Marijuana has become legal in several states, however, possession of marijuana charges are still being placed on individuals in certain locations. Not understanding or knowing the law in your area can ultimately determine your freedom in regard to this law. There are different laws in different states that let you know what is and is not illegal, knowing these laws can assist you or your loved one in avoiding a possession of marijuana charge.
Possession of marijuana charges stems from the obvious offense, possessing marijuana. When an officer finds marijuana on an individual (a specific amount can lead to a charge) they can file charges on them. However, because possession of marijuana charges happen every day and marijuana was still recently legal there are specific stipulations that must be provided in court for charges to stick.
But like any other criminal charge, in order to hold a person accountable, they must show they are aware that they are breaking the law. Or in this case, they must actually possess the marijuana knowingly. This is a matter of proving the intent of an individual and that is the state’s responsibility to prove in court. What may be the most obvious is, the substance must be marijuana. You cannot charge an individual for possession of marijuana simply on a hunch. You must prove that the drug was in fact marijuana. There are different forms of substances that individuals possess to reach a similar feeling that marijuana brings them. It is important that law-enforcement understands what is real and what is not real. This requires them to test the substance they are accusing the individual possessing and verifying that it is in fact the drug they are charging them with.
Being charged with any criminal offense can be very scary and traumatizing. Possession of marijuana charges are actually becoming more common because people lack the knowledge of what actually makes marijuana legal in their area. To protect you or your loved one it is best to educate yourself on the law if you are not fully aware. However, if you or someone you know is charged with possession of marijuana charges, speak with a skilled criminal lawyer in Decatur, GA to discuss what your legal options may be. The right attorney will be able to review the facts of your case and work in your favor to build your defense as soon as possible.
Thanks to The Lynch Law Group for their insight into criminal law and marijuana.