Bethesda Marijuana Possession Lawyer 

In the state of Maryland, marijuana possession has been decriminalized, as long as the person does not possess more than ten grams. If a person is found with more than ten grams of marijuana on them, they will face marijuana possession charges.

Despite its decriminalization, marijuana possession charges can still negatively impact someone’s life. There are penalties that accompany this charge, and depending on the circumstances of the case, a person could be convicted of a felony. One could potentially be suspended from, or lose their job, as well. If you have been charged with marijuana possession, a Bethesda marijuana possession lawyer is an invaluable asset. Get in touch with an experienced attorney who is well-versed in drug laws, and can build you a solid defense.

Prosecution of Marijuana Charges

While marijuana is an illegal drug, it is not quite as severe or significant of a drug as some of the others, like heroin or methamphetamines. Another thing to consider is the trend of decriminalizing marijuana.  No matter how much heroin someone may have, it is illegal.

But in Maryland, an individual caught with under ten grams of marijuana cannot be charged criminally or arrested. And by this time next year, by the middle of 2017, most likely, a person with a patient card will be able to go walk toward a dispensary in Maryland and legally purchases ounces of marijuana every month.

Decriminalization of Marijuana in DC and Maryland

The District of Columbia actually has not only decriminalized it, they have legalized it, meaning it is legal to have up to twenty grams of marijuana. In Maryland, decriminalization is not the same as legalization. Legalization means a person can have it, a person can use it, a person can smoke it, and a person can do whatever a person wants with it.

Decriminalization means that a person cannot have it, a person cannot smoke it, and if they are caught, they will take it from that person but they cannot arrest that person for it. It is no longer a crime, just like it is technically not permitted to speed on a highway five miles an hour over or run a red light, but a person cannot be arrested for it; it is not criminal.

It is a subcategory of offense. Legalization means that a person is permitted to have it. A person still is permitted, but the difference is decriminalization means it is no longer a criminal offense and a person cannot be arrested for it.

Are Judges and Jury Members More Lenient Because it is Marijuana and Not a Harder Drug?

Absolutely. Juries do not have leniency. Juries find someone guilty or innocent. A judge has the leniency when sentencing somebody. A jury does not decide whether someone goes to jail for a month, a day, a year, a week, or whatever; only a judge does.

A jury’s role is, if it is marijuana, they could find a person guilty or not but it never supports that. Then, when it goes to the judge on what they decide to do, yes, judges will certainly sentence people and individuals in a more lenient fashion when it is just a marijuana charge as opposed to other drugs.

Defending a Marijuana Possession Case

One of the aspects of defending a marijuana possession case is when the police, sometimes, measure what is called the gross weight. The police might find a bag of marijuana and put it on a scale, but the scale measures the net weight. If a person takes it out of the bag, whether it is over or under ten grams makes a difference. Under ten grams is decriminalized. That is one angle a Bethesda marijuana possession lawyer could use when defending an individual against marijuana charges.

In some states, when a person reaches a certain amount, it could count as a felony which is not the case in Maryland. In Maryland, there is no cutoff, and a person’s charge is based upon the circumstances of their case.

Someone caught with half an ounce in one big bag and a smoking device is in possession. Someone caught with half an ounce, separated into twenty little baggies with extra baggies on the side with a scale and lots of cash, shows a felony of intent to distribute, even though it is the same amount of marijuana.

Long-Term Implications

A charge is an accusation. Once someone is charged, they have a court date and they go to court. It is what happens in the court that matters, not the charge itself. Although, short-term implications can arise and actually many people are terminated from employment just by virtue of being charged or are put on suspension. They put a person on leave if a person is a police officer or a teacher. Even if a person is ultimately exonerated, it could still impact their professional life.

A conviction gives a person a criminal record. It is not expugnable. However, if the crime no longer is a criminal offense, it does become expugnable. In 2014, if that person was caught in possession under ten grams of marijuana, they would have a criminal record. Today, it is decriminalized, meaning a person can expunge it if a person was charged and convicted of it.

A conviction of possession of any narcotic over ten grams of marijuana gives a person a criminal record, meaning any prospective employer, any school application, or any clearance will see a person has a criminal record within five, ten, or twenty years from now.

What Those Charged With Possession Should Know

It is important to call a Bethesda marijuana possession lawyer immediately because there are things that can be done in advance of court, both in preparing for trial or in working towards an agreement with the prosecutor that a person needs time to be able to do. If somebody is caught red-handed, they need treatment, they need help, and they need an assessment. Judges are looking to see that, and it may entitle them to special considerations.

If, however, they want to fight the case, sometimes, the evidence is lost. Witnesses’ memories fade. If a person does not move quickly, there are things a person could have at their disposal that a person may lose out on, because they waited.

Contacting an Attorney

If you have been charged with marijuana possession, it is of the utmost importance that you get in touch with a Bethesda marijuana possession lawyer. A skilled attorney can examine your case and determine which defense strategies will suit your case, and then work diligently to solidify your defense. A lawyer can also help you start the process of expunging your record if you were charged with possession of under ten grams of marijuana before 2014.  Contact a local drug attorney, and know that you are in good hands.