When someone is facing drug charges in Nashville, one of the first questions I get is: “Can I get into drug court?” It’s the right question. Davidson County Drug Court is one of the best outcomes available in the criminal justice system for eligible defendants — it can result in dismissed charges, no felony conviction on your record, and the treatment support that makes the difference between a one-time case and a revolving door.

N. Cate Law defends Nashville drug charges across Davidson County and Middle Tennessee. Free consultation: (615) 664-8083.

But drug court is not available to everyone. The eligibility criteria are specific, the program is demanding, and getting in requires more than just asking. Here’s how it works — from qualification through graduation — based on my experience handling drug cases in Davidson County courts.

I’m Nathan Cate, a Nashville criminal defense attorney. If you or a family member is facing drug charges and wondering whether drug court is an option, this post lays out what you need to know.

What Is Drug Court?

Drug court is a specialized court program authorized by the Tennessee Drug Court Treatment Act, codified at Tenn. Code Ann. § 16-22-101 et seq. The statute gives Tennessee’s judicial districts the authority to establish drug court divisions that provide judicially supervised treatment programs as an alternative to traditional prosecution and incarceration.

The concept is straightforward: instead of processing a drug case through the standard criminal court pipeline — arraignment, plea negotiation, sentencing, probation or prison — the defendant enters a structured program that combines substance abuse treatment, regular court appearances, drug testing, and judicial supervision. If the defendant completes the program, the charges are dismissed.

Davidson County has operated a drug court for years, and it is one of the more established programs in Tennessee. The 20th Judicial District Drug Court handles cases from Nashville and Davidson County, and it has a track record of graduates who have avoided felony convictions and rebuilt their lives.

Who Qualifies for Drug Court in Davidson County

Eligibility is governed by a combination of the state statute, local court rules, and the specific policies of the Davidson County Drug Court team. Here are the general criteria.

You Must Have a Drug-Related Charge

This seems obvious, but the charge itself matters. Drug court is designed for defendants whose criminal behavior is driven by substance abuse. Typical qualifying charges include:

Simple possession of a controlled substance (any schedule)
Possession of drug paraphernalia
Certain low-level possession with intent charges
Theft or property crimes where substance abuse is the underlying driver

The charge does not have to be a felony. Misdemeanor possession charges can qualify, though the program is most commonly used for felony-level cases where the alternative is significant jail or prison time.

You Must Have a Substance Abuse Problem

Drug court is a treatment court, not a get-out-of-jail-free card. The program requires a clinical assessment confirming that you have a substance abuse disorder. If you’re charged with possession but don’t have a substance abuse problem — for example, you were holding drugs for someone else — drug court may not be the right fit, and the drug court team may not accept you.

The assessment is typically conducted by the drug court’s treatment provider and looks at your history of substance use, prior treatment attempts, and current level of dependency.

You Cannot Have Certain Prior Convictions

This is where eligibility narrows significantly. Davidson County Drug Court generally excludes defendants with:

Violent felony convictions. If you have a prior conviction for a violent offense — assault, robbery, homicide, aggravated burglary — you are likely ineligible.
Sex offense convictions. Any sex offense on your record is a disqualifier.
Prior drug court participation. If you’ve already been through drug court and failed or graduated, getting a second chance in the program is difficult.

The exclusion criteria are not absolute in every case — the drug court judge and team have discretion — but these categories are the bright lines.

The Current Charge Must Fall Within Program Parameters

Not all drug charges qualify. Distribution charges above a certain threshold, drug trafficking charges, and cases involving large quantities or firearms are typically excluded. The program is designed for people whose cases reflect addiction, not commercial drug dealing.

Cases involving violence in connection with the drug offense — for example, an assault during a drug transaction — are also generally excluded.

You Must Be Willing to Participate

Drug court is voluntary. No one is forced into it. You must agree to the terms of the program, which include regular drug testing, treatment compliance, court appearances, and the possibility of sanctions (including jail time) for non-compliance. If you’re not willing to submit to the program’s requirements, the drug court team will not accept you, and you’ll proceed through the regular criminal court process.

How to Apply for Drug Court

The application process in Davidson County generally follows this sequence:

Step 1: Defense Attorney Referral or Self-Referral

In most cases, your defense attorney identifies drug court as a potential option and discusses it with the prosecutor assigned to your case. The prosecutor must agree to refer the case to drug court — this is not solely a defense decision. In some cases, the judge may recommend drug court, or you can request consideration through your attorney.

