148 Views

Everything About 1st Time Offense of Possession of Weed Possession

1st Time Offense of Possession of Weed Possession

The distribution and possession of weed are illegal under US federal laws on weed, specifically under the Controlled Substances Act. Federal law makes it unlawful to use, retain, grow and sell weed. There is no exception for the medical or so-called recreational use of weed in federal law. Possession of a small quantum of weed is a federal felonious offense. 

Nearly all governments and some cosmopolises have passed laws legalizing weed for medical or recreational use. Even growing and circulating weed is now legal under state laws in specific states. 

So which law will prevail? What are the penalties for possession of weed? Can medical operations be a defense for the same?

Are marijuana and weed the same?

Marijuana, or marihuana, was used to describe medicine in Mexico in the 1840s. 

The term “smoking weed” started to be criticized in the 21st century in American literature, while “smoking marijuana or pot” decreased. Marijuana in different legislation proceedings is similar to “marijuana legalization” and “federal marijuana law.”For example, section 19 of the National Organization for the Reform of Marijuana Laws( NORML) states that marijuana signifies any part of the plant genus Cannabis, growing or not. Contrarily, weed is a slang term and must not get used in formal situations.


Understanding federal marijuana laws

Since the 1930s, Federal law has declared weed use, trade, or distribution illegal. The Controlled Substances Act( CSA) contains provisions for current federal medicine laws. The CSA classifies and regulates illegal medicines and places listed drugs on a schedule according to their medicinal worth and possibility for abuse. 

Under the CSA, Weed is a Schedule I controlled substance. This title is reserved for pharmaceuticals with high eventuality for abuse, lack of medical worth, and is not safe. 

Anyone growing, selling, or distributing weed is likely violating multiple civil laws( but, as noted, enforcement is doubtful). 

Someone can run into trouble with the CSA even if not directly concerned with the weed assiduity. Delivering services to a business that operates under state marijuana laws can infringe civil law and therefore be subject to prosecution.

For illustration, if someone runs janitorial assistance and has a customer that runs a dispensary, they might be profiting from the illegal trafficking of drugs.

State laws for weed possession

Some countries follow Federal law and enjoy possession of marijuana. But many countries have legislated laws that differ from federal law and allow the possession of small quantities of the drug for specific uses. In states that have legalized or prohibited medicinal or adult recreational use of marijuana, possession remains regulated and illegal in certain circumstances. 

Legal or Decriminalized Marijuana Possession. Depending on your state, the following uses of marijuana may be permissible or forbidden-

Medical Marijuana

More than 30 states have endorsed medical marijuana programs. Regulations vary extensively between states. To lawfully buy and retain medicinal marijuana, most states accept patients to register the state or gain a specific identification card. Some states allow patients to grow marijuana, while others allow access only through regulated drugstores. 

Adult recreational use

Various states have legalized the possession of small quantities of weed for a particular use by grown-ups. But, even in these states, there are limitations to keeping and using.

In states where weed is legal, laws still control:

  • Who can use weed (generally grown-ups aged 21 and older.) 
  • How much weed is too much to possess (two ounces is a legal limit), and 
  • Where marijuana can be smoked (for case, you cannot smoke weed in public)

Rather than legalizing the recreational use of marijuana, some states have prohibited it.

What is the difference?

In states where weed is permitted, the law still prohibits the possession of small quantities of marijuana. Still, the penalty is generally a civil fine or low-position felonious violation that can not result in jail time.


Penalties for 1st Time Offense of Possession of Weed

Criminalized authorities

In addition to forfeitures and seizure of medicines and paraphernalia, first-time possession charges in other states can carry far harsher felonious penalties.

Jail time

In numerous states, first-time medicine possession can still get you serious time in jail. In Kentucky, for example, possessing a small quantity of marijuana is a Class B misdemeanor punishable by over 45 days in prison.

Criminal record

In states that still outlaw marijuana, a conviction for possession will show up on your felonious history, which can cause hardship while you apply for a job.

Probation

In addition to prison time, a first-time pot lawbreaker may get probation. The requirements of probation are at the preference of the judge. It can include regular meetings with a probation officer, travel restrictions, obligatory drug testing, and warrantless investigations by the police.

