leave. If they don't, any evidence found may be suppressed.

How long do I have to expunge a record?

You must complete all sentencing terms and wait a set time. Typically, misdemeanors may be expunged after a few years of compliance.

Will licensure boards see my record?

Some professional boards see sealed records. It's good to speak with an attorney before filing for licensure in fields like law or teaching.

Contact Me Today

At Law Offices of Fisher Wise and Associates, I serve Chattanooga, Tennessee, Red Bank, Tennessee, East Ridge, Tennessee, Soddy‑Daisy, Tennessee, and all surrounding counties: Hamilton County, Bradley County, Marion County, Sequatchie County, Bledsoe County, Rhea County, and Meigs County. As your drug crime attorney, I’m ready to fight for your future and protect your rights. Contact me today.