Step 2: Screening and Assessment

Once a referral is made, you undergo a screening process. This includes a substance abuse assessment, a criminal history review, and an interview with the drug court team. The team evaluates whether you meet the eligibility criteria and whether the program is appropriate for your situation.

Step 3: Staffing Decision

The drug court team — which includes the judge, prosecutor, defense attorney, treatment coordinator, probation officer, and case manager — reviews your application in a staffing meeting. This is a collaborative decision. All parties have input, and the drug court judge makes the final call on acceptance.

Step 4: Entry and Orientation

If accepted, you enter the program and attend an orientation where the rules, expectations, phases, and consequences are explained in detail. Your case is transferred to the drug court docket, and you begin the program.

What the Drug Court Program Looks Like

Davidson County Drug Court is structured in phases, and participants progress through each phase by meeting specific benchmarks. The program typically lasts 12 to 18 months, though it can be longer depending on individual progress.

Phase Structure

The program is divided into phases — commonly four — with decreasing intensity as the participant demonstrates stability:

Phase 1 (Stabilization): The most intensive phase. Participants attend court weekly or bi-weekly, submit to frequent drug testing (often multiple times per week), attend substance abuse treatment sessions (individual and group), and check in with their case manager regularly. Phase 1 typically lasts 2 to 4 months.

Phase 2 (Treatment): Court appearances become less frequent (bi-weekly), drug testing continues but may shift to random scheduling, and treatment sessions continue. The focus shifts from stabilization to active therapeutic work — addressing the underlying issues that drive substance use. Phase 2 typically lasts 3 to 4 months.

Phase 3 (Maintenance): Court appearances are monthly, drug testing is random, and the participant is expected to demonstrate stability — steady employment or education, stable housing, consistent clean screens. Community service may be required. Phase 3 lasts 3 to 4 months.

Phase 4 (Transition/Pre-Graduation): The final phase before graduation. The participant is largely independent, with monthly or less frequent court appearances and continued random testing. The focus is on building a sustainable plan for life after the program.

Drug Testing

Drug testing is a cornerstone of the program. Testing is frequent, random, and observed. Positive tests or missed tests result in sanctions. The program uses the testing not just as a monitoring tool but as an accountability mechanism — participants know that any use will be detected quickly.

Treatment Components

Treatment is individualized based on the participant’s assessment. Common components include:

Individual counseling — one-on-one sessions with a licensed substance abuse counselor
Group therapy — peer-based sessions addressing addiction, triggers, coping mechanisms
12-step or recovery support meetings — AA, NA, or equivalent community programs
Mental health treatment — if a co-occurring mental health disorder is identified (depression, anxiety, PTSD), the program addresses both conditions
Medication-assisted treatment (MAT) — in appropriate cases, medications like Suboxone or Vivitrol may be part of the treatment plan

Sanctions and Incentives

Drug court operates on a graduated sanctions model. Minor infractions (a missed appointment, a late drug test) result in minor sanctions (community service hours, an essay, additional meetings). More serious violations (a positive drug test, a new arrest) result in escalating sanctions — up to and including jail time.

The flip side is incentives. Progress is recognized and rewarded — reduced testing frequency, phase advancement, public acknowledgment in court, reduced program requirements. The combination of sanctions and incentives is designed to reinforce compliance and recovery.

What Happens When You Graduate

Graduation from drug court is the goal, and it comes with concrete legal consequences:

Charges are dismissed. Upon successful completion of the program, the charges that brought you into drug court are dismissed. You do not have a felony conviction on your record from this case.
No incarceration. You avoid the prison or jail time that would have been imposed through the regular court process.
Record benefits. Because the charges are dismissed, you may be eligible for expungement of the arrest record under Tennessee law. This is a significant long-term benefit — it means the arrest itself can be removed from your criminal history.

Graduation is a formal event. The drug court judge, the treatment team, and fellow participants recognize the accomplishment. Having attended several of these ceremonies, I can tell you they are one of the more meaningful moments in criminal court — the opposite of the grinding, adversarial process that characterizes most proceedings.

