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How To Avoid Marijuana Possession Charges in ‘Illegal States’



Being that marijuana is illegal in half the country, starting and growing a marijuana business, especially in the illegal parts of the country can be problematic. Think about it. Either you become “the shady guy who sells weed on the corner or that guy doing time behind bars whose family is ashamed of”.

There is no shame in starting and growing a marijuana business, the problem is the law in your area may be against your actions. The question is. How do you avoid a possession of marijuana charge?

Remember OZ? Not Dr OZ, I am talking about that old TV series your mom wouldn’t let you watch if you are a 90’s baby. The one thing you can learn from OZ is, prison is not is not a pretty place. You have to worry about “dropping the soap in the shower”, spending countless hours in a 6 by 8 foot cell, oh and bad food. Plus, when you get out you will find it very difficult to fit into society or to get a job.

Related: Will The Marijuana Justice Act Pass This Year?

How To Stay Out Of Jail

As an American citizen, you have rights and privileges you can exploit to stay out of jail. The most important right you have when arrested is. ‘The right to keep your mouth shut’. Snitching on yourself to get lighter sentences will still land you in prison, however, keeping your mouth shut and letting a legal ninja aka a lawyer talk for you may get the charges dropped.

The thing is. It is up to the police or arresting party to prove that the weed was yours. That means that.  All that your lawyer has to do is cast doubt, for example, maybe the police planted the weed or maybe the U-haul truck you were driving had the weed in it before you rented it. The trick is to pressure the prosecution to provide solid evidence that proves ownership of the marijuana.

If doubt is cast, the prosecution may be forced to launch a full scale, independent investigation. They will inspect your home, vehicle, or wherever the illegal weed was found and interview the arresting officers.

The Fourth Amendment to the US constitution guarantees your right to due process of law. That includes lawful search and seizure procedures prior to arrest. If the weed is in plain view e.g. on your dashboard, It may be seized and used as evidence against you, however, if the cops pry open your trunk with let’s say a crowbar without your permission. That weed cannot be used against you.

I know. You fear authority. But when you see the boys in blue, it is very important not to panic. See, the thing is. Police officers, look at your behavior, if you appear worried, or suspicious, it gives them a reason to want to search you or your car. If cops violate your fourth amendment rights, the evidence collected cannot be used during your trial, meaning that the case will be dismissed.

I Didn’t Do It

Even if guilty, never admit to guilt, why? The end goal should always be keeping yourself out of prison, if you claim that the drugs found are not yours. The prosecutor will have to prove that it is. Let’s say, there were two of you in a car when arrested, how sure are we the weed belonged to you and not the other person? Proving that the weed was yours, if there were multiple people involved is not easy. However, if you admit that the weed was yours, you will face the consequences.

How sure are you that the evidence police collected still exists? Maybe it got lost through processing or maybe it got contaminated.

Assuming that, you get arrested today for marijuana related misdemeanor or felony, and post bail, your date with the court may be weeks or months later. In that time, a lot of things may happen to the evidence collected.

Supposing that, your attorney asks the prosecution to produce the evidence collected and they fail, the case against you will be dismissed and you will walk away a free man with no criminal record.

The Cops Made Me Do It

In situations where police officers sell you state provided marijuana or any other drug or if an informant induces you to commit a crime, this maybe considered as entrapment, why?

The answer is very simple, If the police or snitch didn’t provide the opportunity, you couldn’t have committed the crime, i.e. the cops made you do it.

If arrested during a sting operation, the wise thing to do is again “don’t snitch on yourself” and let your lawyer talk for you.

State Marijuana Laws

If you cross state lines with marijuana, you have broken a federal law, even if the weed you have on you is for medical purposes. In some states, distributing and selling marijuana is a punishable offense. For example, in Texas, possession of more than 2,000 pounds of weed is a felony and the penalty is a mandatory 5 year sentence and a fine of no more than $50,000.

State marijuana laws vary greatly, but what you should know is. Crossing state lines with weed or any other drug may carry brutal sentences. If arrested the defenses you have are:

  • You were unaware of trafficking activities.
  • You were at the wrong place at the wrong time.
  • The police did not have probable cause to search you or your car.
  • The police did not obtain a warrant prior to conducting a search.

If you are in a state where weed is illegal, the first thing you should do if arrested is contact a lawyer, especially if  caught with large amounts of weed. Don’t snitch on yourself or admit guilt. This gives you the opportunity to defend yourself and possibly keep yourself out of jail. If caught with small amounts of weed, be respectful to the officers to keep the matter from escalating.

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