Can My Criminal Defense Attorney Get Me A Less Severe Punishment for Marijuana Possession?

Marijuana isn’t legal everywhere. You discovered that after getting arrested. Because you lived in a state where marijuana is illegal, now, you’re facing harsh penalties. Penalties like jail time and fines. Or, personal consequences at work and home.

You knew bad things could happen, so you hired a criminal defense attorney. Maybe you’ll get a less severe penalty. If so, you need to know about the penalties for marijuana, including, how your attorney will defend you and negotiate a penalty you can live with.

What are the penalties for possessing a small amount of marijuana?

The law controls who can use marijuana. Mostly, that’s adults over 21. The law governs how much marijuana you can have. Say, for example, only 10 grams. Additionally, where you smoke matters, for example, you can’t smoke on someone’s property, or, in some cases, anywhere in public. Ignorance isn’t a legal defense in court, so, it’s your responsibility to know the laws in your state. You’ll also want to consider other factors as well, such as, whether you were driving while in possession, or, whether you were around children or vulnerable adults. Of course, being convicted of related crimes in the past is one of many factors that can influence the penalty a judge imposes.

Marijuana use has serious implications. Cannabis use can lead to mental health disorders and addiction. So, lawmakers must consider how marijuana use impacts the community. Other factors, such as marijuana use in school are considered. But penalties for marijuana possession must fit the crime. So, any valid legal resource would suggest that you, the defendant, hire an attorney following a marijuana-related arrest. Better for an attorney to counsel you on the law as you need to understand and respect it in the future.

For example, Wyoming, Kansas, Idaho, and South Carolina are states that prohibit marijuana possession. So, the last thing you’d want to do is visit the geysers of Yellowstone National Park with marijuana in your back pocket. In Wyoming, having up to three ounces can get you up to 12 months imprisonment. That’s in addition to a $1,000 fine. All the more reason to have your attorney’s number ready. But in Kansas, possessing any amount of marijuana can get you six months behind bars. Certainly, six months along with the possibility of a $1,000 fine will make you think hard about relocating.

Relocate or go to jail, hiring an attorney means accepting the truth, the reality, and a good glimpse into a treacherous future. For now, you need focus, determination, and most importantly, optimism. Now, your attorney can fight for you in court.

How a criminal defense attorney will fight for you in court

For marijuana possession, having a criminal defense attorney can mean having an advocate to point out unlawful searches and seizures. Occasionally, you might not have the skill that’s required to dig into the facts, then, gather evidence. In addition, witnesses need to be interviewed. Plus, you need time to formulate a plea. Of course, if you’re jailed, there’s bail negotiation. So, if you think you can escape charges, no one can redirect you but an attorney. Criminal defense attorneys help defendants get straight on the facts. The facts regarding marijuana law vary in each state.

Years ago, penalties for marijuana possession were harsh, overly punitive, and destroyed families and communities alike. In 1990, studies showed 82% of the increase in drug arrests was attributed to marijuana offenses. Meaning, defendants showed up in court repeatedly, costing cities substantial amounts of money in court proceedings. Mass incarceration was the outcome, with 88% of 700,000 arrests occurring due to possession. The Reagan Administration failed to accept the consequences of harsh penalties. The result was that people suffered.

Now, today, you may be one of many people needing a criminal defense attorney following a marijuana-related arrest. But the arrest alone should be enough to cause you concern. An attorney may be left trying to convince a jury that you’re a better person trying to better yourself. Their efforts require positive input on your behalf, so tell your side of the story with conviction. Whether at trial, during plea negotiation, or while waiting to hear your sentence, remember that your demeanor matters. An attorney can get you a reduced sentence for marijuana. But only when you put as much effort into the fight as them.

How a criminal defense attorney can get you a reduced sentence

Criminal defense attorneys give the truth to defendants from the start. If you’re like Richard DeLisi and were caught smuggling hundreds of pounds of marijuana from another country, you’re in trouble. The law hasn’t caught up with marijuana enough to forgive major trafficking and distribution efforts by dealers. Fortunately, your attorney can still help you get a reduced sentence if you weren’t engaged in any violence. A plea bargain would require you to plead to one or more lesser charges so a more serious charge can be dropped. The criteria to secure a plea bargain varies depending on the unique factors of each case.

For example, a previous criminal record hurts your chances, but misdemeanor and nonviolent offenses will sway a prosecutor or judge. But, not violent offenses. And of course, blatantly consuming marijuana in a shopping center would be frowned upon. But private consumption on the sidewalks of your neighborhood late at night? Your case might not earn the same disapproval. So, you might have a better chance of avoiding life-altering penalties.

A criminal defense attorney is tasked with investigating the strengths of your case and presenting a prosecutor with an argument on your behalf. They might say a jail sentence would be too costly, or merely adds to the problem of jail overcrowding. Or, they might argue it would take long months to resolve a trial, or that rehabilitation would be more ideal than punishment. Either way, reduced sentences come down to the individual circumstances of each case.

Wrapping up

Possessing a small amount of marijuana might not hurt. Not if you live in a state where marijuana’s been decriminalized. But if you’ve been caught where possession is a crime, you’ll want a decent lawyer. But not just any lawyer. You need a criminal defense attorney who will give you the details straight. So, you can learn from your mistake and move on. There are chances for your attorney to negotiate a less severe penalty. Much of that chance depends on your choices.

Any decent attorney would want you to keep your nose clean. Not have to come to them for help unless necessary. But a plea bargain might be necessary. So, consider yourself lucky if this is a first-time offense. Whatever factors influence your case, education about the law is important. If your marijuana use led to a personal injury that’s not your fault, make sure you have all of your personal injury documents for a lawsuit. Now you're ready to read 3 Steps to Finding Missing Evidence for Your Personal Injury Lawsuit.