Criminal Defense Lawyers

Drug Crimes Lawyers: Marijuana Possession

Millions of Americans smoke marijuana on a regular basis. They do so either for recreation or medical purposes. Laws surrounding marijuana possession have been easing up in recent years. This trend has led many people to worry less about smoking or owning marijuana in a way that may be apparent to law enforcement. But marijuana possession is still a crime in many states and can be punishable by jail time. Knowing the law in your state is essential to fighting and minimizing a marijuana possession charge.

Marijuana possession law

The field of marijuana possession law has changed significantly over the past two decades. This drug has gone from a complete pariah to one that is frequently used legally in a large number of states. Millions of dollars are made each year on the sale of legal marijuana and there are a large number of industries that have emerged to capitalize on the trend. While legal marijuana is a fact of life for a large number of Americans, there are still many areas where it is not allowed in any way, shape, or form.

Marijuana is still classified as a Schedule 1 drug by the federal government.
While federal authorities have decided not to prosecute drug cases in states where marijuana is legal, in other states they have state laws that match the Schedule 1 classification. Schedule 1 classification means that marijuana is not allowed as a controlled substance for health conditions like opioids or amphetamines. It is not legal to consume or possess marijuana in any fashion.

As a result, people who are arrested for possession of marijuana in states such as New York can face significant fines and even jail time. These penalties are compounded if a person can be charged with manufacturing or distribution of marijuana as well as possession. Possession is often seen as the “easy” charge that opens an individual up to much more serious charges.

How possession law is prosecuted

Possession law is prosecuted in a handful of different ways. In most instances, it is viewed as a simplistic arrest. A person is often only arrested if the substance is found on their body or on their person. Law enforcement personnel submit this substance as evidence. Then, there is a significant burden of proof for an individual to show why the substance was found on them. If there is no plausible answer backed up by corroborating evidence, the marijuana and testimony from an arresting officer is often all that is needed to garner a conviction on a marijuana possession charge. Officers may also seek the testimony of other witnesses and the collection of drug paraphernalia to point to a possession charge.

What to do

Anyone who is arrested for a drug possession charge needs to secure release from custody. Once they are free, they should immediately seek out the advice and assistance of a lawyer. A lawyer will help individuals collect evidence and pursue their case. Many people may believe that a lawyer will be ineffective for a possession case because the law and evidence rules are so clear. But this concept is incomplete for many reasons. No criminal case is absolutely perfect. There is the chance that police officers have misplaced valuable evidence or have worked in an illicit manner to obtain witness testimony.

Lawyers will help an individual build their best possible case and take advantage of any potential problems with the prosecution. Ignoring the help of a lawyer will result in a person losing their case and facing serious repercussions in the vast majority of instances. Even the most minor marijuana possession cases could lead to a person facing jail time and the potential loss of their job and dignity. These negative factors mean that a lawyer will be well worth the cost no matter how minor a possession charge might be.

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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Google rating score: 4.9 of 5, based on 736 reviews

Conclusion

Marijuana possession remains a serious situation in many states across the country. Even in states where marijana is ostensibly legal, it is still possible fora person to own it illegally. Anyone with marijuana or considering acquiring it should be aware of these laws and their impact on a person’s life and potential freedom. THey should consider all of these circumstances before they decide to indulge.