You should always have the phone number of an experienced drug crimes attorney if you’re arrested for the possession of a controlled substance, even if the substance has been legalized for use or decriminalized. To understand why this is important, you need to know how decriminalization and legalization differ and learn more about your drug possession and use rights.
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What is Decriminalization?
Several states in the US, such as North Carolina and Nebraska, have decriminalized marijuana. It typically means that specific personal-use amounts are deemed a local or civil infraction - resulting in a misdemeanor without jail time.
Therefore, you can still be assessed a penalty, such as a fine and jail time, if you possess larger amounts used for cultivation or distribution. While states may decriminalize the drug, federal law still regards marijuana as an illegal drug.
What is Legalization?
If marijuana has been legalized in the state where you live, the term is not synonymous with decriminalization. In this case, a substance or drug can be used without the worry of getting convicted. However, limits may still be imposed on use.
For example, the law may require the user to be of a certain age, and limitations may be placed on what a person can possess or carry. Suppliers may need to get licensed to sell a substance such as cannabis.
Reforms in Marijuana Legislation
Moreover, some states have reforms in place with respect to decriminalization or legalization.
For example, North Carolina, in 2014, legalized the use of hemp extract for children diagnosed with intractable epilepsy. The law was amended in 2015.
In some states, possession of a small amount of marijuana is considered a misdemeanor crime, punished by a fine and possible community service.
Despite the above changes, marijuana remains illegal mainly. Therefore, penalties can be harsh, especially for larger amounts or repeat offenses.
Don’t Hesitate to Contact a Criminal Defense or DWI/DUI Attorney
That’s why you should always contact a criminal defense lawyer who handles marijuana or drug possession cases where you live. They can explain your rights and protect them if you’re arrested for marijuana possession, regardless of the amount.
It’s also helpful to notify an attorney if you’re pulled over and arrested for DWI/DUI and have marijuana on your person or in your car at the time of the arrest.
Why the Best Defense is a Lawyer: The Benefits of Legal Representation
Marijuana laws, in today’s legal environment, can be complicated and confusing, given the varying restrictions. A lawyer experienced in drug cases will be current on the latest legal changes, which will also help see where you stand if you’re arrested for drug possession.
Understanding Federal vs. State Drug Laws
While many states have moved towards decriminalization or legalization, marijuana, as noted, remains illegal at the federal level. This discrepancy can create legal complications, especially if you’re caught on federal property or are involved in interstate travel. A drug defense attorney can help understand the interplay between state and federal laws and how they might affect your case.
Protecting Your Rights
Even in states where marijuana is legal, law enforcement must follow proper procedures when performing searches or making arrests. A lawyer can review the circumstances of your case to ensure your constitutional rights were not violated. If procedural errors occur, your lawyer can suppress the evidence or dismiss charges.
Mitigating Penalties
If you are found guilty of a marijuana-related offense, a lawyer can help minimize the penalties. They can negotiate a plea deal, argue for alternative sentencing (such as drug education programs instead of jail time), or present mitigating factors to reduce fines or other penalties.
Addressing Collateral Consequences
Even in states where the drug is decriminalized or legalized, a marijuana conviction can have far-reaching consequences beyond legal penalties. These consequences include:
- Loss of professional licenses
- Difficulties in finding employment
- Loss of federal student aid
- Immigration consequences for non-citizens - (Even if you possess marijuana in a state that legalizes marijuana use, you may lose your opportunity to remain in the US)
- Problems with child custody
A lawyer can help understand these potential consequences and work to mitigate or lessen them.
Expungement and Record Sealing
In some cases, it may be possible to have a marijuana conviction expunged or sealed from your record. This process can be complicated and varies by state. A lawyer can guide you through this process, helping you clear your record and avoid the long-term consequences of a conviction.
Handling Probation Violations
If you’re on probation for a previous offense, being caught with marijuana may be considered a violation, even in states where it’s legal. A lawyer can help deal with this situation without having your probation revoked.
Understanding Medical Marijuana Laws
If you’re using marijuana for medical purposes, a lawyer can help ensure you comply with your state’s medical marijuana laws. They can also help assert your rights if you’re wrongly accused of illegal use.
Dealing with Asset Forfeiture
In some cases, being caught with marijuana can lead to asset forfeiture, where law enforcement officers seize property that is believed to be linked to illegal activity. A lawyer can help fight these events and recover your property.
Why a Lawyer Can Get You Back on Track
While marijuana decriminalization and legalization laws are changing the legal terrain, they can also complicate the legal process.
A lawyer knowledgeable in drug cases can provide invaluable help if you’re caught with marijuana on your person or in your home or car. They can help you understand your rights, follow complicated legal procedures, and work to minimize the impact on your life and future.
Whether you’re facing charges, dealing with workplace issues, or trying to clear your record, an experienced drug defense attorney can significantly improve the outcome of your case.
Remember, the law is constantly evolving. What applies in one state may not apply in another, and the federal law adds another layer of complexity.
Contact a Drug Defense Lawyer About Your Case Today
If you find yourself in a situation involving marijuana possession, distribution, or use, don’t try to face the circumstances by yourself. Seek the help of a qualified criminal defense attorney who can provide the guidance and representation you need to protect your rights and future opportunities. Call a drug defense lawyer today.