Misdemeanor Possession of Marijuana
Having a misdemeanor for possession of marijuana may not seem like it would have a big impact compared to felony possession of marijuana, other controlled substance or narcotic. However, depending on the amount of pot you are being charged with possession of, you could be facing fines, probation, jail time, and the stigma of having a criminal record. Hiring a qualified Dayton criminal attorney may increase your chances of getting the charges against you reduced or dismissed.
Misdemeanor Possession of Marijuana Attorney in Dayton
The legal team at Joslyn Law Firm are passionate about criminal defense in marijuana cases like yours in Dayton or the surrounding areas of Huber Heights, Troy, Piqua, Springfield, Beavercreek, and Fairborn. Brian Joslyn and his team will go over your case in detail and use every defense strategy available to attempt a favorable outcome. Your first consultation with Joslyn Law Firm is free, so call (937) 356-3969 today to schedule.
Dayton Weed Possession Laws
According to Ohio Rev. Code § 2925.11, possession of marijuana is a criminal offense with penalties that vary in degree according to the amount present. These penalties apply to any compound, preparation, substance, or mixture containing marijuana, cannabis, pot, ganja, or chronic, but do not include hashish, the resin derived from the plant, or anything created from the resin. Being in possession of 200 grams or less of marijuana or a related substance is a misdemeanor. More than 200 grams is a felony. Additionally, if you have been charged with marijuana possession be aware that law enforcement officers will most likely also look for any evidence of intent to distribute.
Ohio Definition of Marijuana Possession
In order to be guilty of misdemeanor possession of marijuana, there are certain factors that must be present. These factors include:
- Knowledge the substance is marijuana
- Reasonable belief the substance is marijuana
- Intent to possess marijuana
- Purpose to possess marijuana
Reasonable belief is judged by what a person of average intelligence would believe under the same circumstances. Additionally, under Ohio law, possession can be either actual or constructive. Actual possession is defined as having direct control of the substance, and constructive possession is awareness of the substance with the ability to become in actual possession present.
Misdemeanor Possession of Cannabis Defense in Montgomery County
The right to protection from unlawful searches and seizures is one of the unalienable rights defined by the United States Constitution. The fervent attempt of law enforcement officers to participate in the War on Drugs by arresting drug offenders has also resulted in many mistaken, and often blatant, disregards to this right. Any violation of this right, including manufactured evidence, lack of a search warrant, or an improperly executed search warrant is valid ground for your Montgomery County criminal defense attorney to file a motion to suppress evidence.
Without the key evidence involved in the search, the prosecution may not have case enough for the possession charge and could reduce or dismiss your case. Other defenses that could cause the prosecution, the judge, or the jury to reduce or dismiss your case are entrapment, lack of actual or constructive possession, and mistaken identity.
Dayton Penalties for Misdemeanor Weed Possession
The consequences that can come with a cannabis conviction are both social and criminal. For a first offense of possession of less than 100 grams of pot you will be charged with a minor misdemeanor and face a $150 fine. If you are convicted of being in possession of 100-200 grams of marijuana you are guilty of a fourth-degree misdemeanor and face a $250 fine and up to 30 days of jail and/or probation. You may also be subject to suspension of your driver's license or CDL for six months to five years. Additionally, a marijuana conviction can:
- Jeopardize child custody, fostering, or adoption actions
- Disqualify you from food stamps or other government assistance
- Increase difficulty of obtaining government-subsidized housing
- Reduce the variety and number of education opportunities
- Increase difficulty of obtaining student loans
- Reduce the variety and number of employment opportunities
Even if you are charged with a minor misdemeanor marijuana charge, don't just pay the fine and move on. An experienced Dayton misdemeanor possession lawyer will be able to fight the charges against you and possibly get them dismissed.
Joslyn Law Firm | Montgomery County Cannabis Possession Lawyer
The attorneys at Joslyn Law Firm will examine your case closely and look for any suppressible evidence, violation of rights, or other cracks in the prosecution's case as well as aggressive defense strategies to protect your freedom. If you've been charged with a misdemeanor marijuana possession offense in Montgomery County, Miami County, Clark County, Greene County, or the surrounding areas contact Joslyn Law Firm today at (937) 356-3969 to schedule your free consultation.