Montgomery County Marijuana Possession Lawyer

Recent societal and legal changes have altered the way marijuana cases are tried in Maryland. While the substance may not hold as much of a stigma, a charge or conviction could still lead to various long term and short term consequences. Speak with a Montgomery County marijuana possession lawyer if you were accused of carrying marijuana. An adept drug attorney could explain your rights and build your defense.

Prosecution Treatment for Marijuana Charges

Montgomery County prosecutors treat marijuana charges different from other substance-related charges. Marijuana possession carries a lower potential penalty than other drug offenses. There has been a great shift in the perception of marijuana since it is not necessarily as addictive or dangerous and is on par with even alcohol in terms of use or abuse. It is seen by prosecutors and by judges as different.

It should be noted that absent a medical marijuana card, marijuana is still not permitted or allowed in Montgomery County.

Defending Marijuana Possession Cases

The difference between defending marijuana possession cases and other drug cases is primarily in the arguments that one could make with marijuana that cannot be made with other drugs. As an example, possession of under 10 grams of marijuana has been decriminalized.

With the help of a seasoned attorney, a person that is found with a small amount could argue that it is very close to what would otherwise be a minor civil citation. The person could also obtain a medical marijuana card before the court date. Barring prescriptions, one cannot make the same argument for heroin, cocaine, or any other illicit substance, especially for underage individuals.

While there are still some sanctions, it is a different level than opiates or other drugs. A diligent Montgomery County attorney could explain how marijuana possession charges may be handled in court.

Impact of Decriminalization on Drug Possession Laws

The term decriminalization is only used when dealing with marijuana. No other drug has been decriminalized. It should be noted that decriminalization is different from legalization. When something is decriminalized, it is made a civil offense.

For instance, under 10 grams of marijuana used to carry jail time. While it currently carries no jail time, individuals still cannot have it or smoke it. If they are caught with this amount of marijuana, the only thing that will typically happen is that the substance will be taken from them and they will be given a $50 civil citation. This is equivalent to a parking ticket. For more information, consult with a Montgomery County marijuana possession lawyer.

How Decriminalization Laws Relate to Possession Cases

Decriminalized drugs are not prosecuted in the same fashion unless the defendant is underage. In this case, it would be similar to the defendant drinking alcohol while underage. If a person has a case pending from before a small possession of marijuana was decriminalized and they failed to appear in court, or if a warrant is outstanding, it can no longer be prosecuted since the offense is no longer a crime. In cases where a person was convicted and served jail time for possessing fewer than 10 grams of marijuana, they could seek to have the entire matter expunged since it is no longer a crime and cannot be on their criminal record.

Would a Possession Charge or Conviction Appear on a Criminal Record?

Since a charge for anything is simply an allegation, a drug charge would not appear on someone’s criminal record if they are not convicted. It should be noted that if a case is pending, it may show up on a background check when the defendant is applying for a job or seeking a loan.

Even then, defendants could have it expunged to avoid any long-term consequences if they were found not guilty or if the case was dismissed. Individuals should note that while the possession of a certain amount is decriminalized in Maryland, it is still federally prohibited and may cause issues for them.

Contact a Montgomery County Marijuana Possession Attorney

Reach out to a Montgomery County marijuana possession lawyer if you are facing charges. A tenacious attorney could review the evidence of your case, explain local laws, and fight the charges you are facing in court. Call a hard-working attorney today to begin your case.