If you have been accused of possession of marijuana, you have the right to fight the charges. An experienced attorney can help. At Pearson & Paris, P.C., we have more than 50 years of combined legal experience that we will use in your defense. Perhaps more importantly, our top criminal defense attorney is a former senior prosecutor who knows how district attorneys handle these cases. That knowledge allows us to create effective strategies ranging from negotiation to courtroom battles.
Call us at 303-872-4719 in the Greater Denver area or toll free at 888-725-2609 across Colorado for an initial consultation at reduced rates.
Whether in the Denver area, or anywhere in Colorado, it is unlawful to knowingly possess marijuana, without a medical marijuana license. The possession of medical marijuana is governed by both constitutional and statutory provisions, and those provisions must be strictly followed by anyone who possesses medical marijuana to be able to take advantage of the immunities to criminal prosecution that are provided by law.
Possession of less than 2 ounces of marijuana is a class 2 petty offense and carries a $100 fine. Possession of marijuana remains a misdemeanor for possessing amounts up to 12 ounces at which point it becomes a class 6 felony.
Possible Consequences For Possession Of Marijuana
If convicted of possession of marijuana where the person possessed more than 12 ounces, he could be sentenced for a class six felony of: (1) probation, with a possible jail sentence as a condition of probation of up to 90 days, or up to a two-year work release sentence as a condition of probation, or (2) a sentence to the department of corrections of one year to 18 months, but as much as three years if the court finds the presence of exceptional circumstances, with a mandatory parole period of one year.
Possible Defenses For Possession Of Marijuana
The key to defending any "possession" charge is showing that the person did not "knowingly" possess any drugs or paraphernalia (i.e., "Lack of Knowledge"). Often the drugs that were found in a vehicle or residence were left behind by another occupant of the vehicle or a roommate. Sometimes the drugs were found in a location where it cannot be said that the person possessed them since he no longer had actual control over them. Where a charge alleges the mere use of marijuana, the defense would focus on whether any urinalysis tests were performed, and to what extent the officer was qualified in recognizing the symptoms of drug use.
The remaining defenses that may be applied in a possession of marijuana case apply with equal force to those that may apply in any other criminal case. This includes an analysis of any violation of constitutional rights, such as the right to remain silent, the right to counsel, the right to have any searches and seizures based on probable cause, a proper warrant, and the right to due process in the proper preservation of evidence that may be used against you. Many other defenses are available that rely on scrutinizing and exposing weaknesses in the prosecutor's case, such as: biased or incompetent witnesses, flawed crime scene investigation, flawed administration and procedures in collecting breath, blood or urine for forensic testing, incompetent computer evidence, flawed photo lineups, and inaccurate crime scene/accident reconstructions.
It is important that you hire a skilled and experienced possession of marijuana lawyer to defend you in a possession of marijuana case in Golden, Jefferson County or across Colorado.
Call us at 303-872-4719 in the Greater Denver area or toll free across Colorado at 888-725-2609 for an initial consultation at reduced rates.