Possession of Marijuana
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.
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 two (2) ounces of marijuana is a class 2 petty offense and carries a $100.00 fine. Possession of marijuana remains a misdemeanor for possessing amounts up to twelve (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 twelve ounces, he could be sentenced for a class six (6) felony of: (1) probation, with a possible jail sentence as a condition of probation of up to ninety (90) days, or up to a two (2) year work release sentence as a condition of probation, or (2) a sentence to the department of corrections of one (1) year to eighteen (18) months, but as much as three (3) years if the court finds the presence of exceptional circumstances, with a mandatory parole period of one years.
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.
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