What Happens if You Fail

Not everyone completes drug court. If you are terminated from the program — due to repeated violations, a new criminal offense, or voluntary withdrawal — your case returns to the regular criminal court docket. The original charges are reinstated, and you face sentencing in the standard court process.

The time you spent in drug court does not automatically count against your sentence, though the judge may consider your participation and partial compliance as mitigating factors at sentencing. Failure in drug court is not the end of the road, but it does mean you’ve lost the dismissal option and are back in the standard prosecution pipeline.

Drug Court vs. Pretrial Diversion

People sometimes confuse drug court with pretrial diversion. Both can result in dismissed charges, but they are different programs:

Pretrial diversion (governed by Tenn. Code Ann. § 40-15-105) is a less intensive program available to eligible defendants, typically first-time offenders. It involves probation-like conditions for a set period, and if you comply, the charges are dismissed. There’s less treatment structure and less judicial supervision than drug court.
Drug court is specifically designed for defendants with substance abuse disorders and provides intensive, judicially supervised treatment. It’s a longer and more demanding commitment, but it addresses the root cause of the criminal behavior.

In some cases, pretrial diversion is available and drug court is not, or vice versa. In other cases, both are options and the question is which program is the better fit. This is a conversation to have with your attorney, who can evaluate the specific charges, your history, and your treatment needs.

Why Drug Court Matters

Davidson County processes thousands of drug cases each year. The traditional path — prosecution, plea, probation or prison — addresses the legal charge but often does nothing about the addiction that created it. A defendant who serves a sentence and returns to the same environment, the same triggers, and the same untreated disorder is likely to reoffend. That cycle benefits nobody.

Drug court breaks the cycle by treating the underlying condition under judicial supervision. The recidivism data supports this — drug court graduates reoffend at significantly lower rates than defendants who go through the standard process. And from a purely practical standpoint, a dismissed charge is worth more to your future employment, housing, and life trajectory than a felony conviction followed by probation.

If you’re facing drug charges in Davidson County, learning more about your options is the first step. You can read about how I handle drug cases on my practice areas page, or contact me directly for a case-specific evaluation.

Frequently Asked Questions

How long does drug court take in Davidson County?

The typical drug court program in Davidson County lasts 12 to 18 months, though it can be longer depending on individual progress. Participants must complete all phases of the program, maintain clean drug screens, and meet treatment and compliance benchmarks. Setbacks — positive tests, missed appointments — can extend the timeline because phase advancement requires demonstrated stability.

Can I get into drug court for a marijuana charge?

Yes. Drug court in Davidson County is not limited to cases involving hard drugs. If you have a marijuana-related charge and a clinically documented substance abuse problem, you may be eligible. The key factor is whether the drug court team determines that your criminal behavior is driven by a substance abuse disorder that the program can address. Simple recreational use without a dependency pattern may not qualify.

Do I have to plead guilty to enter drug court?

The procedural requirements vary, but in Davidson County, entry into drug court typically involves a deferred adjudication framework — the case is held in abeyance while you participate in the program. You do not necessarily enter a guilty plea at the outset. Upon successful graduation, the charges are dismissed. Your defense attorney will explain the specific procedural posture of your case before you agree to enter the program.

What happens if I fail a drug test while in drug court?

A positive drug test results in a graduated sanction. The severity depends on the circumstances — a single positive test early in the program may result in increased testing, additional treatment sessions, or community service hours. Repeated positive tests escalate to more serious sanctions, potentially including short-term jail stays. Multiple failures may result in termination from the program. The drug court team evaluates each situation individually, and a single relapse does not automatically mean you’re out of the program.

Is drug court available for felony charges?

Yes. Drug court in Davidson County accepts both felony and misdemeanor drug charges, though it is most commonly used for felony-level cases where the alternative is significant incarceration. The specific charge must fall within the program’s parameters — high-level distribution charges, trafficking, and cases involving violence or firearms are generally excluded. Simple possession, lower-level possession with intent, and drug-driven property crimes are the most common qualifying charges.

Can I work while in drug court?

Yes. Drug court is designed to be compatible with employment. While the program is intensive — particularly in the early phases with frequent court appearances, drug testing, and treatment sessions — participants are expected to maintain employment or pursue education. The court and treatment team will work with your schedule. Stable employment is one of the benchmarks for phase advancement and graduation.

Charged with a drug offense in Davidson County? Call (615) 664-8083 for a free consultation.