I have cancer and use marijuana that I have to purchase illegally. I was arrested recently for possession. Is there any way I can fight the charge?
Can I fight a marijuana possession charge if I have cancer and use it medicinally?
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Answer: (1)
There are many states where legalizing medical marijuana has not occurred. If you live in one of these states, medical use will not be a defense to possession. However, if you live in a state that allows medical use of marijuana, but you purchased it from a source other than an approved dealer, you should contact an attorney to see about the laws in your state. There are currently 13 states that have legalized medical marijuana use.
Depending on where you are located and assuming your state does not allow for medical use, if you do not have any prior charges, you may be able to request probation for your first offense of possession. Most states have reduced penalties for possession of small amounts of marijuana as opposed to other drugs.
Posted by Leather Martin on 21 Jan 2010