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Marijuana Possession

Marijuana Possession: What You Need to Know

So, you’ve found yourself in a situation involving marijuana possession. Take a deep breath, it’s not the end of the world. But, you need to understand the legal landscape and potential consequences. That’s where we come in – to guide you through this process with expertise and empathy.

The Basics: Federal vs. State Laws

Let’s start with the elephant in the room: marijuana is still illegal under federal law. It’s classified as a Schedule I controlled substance, meaning the government views it as having no accepted medical use and a high potential for abuse.

This puts it in the same category as heroin and LSD. Harsh, we know.
However, an increasing number of states have legalized marijuana for medical and/or recreational use. As of 2024, 38 states permit medical marijuana, while 24 states (plus D.C.) have legalized it for recreational purposes.

This creates a conflict between state and federal laws that leaves many in a legal gray area.

Federal Charges and Penalties

If you’re caught with marijuana on federal property (like national parks or military bases), or if your case involves interstate trafficking, you could face federal charges. And these are no joke:
Simple possession of any amount is a federal misdemeanor, punishable by up to one year in prison and a minimum $1,000 fine for the first offense.

Possession with intent to distribute carries much harsher penalties, ranging from 5 years to life in prison, depending on the amount.

So, even if you live in a state where marijuana is legal, you’re not immune from federal prosecution. It’s a risk you need to be aware of.

Christine Twomey
Christine Twomey
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.
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Brendan huisman
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
Guerline Menard
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 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
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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.
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Taïko Beauty
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Loveth Okpedo
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Bee L
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divesh patel
divesh patel
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.

State Laws and Penalties

Now, let’s look at the state level, where laws vary widely. In states that have legalized marijuana for recreational use, you’re generally allowed to possess small amounts for personal consumption. For example, in California, adults 21 and over can possess up to 28.5 grams (about an ounce) of marijuana and grow up to six plants.

But there are still restrictions. Public consumption is usually prohibited, as is possession on school grounds or by minors. And if you have more than the legal limit, you could face charges for possession with intent to distribute – even in legal states.
In states where marijuana remains illegal, penalties range from fines and probation for small amounts to lengthy prison sentences for larger quantities or distribution charges.

A Real-Life Example

To illustrate how state laws can differ, let’s compare two neighboring states:
In Colorado, where recreational marijuana is legal, possession of up to 2 ounces is permitted for adults 21 and over.
But in Kansas, where it remains illegal, possession of any amount is a misdemeanor punishable by up to one year in jail and a $2,500 fine.
So, if you’re traveling between these states with marijuana, you could be breaking the law – even if you never leave your vehicle on the highway. It’s a situation that highlights the confusing patchwork of laws across the country.

Potential Consequences Beyond Criminal Charges

Even if you avoid criminal charges, a marijuana possession charge can have far-reaching consequences:
Loss of student financial aid
Difficulty finding employment or housing
Immigration issues, including potential deportation for non-citizens
Suspension or revocation of professional licenses
Potential loss of child custody or visitation rights
These collateral consequences often linger long after any criminal penalties have been served. It’s a sobering reminder that a seemingly minor offense can have major ramifications.

Protecting Your Rights: Why You Need an Attorney

If you’re facing marijuana possession charges, you need an experienced criminal defense attorney on your side. Here’s why:
An attorney can advise you on the specific laws and potential penalties in your jurisdiction, ensuring you understand the gravity of the situation.
They can explore potential defenses, such as challenging the legality of a search or seizure, or arguing for a lesser charge based on the circumstances.
A skilled negotiator can often get charges reduced or dismissed entirely through plea bargaining.
If your case goes to trial, an attorney will fight to protect your rights and present the strongest possible defense.
Many people make the mistake of trying to navigate the legal system alone, only to find themselves in deeper trouble. Don’t take that risk – hire a reputable criminal defense firm like Spodek Law Group to protect your future.

Our Approach: Personalized, Aggressive Defense

At Spodek Law Group, we understand that every case is unique. That’s why we take a hands-on, personalized approach to every client. We’ll thoroughly investigate the circumstances surrounding your arrest, leaving no stones unturned in building a strong defense strategy.
Our team of experienced criminal defense attorneys is relentless in fighting for our clients. We’re not afraid to take on tough cases and go toe-to-toe with prosecutors. Our goal is simple: to get you the best possible outcome, whether that’s an outright dismissal or a favorable plea deal.
We also understand the stress and uncertainty that comes with facing criminal charges. That’s why we make it a priority to keep you informed and supported throughout the entire process. You’re never just another case file to us.

Taking the Next Step

If you’re facing marijuana possession charges, don’t wait – the sooner you involve legal counsel, the better. Schedule a consultation with Spodek Law Group today to discuss your case and explore your options. Remember, you have rights, and we’ll fight tirelessly to protect them.
In the meantime, avoid discussing the details of your case with anyone other than your attorney. Even seemingly innocuous statements can be used against you. Trust us to guide you through this difficult situation with expertise, discretion, and compassion.

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