Possession of Marijuana Attorneys in Michigan

If you’ve been accused of possession of marijuana in Michigan, which includes edible THC, earwax, and hash oil, you’ll be faced with severe criminal punishments that may include massive fines and extensive jail time. Not to mention, if convicted you may be ineligible for student loans and grants, you may be barred from military service, many landlords will not rent to you, your driving privileges will be suspended, and many employers won’t hire you.

Hiring an experienced drug possession lawyer in Michigan immediately is critical to protect you from a conviction that could result in a lifetime of consequences. Our team of attorneys, paralegals, and support staff have extensive experience working and defending possession of marijuana charges and will work hard to build a strong defense for you.

Possession of any amount of marijuana not consistent with the Michigan Medical Marijuana Act (MMMA) is a misdemeanor punishable by up to one year in jail and a mandatory one-year license suspension. A second offense is a felony punishable by up to two years in jail.

Facing a possession of marijuana charge? Not happy with your current attorney? Request a free consultation now. Free Consultation

Michigan Medical Marijuana Act

Certain people may be able to assert the Michigan Medical Marijuana Act as an affirmative defense to a possession of marijuana charge. Even without a medical marijuana card, a doctor’s diagnosis will serve as a valid defense. You must prove by the preponderance of the evidence that (1) a legitimate doctor/patient relationship exists, (2) the doctor reviewed your past and current medical condition, and (3) the doctor stated orally or in writing that the use of medical marijuana is likely to have a therapeutic or palliative benefit to you. For this reason, an experienced criminal defense attorney is necessary for your success. Facing a possession of marijuana charge? Not happy with your current attorney? Request a free consultation now.

Illegal Search and Seizure

It’s important to understand that the police don’t have the authority to simply search you or your belongings just because they want to. The Fourth Amendment of the United States Constitution protects you from such unreasonable searches. The police must have probable cause before they can search you or any of your belongings. These types of constitutional violations occur most often in vehicles.

If the police searched you without probable cause, or if the police somehow coerced you into agreeing to be searched, any evidence seized (usually drugs) will be suppressed by the court. No evidence means no conviction.

Our team has defeated more possession of marijuana charges than we can count based on the police conducting an unlawful search and seizure. Remember, just because you were caught with something illegal does not mean the evidence was obtained legally. You will need a skilled attorney like those at The Law Offices of Barton Morris to guarantee your rights are protected.

Facing a possession of marijuana charge? Not happy with your current attorney? Request a free consultation now.

Lack of Knowledge

Another good defense is lack of knowledge of the presence of the marijuana or lack of the ability to possess the contraband. Lack of knowledge is actually an affirmative defense, which means if our team can prove that you didn’t know that the substance you had was marijuana, your case must be dismissed. If the marijuana was found in a place where more than one person had access, the prosecutor would have the burden of proving that (1) you knew the marijuana was present, and (2) you had dominion and control over it.

For example, if you borrowed a friend’s car and happened to be stopped by the police, and the police found marijuana in the glove box or trunk, the police would be unable to convict you on a possession of marijuana charge unless they could prove that you knew the marijuana was there. Or, suppose you and a friend were driving and your friend had a little bag of marijuana that he decided to sit on or place between his feet. If the police were to pull you over and see your friend’s marijuana, they would be unable to convict you on a possession of marijuana charge because your friend is the only person who had dominion and control over it. Remember, the prosecution must prove that you did not have knowledge and did not have the ability to have control over the marijuana. Without proof, there can be no conviction.

Facing a possession of marijuana charge? Not happy with your current attorney? Request a free consultation now.