Marijuana Possession
Possession of marijuana is against
the law under most circumstances. While some states and cities have their own
laws that allow certain quantities of the drug to be possessed for medical
purposes, such possession may still be a crime under federal law.
Marijuana possession is considered
a drug crime. “Possession” may include more situations than you think:
- Marijuana among your personal belongings, such as in your pockets, bag, purse or backpack
- Marijuana in your vehicle
- Marijuana in your home
- Marijuana paraphernalia, such as
pipes or seeds, in your home, car or your belongings
In each of these instances, the law
doesn’t care who the marijuana belongs to. So if you someone brings marijuana
into your house or leaves it in your car, even if wasn’t “yours,” you could
still be charged with a drug crime.
Also, multiple people can “possess”
the same marijuana. So if you are in a car with three friends, and there is
marijuana in the car, in some cases all of you could face possession charges.
Marijuana Law
Marijuana law typically places marijuana
into a sub-category of illegal drugs. In short, not all illegal drugs are
equal, and possession of one may carry a harsher penalty than possession of
another.
The actual drug charges brought with regard to marijuana
possession will depend on the circumstances of your case. Also, drug possession
may be one of several drug charges brought about by one arrest. If you are
found with marijuana, you may be charged with:
- Possession: Sometimes classified as
simple possession, this charge is associated with smaller amounts of marijuana.
- Intent to distribute: If you are
caught with a certain amount of marijuana – above a limit set by the law – you could
be charged with possession with intent to distribute even if you have done nothing but possess the drug. This charge is more serious
than marijuana possession and comes with harsher penalties.
- Trafficking/transporting: Similar
to intent to distribute, these charges are typically associated with larger
amounts of marijuana and arrests made in-transit. For instance, if you are caught with pot in
a car, on a boat or while trying to board a plane, you could be subject to
trafficking laws.
- Possession of paraphernalia: This
law adds additional charges to anyone found with marijuana paraphernalia. This
could include pipes, seeds or any other equipment used to smoke, transport or
grow marijuana.
- Cultivation: Growing marijuana, for
personal use or for distribution, is against the law. Growing marijuana may
bring about charges including possession, distribution and possession of paraphernalia.
- DUI and DWI: While most people think
about alcohol when they think of driving under the influence, most states' DUI
and DWI laws include provisions for anyone driving under the influence of marijuana.
- Weapons charges: If you are
arrested for possession of marijuana you may also be subject to weapons charges
that may not otherwise apply. For example, in some states a a person arrested for drug possession may be charged with possession of a weapon or the drug charge enhanced because of the presence of a weapon based on something as innocent as a baseball bat.
Keep in mind that these marijuana charges don't cancel each other out. It is possible, for example, that one arrest could lead to charges of possession, possession of paraphernalia and DUI.
Marijuana Possession Penalties
Marijuana possession, like most drug
crimes in the United States, is subject to harsh punishments. It’s not uncommon
for a drug sentence to include decades in prison.
The penalties for marijuana
possession can vary depending upon whether you were charged at the state or
federal level. Both jurisdictions contain mandatory minimum sentencing, which
can be very serious.
Mandatory minimum sentencing means
that if you are convicted of a crime, regardless of circumstances or your
previous record, the judge has no choice but to hand down a particular sentence,
often lengthy jail time.
Drug rehabilitation, coupled with
expensive fines and court costs, is a common penalty for lesser marijuana
charges and first-time offenders.
Marijuana Possession: A Criminal Defense Attorney Can Help You Protect Your Rights
Drug laws can seem strict and
intimidating. And why not? The thought of a first-offender getting 20 years in
jail isn’t easy to stomach.
If you’ve been charged with
marijuana possession or any drug crime, speak with you a criminal defense attorney today. A defense lawyer can stand up for you and help you protect your rights.
A marijuana possession conviction
can affect you for the rest of your life. Don’t leave this business in the
hands of amateurs. A lawyer can tell you about your options for
defending your case, and help you avoid costly mistakes. Find out if your marijuana arrest can be challenged. Contact a criminal lawyer today!
To speak with a defense attorney near you,
simply fill out the free online evaluation form on this page or call, toll free, 877-445-1059.
The above summary of marijuana possession is by no means all-inclusive and is not intended to provide legal advice. Laws may have changed since our last update. For the latest information on marijuana possession laws and penalties, speak to a criminal defense attorney in your area.