Forbidden jurisdictions

Along with the states that have legalized marijuana, numerous other states and metropolises have interdicted possession of small quantities of pot. 

In those authorities, the possible punishments include:

Damages

A law passed in 2010 made possession of marijuana a summary offense and not a misdemeanor, as it had been preliminarily. Under this law, first-time possession is punishable by a $200 fine and will not be a part of an individual’s criminal record.

Seizure of pot

Possession of an ounce or lower of marijuana is punishable by seizure of drugs and paraphernalia, along with a $25 fine. Analogous to other interdicted authorities, offenses will not appear on the felonious records of those cited. 

Underage owners

Underage owners may face harsher penalties. Even in states where it is not restricted that have legalized recreational marijuana use and possession, punishments will still apply to offenders who are minors.

What about trading and growing marijuana?

Growing and dealing with weed is lowered by federal law. As one might anticipate, the penalties for trading or growing are more severe than the penalties for simple possession. 

The punishments for vending and cultivating the same are as follows: 

  • Lower than 50 plants (cultivating) or 50 kg (selling) a civil felony, up to five times in jail and up to a $250,000 fine;
  • 100-999 plants or kilograms- a federal felony, 5-40 years in prison, and a fine of $500,000;
  • 1000 plants or more kilograms- a federal felony, 10 years of life imprisonment, and up to $1,000,000 in forfeitures

Deals to a minor or within 1000 meters of an academy, youth center, or other defended areas lead to doubling the above penalties. Also, repeat malefactors are subject to increased penalties and obligatory minimums.

People condemned for dealing marijuana paraphernalia will get charged with a penalty of 3 years in jail. Simply possessing weed is not a crime, and once the paraphernalia particulars get tested for marijuana residue, those caught with paraphernalia will be penalized.


Defenses

There are several defenses if you have been accused of possessing marijuana. Maybe the most common defense is claiming unlawful searches from law enforcement officers. If banned drugs are found in plain view (for example- on the dashboard of a car), then the police do not need a search warrant to initiate a search, but they are not authorized to search your car without a warrant if they don’t have probable cause to believe you possess weed.

For illustration, if the police had no warrant and would need to open your box to find marijuana, this is a violation of your Fourth Amendment rights.

You could also claim that the marijuana doesn’t belong to you( like, you live in an apartment with numerous people) or that you were subject to clueless possession. In this case, you can not be found guilty of marijuana possession because you don’t even know you acquired it.

In some cases, you may argue that marijuana was for medical use rather than recreational purposes and have a license for the same.

Conclusion

In the past five years, the most noteworthy change to the drug laws has been to put an improved or stiffer penalty for selling or possessing illegal drugs like weed. It is illegal for any person to retain any narcotic, hallucinogenic, or other controlled substance.

The penalty for possession of weed depends on many factors, including the type and quantity of medicine, place of criminal activity, the age of the delinquent, and whether the illegal act was a first or repeated offense. The authorized sentence for drug possession is from one year to 25 years of imprisonment.

FAQs

What is the penalty for weed possession?

Marijuana possession has its bunch of guidelines in several states. First-time wrongdoers caught with over 10 grams of weed do not face prison but can get charged a fine of over $500.

Is it possible to avoid jail time?

Those charged with weed possession might be able to avoid jail time by joining a drug court program. Drug court programs differ throughout the state but are typically open to non-violent, first-time offenders who agree to the court conditions. They must pay the program fees and submit to regular drug testing. Compulsory community service is generally a stipulation, and malefactors must agree to home visits and meetings with probe officers.

What will happen if you get captured with 10 grams of weed?

Although, penalties for possession of fewer than 10 grams of weed have been reduced. Keeping more than 10 grams is yet a misdemeanor offense. Possession of just over 10 grams of weed could affect a jail sentence of over one time and forfeiture of up to $1,000.

What happens when someone gets caught with weed as a Minor?

As is the case for all grown-ups, unlawful possession of drugs by a minor under 18 is a felonious offense likely to result in fiscal and legal consequences. Minors caught unlawfully enjoying drugs are subject to juvenile drug possession charges with a wide range of state-level penalties. Penalties may include juvenile drug counseling and conditions, pre-trial diversion, probation, and juvenile detention.