Any person, who has been charged with marijuana possession, should seek trusted legal representation. A practiced attorney can assess evidence, file motions, and advocate your participation in a drug court program. Do what is best for you and contact Brian Benken at The Benken Law Firm.
If you have any prior drug-related arrests, charges, or convictions on your criminal record and you get caught with 10 grams or less of marijuana or drug paraphernalia, you are NOT considered a first-time offender, so the maximum penalty would be a $2,000 fine and 1 year in jail, instead of a $500 fine and no jail time.
Most criminal defense attorneys offer a free consultation, in which they will discuss your case and help you determine whether you should go to trial or negotiate a plea bargain deal to get your marijuana or drug paraphernalia ticket dismissed or reduced to a lesser offense, such as “Littering.”
It may be tempting to plead guilty and pay the $150 fine for a marijuana or drug paraphernalia ticket you received at a concert in Maryland Heights (for example) instead of hiring a lawyer to get you a better deal.
Effective immediately, under New York State Law, there are no penalties for public possession of up to three ounces of cannabis or 24 grams of marihuana concentrates. However, under New York State Law, it is still illegal to possess or sell more than three ounces of cannabis or more than twenty-four grams of concentrated cannabis.
Violators face fines of up to $2,500 and 1 year in jail. 1,000 to 20,000 grams: Penalties include fines of between $5,000 and $10,000 and up to five years in prison. 20,000 to 40,000 grams: Penalties include a minimum of five years in prison (maximum of eight years) and between $7,500 and $15,000 in fines.
Marijuana possession has its own set of guidelines in the state of Missouri. First-time offenders caught with up to 10 grams of marijuana do not face jail but can be charged a fine of up to $500. Second-time offenders caught with 10 grams or less are subject to a penalty of up to one year in jail and a $2,000 fine.
Possession for Personal Use Possession of 1 ounce or less of marijuana is a misdemeanor punishable by up to 12 months imprisonment and/or a fine up to $1,000, or public works for up to 12 months. Possession of over an ounce is a felony punishable by a minimum of 1 and maximum of 10 years imprisonment.
100 gramsPenalties for Possession of Marijuana in Ohio Possession of up to 100 grams of marijuana (or the equivalent in solid or liquid hashish) is considered a minor misdemeanor that may result in a $150 fine, but no jail time is required, and the offense is not included on the defendant's criminal record.
Missouri Misdemeanor Marijuana Offenses Possession up to 10g: Those charged with possessing marijuana under 10g for the first time face misdemeanor charges, up to $500 in fines, but no jail time. However, subsequent misdemeanor convictions can lead to higher fines, and jail time (up to one year).
How to Beat a Drug Possession Charge: 5 Tips for SuccessKnow Your Fourth Amendment Rights. The first and perhaps most important thing you can know for how to beat a felony drug charge is to learn your Fourth Amendment rights. ... Consider Compromising. ... Refuse to Acknowledge Possession. ... Claim Entrapment. ... Use Medical Exceptions.
If the prosecutor cannot prove the defendant knowingly and intentionally possessed the drugs through the use of witness statements, audio/video recordings, physical evidence, and crime lab analysis, then the drug possession charge should get dismissed or the defendant found not guilty at trial.
Is Recreational Marijuana Legal in Georgia? Georgia has not “decriminalized” recreational marijuana use like some other states have. Possession of even less than one ounce is still considered a crime. Growing marijuana, even for your personal use, or possessing more than an ounce of the drug can be charged as a felony.
Unlawful possession of Schedule III, IV or V controlled substance is a felony and punishable by a 1 to 5-year term of incarceration. Unlawful sale/distribution of any Schedule I or II Controlled Substance is a felony punishable by a term of incarceration of one to 30 years in prison, depending on quantity.
Felony Marijuana Possession. Ohio's laws prohibit a person from knowingly obtaining, possessing or using a controlled substance, including marihuana.
Cannabis in Ohio is legal for medical use and illegal for recreational use. Since 1975 possession of up to 100 grams (31⁄2 oz) has been decriminalized, with several of the state's major cities having enacted further reforms. Medical use was legalized in 2016 through a bill passed by the state legislature.
In Ohio, marijuana is classified as a Schedule I substance, which means that it has a high potential for abuse and no generally recognized medical value. (Ohio Rev. Code Ann.
$ 500Missouri Laws and PenaltiesOffensePenaltyMax. FinePossessionUp to 10g (first offense)Misdemeanor$ 500Up to 10g (second offense)Misdemeanor$ 2,000More than 10g - 35 gMisdemeanor$ 2,00030 more rows
Missouri Marijuana Possession Warning Although possession of under 35 grams of marijuana is a misdemeanor under Missouri law, many jurisdictions throughout Missouri wrongfully charge THC concentrates as a felony even when under 35 grams.
Driving Under the Influence of Marijuana Adult-use, or recreational use, of marijuana, is illegal in Missouri. Therefore, a person could be convicted for possession if they are found without a prescription, or with marijuana in their possession at the time of the arrest.
Most criminal defense attorneys offer a free consultation, in which they will discuss your case and help you determine whether you should go to trial or negotiate a plea bargain deal to get your marijuana or drug paraphernalia ticket dismissed or reduced to a lesser offense, such as “Littering.”
Here is a list of the maximum potential penalties in Missouri for misdemeanor marijuana or drug paraphernalia tickets:
The Montgomery County State's Attorney's Office uses these sessions to expose people with minor paraphernalia, possession of CDS and possession of alcohol charges to the idea of going to IPSA [intervention program for substance abuse] or the County-run ACS program so that trial dates are not glutted with people signing up on the trial date.
As a general rule, if you have criminal charges you should get a lawyer. Just from what you tell me in your question I wonder if there is a suppression issue.
If you're accused of possessing less than an oz in California, you are not entitled to the Public Defender's services. Simple possession is an infraction, just like a traffic ticket. It's a small fine and no mandatory court appearance. Don't waste your money hiring a lawyer. If you're accused of anything more serious than simple possession (e.g. intent to distribute, transportation, etc.), then you should definitely speak with a private attorney to discuss your options before you make any decisions in the case.
A public defender is an attorney and most are very experienced and good at what they do despite a somewhat sordid public opinion. Even a first offense marijuana charge can have severe consequences such as a loss of your driving privileges , not to mention fines & costs, probation, and possibly jail. Stick with an attorney just to be on the safe side.
You can hire your own attorney, but you can't get one appointed. If this is charged as a misdemeanor because it was in a car, then yes, you can request a public defender if you financially qualify.
Depends upon whether you have a defense. It's a minor charge with only a fine if convicted, but it will be on your record. If it was a traffic stop, there may be an illegal search issue, it would be wise to contact an attorney.
Whether you hire an attorney or request court appointed counsel, ie public defender, the simple answer is yes. Simple Possession is a class A misdemeanor punishable by up to 11 months 29 days in jail. A drug conviction on your record can effect employment opportunities, student loan eligibility under certain circumstances, etc. With much at stake, I would suggest that you obtain a criminal defense attorney.
That being said, you can always "settle" your case if you are willing to agree to the DA's officer. In many cases the DA's offer isn't your best option.
Expungement. People with prior marihuana related convictions in New York State that would now be legal under the new law would have their records automatically expunged. Under New York State Law once a conviction is expunged, it cannot be used against an individual when they apply for housing, student loans, or a job.
However, under New York State Law, it is still illegal to possess or sell more than three ounces of cannabis or more than twenty-four grams of concentrated cannabis. See NYS Penal Law Art 222 for a list of new Cannabis/marihuana related offenses and the fine or civil penalty associated with each violation level offense.