Criminal and Civil Law

When you have been charged with drug possession, this is not a crime you should take lightly. However, especially when it comes to possession of marijuana, there seems to be a gray area depending on the state you are in, the amount you have, and the purpose of your possession. You will likely find that different states have different levels of leniency and a criminal defense attorney would like to explain more about this kind of drug possession charge and see how they can help you. We understand that this can be a challenging time, especially if you are unsure of why you are being charged with drug possession, so we are here to go over the details of the charge and help you with a defense. 

What does it mean to be in possession of marijuana?

The best way we can break down a marijuana possession charge is to discuss the different aspects of being “in possession.” The first part of this means that you had the knowledge that you were in possession of marijuana. While it is always possible that you were simply in the wrong place at the wrong time, the state will need to prove that you did have knowledge of the marijuana in order to proceed. Proving this means that they will show things like whether:

• You had marijuana on or near your person
• You were behaving oddly or erratically 
• You had other drug paraphernalia on your person during the time of the drug charge

These are all important aspects when it comes to determining if you knew you had marijuana on or near your person. 

Proving It Was Marijuana

This may sound obvious, but the second aspect of proving you had marijuana possession is that you were in possession of the actual substance. There are many things that may look like marijuana or you may have been in possession of synthetic marijuana. The state will need to prove through lab tests that the substance they found was indeed marijuana.

Defenses

There are different defenses that your criminal defense attorneys may use when it comes to marijuana charges. One of the first lines of defense is usually to show that the marijuana did not belong to you but that it belonged to someone else. It is important to show that you did not have the intent to possess this drug. If you were traveling between states and have a medical marijuana prescription in one state but you were charged with drug possession in a state that has not legalized medical marijuana, speak with us right away. 

If you have been charged with drug possession because you were found with marijuana on or near your person, please reach out to a drug possession lawyer in Bloomington, IL as soon as possible. 

Thanks to Pioletti, Pioletti & Nichols for their insight into criminal law and marijuana drug possession charges.