Common Defenses For Marijuana Possession

by Legal Author on July 5, 2019

marijuana-possession-law-defensesHaving an illegal marijuana possession charge on your record can bring a range of problems. You could be prevented from obtaining employment and desirable housing. You could lose your right to an education and have issues all throughout your life because of the criminal charges against you.

A criminal defense lawyer can fight a marijuana charge. There are a number of defenses that they can develop that will prevent a marijuana possession charge from appearing on your record.

Illegal Search Defenses

Depending on the circumstances of your marijuana arrest, a criminal defense attorney can discover the reason that you were illegally stopped, detained or searched. The law requires that law enforcement have reasonable suspicion to search your vehicle, home or person.

If the police do not present a constitution reason for their search, your case may be thrown out of court. Your criminal defense lawyer may be able to show that the search where marijuana was found was illegally conducted and needs to be withdrawn from your case.

Unknowing Possession Defense

There are also instances, when you may not know you were in possession of marijuana. For example, if you were with a friend that left their bag in your car that had marijuana in it, you respectfully didn’t know that you were in illegal possession of marijuana.

Under the law, you cannot be held responsible for marijuana possession that you were unaware of. A criminal defense lawyer can prove these circumstances in court and fight the marijuana possession charges against you.

Lack Of Possession Defense

A criminal defense lawyer can also fight a charge of possession when there is no evidence to prove that you were ever in possession of marijuana. This type of defense is typically used when multiple people are involved in a criminal incident.

When there are multiple parties to a marijuana charge, it is difficult for the prosecutors to pinpoint exactly who was in possession of the illegal drugs. A criminal defense attorney can use this to their advantage and show that you were not the one that had the marijuana in their possession.

Because it is difficult to show that just one person was in possession of marijuana, there is essentially a lack of possession by all involved.

Fleeting Possession

This is a case of not having marijuana in your possession or control. This would be equivalent to holding the marijuana for a brief second and giving it back to the person that gave it to you to look at. Because you only had the marijuana in your possession for a fleeting second, there is no way to prove that you are the possessor of the illegal drugs.

It is the job of the prosecutor to show that you actually possessed and had control of the marijuana for it to be charged as illegal possession. A criminal defense lawyer can show that you never were in possession of the marijuana in question and prevent illegal drug possession charges from being brought against you.

Fighting An Illegal Marijuana Possession

When you are facing illegal marijuana possession charges, a criminal defense lawyer has several options on how to fight your case. Illegal marijuana possession is not an automatic sentence to a crime. You may be innocent, and under these defenses, your attorney can fight the charges against you.

A criminal defense lawyer can reduce your penalties and eliminate a marijuana possession charge from appearing on your record. By providing the right evidence and presenting a strong defense can make a marijuana possession charge disappear and allow you to move forward from your arrest without penalty.

Liz S. Coyle is the Director of Client Services for JacksonWhite Attorneys at Law. She also serves as a paralegal for the Family Law Department. She is responsible for internal and external communications for the firm.

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