Defense Strategies Against Marijuana Possession Charges

Terry Luck • May 25, 2020

Defense Strategies Against Marijuana Possession Charges

While marijuana possession is decriminalized or even completely legal in many states, this is not at all the case in Alabama. While the Senate recently voted to start a medical marijuana program in the state, whether the bill will pass the House or be signed by the Governor. As of now, possessing any amount of marijuana - for whatever reason - is against Alabama state law.

If you are charged with possession of marijuana, you could face misdemeanor charges, up to one year in jail, and fines up to $6,000. If you possess marijuana for a reason other than personal use, you can face felony charges, up to ten years in prison, and fines up to $15,000. Because of the serious criminal penalties you can face, it is critical to have an aggressive and effective defense strategy against your charges.

You should contact an experienced Montgomery drug possession defense lawyer as soon as you can if you are arrested. While an experienced attorney will determine the best defense approach for each individual case, the following are some common defenses against marijuana charges.

4th Amendment Violations

In order to charge you with marijuana possession, the police must have found marijuana on you or in a place that you can access and control. Unless the marijuana was in plain view of the officers, this usually requires a search of your person, belongings, vehicle, or home. Police officers cannot simply search anywhere when they wish due to the 4th Amendment protections against unreasonable search and seizure. If the search was not lawful and it violated your rights, any evidence found - such as the drugs themselves - should be excluded from your case. This can often lead to a full dismissal of possession charges.

Challenging Constructive Possession

Some prosecutors infer that drugs are yours based on where they were found. If you were not in actual possession of the marijuana, the evidence proving possession will be circumstantial. You can challenge this evidence and show that the drugs, in fact, belonged to someone else.

Crime Lab Errors

In order to convict you of marijuana possession, the prosecutor must be able to prove that the substance in question was actually marijuana. This requires crime lab analysis, and many mistakes can happen during this process. Drugs can be mishandled, mislabeled, or even lost completely. If your attorney can identify problems with the chain of custody or lab results regarding the drug evidence, the prosecution might not be able to prove your charges beyond a reasonable doubt.

Contact a Montgomery Criminal Defense Attorney about Your Case

Marijuana possession can have serious and lasting consequences, including a mark on your criminal record. You want to take the necessary steps to fight against a conviction, and this begins by contacting an experienced Montgomery marijuana defense lawyer, Terry Luck. We defend against a wide range of charges, including drug possession. If you were arrested or face charges, contact us online or call 334-262-5455 today to get started protecting your rights.

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