MARIJUANA GET OUT OF JAIL FREE CARD
If you’ve been charged with possession of marijuana as a first offense, you may be entitled to a dismissal of the charge pursuant to the applicable provisions of the criminal procedure Law.
For many first offenses defense counsel can make application to the court for an adjournment in contemplation of dismissal. Typically the adjournment is for a period of six months in which a client must lead a law-abiding life and sometimes abide by other conditions. After that period of time the charge will be dismissed without a further court appearance.
New York law has changed dramatically in the last few years with respect to its treatment of marijuana possession. Like many other states New York has also recognized the medicinal applications of marijuana.
Recently the scope of New York’s medical marijuana law was greatly expanded by adding, “chronic pain” as an approved medical condition to receive medical marijuana.
As with any other drug possession case, having a current valid prescription for the drug that was seized is a defense to the crime of criminal possession of a controlled substance. Having a prescription for marijuana also applies, so long as the substance and form of the substance is in fact marijuana.
If you do not have a valid prescription for medical marijuana and possess marijuana then you are in violation of New York penal law section 221. Possession of marijuana tar, synthetic marijuana, or concentrated marijuana may also be a violation under penal law section 220 which is criminal possession of a controlled substance.
The form, composition, and weight of marijuana seized are factors that determine the applicable charges and applicable defenses. For example unlawful possession of marijuana pursuant to New York penal law section 221.05 is merely a violation. Whereas criminal possession of marijuana in the 5th degree contrary to penal law to 221.10 is a class “B” misdemeanor requiring an aggregate weight of more than 25 grams. Penal law section 220.06, criminal possession of a controlled substance in the 5th degree is a class “D” felony. A person can be charged with this offense if he or she possesses one or more preparations, compounds, mixtures or substances containing concentrated cannabis.
In addition to addressing the circumstances surrounding the search and seizure which resulted in the criminal charge, having an attorney that knows the elements of the various offenses and what facts are necessary to support those elements is essential to a good defense.
Attorney Jason C. Henskee has had felony marijuana charges dismissed as the result of unlawful search and seizure. He has secured numerous dismissals for individuals charged with the first time marijuana possession offense.
If you are charged possession of marijuana or possession of a controlled substance contact Attorney Jason Henskee at 716-464-3705 for a free consultation.
December 14, 2016