Marijuana Charges After Legal Changes: What You Need to Know (and How to Protect Yourself)
In recent years, the laws surrounding marijuana in the United States have been rapidly shifting. With the presence of medical marijuana laws, decriminalization, and full legalization in some states, most individuals no longer believe marijuana is a serious legal concern.
The truth of the matter is that while marijuana is decriminalized in many states, it is still not necessarily legal, and law enforcement can arrest you and put you on trial for marijuana possession-related crimes that can have life-altering penalties if you are found guilty. You could be found guilty under Georgia state law.
The experienced marijuana defense attorneys at Andrew L. Schwartz, P.C., can help defend you against marijuana charges and protect your rights from the beginning of the criminal justice process through to the end. Even if you feel the circumstances are “not a big deal,” it is very important to treat these allegations seriously.
Marijuana laws can be confusing, and mistakes are common
Another major issue regarding arrests related to marijuana is that there is not always clarity regarding regulations for the general population. What is legal in one state may not be in another state, which is only a short drive away. There are also variations in states regarding cases involving marijuana, based on certain factors.
Arrests have occurred because an individual believed they were operating under the law, or because they did not realize how stringent the law is in some cases.
Common marijuana charges people still face
Even with this change in public opinion, marijuana crimes can still include:
- Possession of marijuana
- Possession with intent to distribute
- Distribution or sale
- Possession of marijuana concentrates or edibles
- Cultivation or manufacture
- Drug paraphernalia charges associated with marijuana-related items
In other instances, prosecutors may attempt to enhance the charges of possession of marijuana by asserting that the quantity was too great to constitute “personal use,” even if there is no evidence of sale or trafficking.
What makes marijuana cases more serious
Not all marijuana cases are treated the same. Certain factors can lead to harsher penalties or increased attention from prosecutors. These include:
- Larger quantities of marijuana
- Allegations involving sales or distribution
- Prior criminal history
- Charges involving multiple controlled substances
- Claims that marijuana was connected to other criminal conduct
Since marijuana charges can escalate quickly, it is important to have a defense strategy that addresses not only the charge itself but also the narrative the prosecution is trying to build.
How defense attorneys fight marijuana charges
Cannabis offenses are frequently more defensible than you might think. A solid defense will focus on:
- Illegal search and seizure – A common source of marijuana-related cases is a stop or search. If your constitutional rights were violated, the evidence can be challenged and suppressed.
- Lack of possession or control – In a shared area like a car or dwelling, prosecutors must be able to show you owned the marijuana or that you knowingly possessed it.
- No intent to distribute – Prosecutors can infer intent based solely on weight. An attorney can argue that the evidence does not indicate distribution.
- Handling of evidence – Chain of custody problems, errors in documentation, or testing errors can lead to deficiencies in the prosecution’s case.
Talk to a Cobb County, GA, Drug Possession Attorney Today
Andrew L. Schwartz, P.C., represents the interests of Cobb County residents who are facing marijuana possession or distribution charges. Call our Cobb County drug crimes lawyers today to schedule an appointment, and we can begin discussing your next steps right away.
