Marijuana Possession

Marijuana possession charges at the misdemeanor level can occur if an individual is found to be in possession of less than one kilogram or 2.2 pounds of marijuana. Any amounts greater than 1 kilogram can result in felony offenses which carry a much more significant penalty. These felony charges can also include the growing, cultivation, manufacturing or sale of marijuana or marijuana drug paraphernalia. Each different type of Possession of Marijuana charge can carry different penalties, but if children or minors are involved in any way the felony charges are much more severe.

Marijuana Possession Penalties

For those charged with possession of under 1 kilogram of marijuana, not for resale or distribution, the misdemeanor marijuana possession charges are lowest for first offenders and then increase in their severity. In situations where the charge is based on sales of drug paraphernalia, the penalties can be increased to a felony if the item is sold to a minor child.

Possible Penalties

1. Fine of up to $2000
2. One year in jail
3. Mandatory drug testing
4. Drug awareness classes
5. Probation
6. Electronic monitoring

Marijuana Possession Sentencing

Although Marijuana Possession is not as serious as other types of drug or controlled substance charges in many people's minds, judges tend to impose fairly stiff sentences even on first time offenders. The individual's age, prior convictions and overall standing in the community are typically taken into consideration as to what type of sentence is the most effective. For those that have a driver's license, suspension of the license can also occur and may be ordered by judges under specific situations. An attorney can assist in minimizing the sentence by working with the prosecuting attorney to plea bargain or agree to a treatment program rather than a conviction.

Medical Marijuana Laws and Recent Developments

Under new Federal Guidelines, enforcement and arrests for medical marijuana patients will no longer take place under Federal Law for the 14 states that allow Medical Usage. As long as the patient is clearly using the marijuana for medicinal purposes within the State Laws that already exist, no federal enforcement, arrests, fines, and charges will continue. However, if there is any suspicion of distribution and trafficking, Federal Laws will still aggressively prosecute suspected culprits.

Here are the 14 States that currently permit Medical Marijuana:

Get Legal Help For a Marijuana Possession Charge

Marijuana possession is a serious charge, even if it is at the misdemeanor level. With this type of conviction on your record changes for employment in many areas may be complete impossible. Working with an experienced criminal defense attorney can provide options for lowering the charges or even arranging probation instead of jail time, with the option to later have your record expunged.

• If you have been charged with Marijuana Possession, Submit Your Case for a Free Review from a skilled Criminal Defense Attorney.