Marijuana Attorney Overview

Lawyer Representation in Cases Involving Drug Possession or DUI

For much of the recent past, marijuana has been considered a controlled substance that is illegal to possess, use, grow, sell, or transport. However, in recent years, many states have relaxed their marijuana laws, making the drug legal for medicinal or recreational use. But while marijuana has become more acceptable, many people may still face drug charges related to its possession or use. If you have been arrested on charges related to marijuana, it is important to work with a criminal defense attorney who is experienced in the laws of your state.

Possession and Use of Marijuana

The laws regarding the possession, use, and sale of marijuana vary wildly from state to state. In some states, possession of any amount of marijuana is illegal and can result in serious criminal charges, while other states have decriminalized the possession of small amounts, making this type of possession punishable by a civil fine rather than criminal charges. In some states, marijuana has been legalized for medicinal use, but only to treat certain conditions, and users are typically required to obtain a medicinal marijuana license.

Even in states where marijuana has been legalized for recreational use, its sale is strictly regulated, and local ordinances can affect where it is allowed to be sold. Some states only allow the possession of certain amounts of marijuana, or they may only allow people to grow a certain number of plants.

The vast differences between state laws may result in people who are legally allowed to use marijuana in one state being charged for transportation of marijuana between states. People may also face charges related to selling marijuana in violation of state laws. In addition, since the federal government still considers marijuana to be a controlled substance, people may face federal marijuana possession or trafficking charges even if they do not violate any state laws.

Marijuana DUI

The legalization of recreational and medicinal marijuana has led to a great deal of concern about the dangers caused by driving under the influence of this drug. People who drive after using marijuana may face DUI charges, and these charges will have the same consequences as a DUI for drunk driving.

However, the laws differ from state to state regarding what constitutes intoxication by marijuana. Some state laws have defined intoxication as a certain amount of marijuana in a person's blood or other bodily fluids, while other states leave it up to police officers' discretion to determine whether a driver is considered impaired.

Unlike tests for measuring blood alcohol content, standards for measuring impairment by marijuana have not been established. Some states have begun having police officers use methods such as mouth swabs to test the amount of marijuana in a driver's system, but these tests are not as conclusive as a breath test for alcohol, since the body metabolizes marijuana in a different manner, and results can vary wildly depending on a person's weight, gender, and other factors.

If you are facing charges related to marijuana possession or trafficking, or if you have been arrested for DUI after using marijuana, it is essential to work with a skilled attorney who knows how state laws apply to your situation. Your lawyer will help you understand your best options for defense and work to minimize the consequences to your life.