Marijuana Possession: Laws & Penalties....heres your 'sec8' stuff-

buckaroo bonzai

Well-Known Member

:shock:bongsmilie:shock:bongsmilie

Marijuana Possession: Laws & Penalties


According to government reports, marijuana is the most commonly used illegal drug in America and over 80 million Americans have tried it. Despite its popularity, there is nowhere in the United States where it is ‘legal’ to possess marijuana. Some states have passed medical marijuana laws permitting possession under certain circumstances, and some state laws have decriminalized marijuana, typically making possession of small amounts punishable by fines or treated as infractions. But in all states, it is still a violation of federal law – which classifies marijuana as a controlled substance -- to possess marijuana. This conflict may someday be resolved by federal legislation but for now, federal and state law are often at odds with each other, as discussed below.
Primary Factors Affecting Punishment

If you have been arrested for possession of marijuana, the key factors that will affect the outcome of your case are as follows:
State or Federal Jurisdiction. Were you arrested by federal or state law enforcement officials? If you were arrested for possession by state law enforcement, you will need to review your state’s laws. If you were arrested by federal law enforcement, most likely you were targeted for arrest because your possession was in connection with other violations such as drug trafficking, large scale grow operations, ties to criminal enterprises, or violent activities or unlawful possession of firearms. Under federal law, possession by itself is a misdemeanor punishable by up to one year in prison and up to $1,000 fine for first offense. When possession is tied with sale or other criminal enterprises federal penalties are much harsher and categorized as felonies. Federal prosecutors may also prosecute as marijuana crimes conduct that is legal under a state’s law. This is not common, but the rise in medical marijuana laws has prompted the federal government to periodically reevaluate its enforcement policies.
Decriminalization. Has your state decriminalized marijuana? Fourteen states have done so: Alaska, California, Colorado Connecticut, Maine, Massachusetts, Minnesota, Mississippi, Nebraska, Nevada, New York, North Carolina, Ohio, and Oregon. Decriminalization means that possession of a small quantity of marijuana for personal use is an infraction, a minor violation akin to a traffic ticket. Typically, violators are subject only to a small fine and first time offenders usually have no criminal record. In states that have decriminalized marijuana, offenders receive citations but they are not arrested unless they possess large amounts or are repeat offenders. In Alaska, which has the most liberal decriminalization laws, there is no penalty for possession of one ounce or less in a person’s residence.
How much? Punishment for marijuana possession typically varies according to the quantity of marijuana possessed. Possession of marijuana almost always constitutes a felony rather than a misdemeanor when the quantity is large enough to indicate that it is held for sale rather than for personal use. In almost all states, possession of amounts greater than one kilogram can result in felony offenses which carry a much more significant penalty. These felony charges can also include the growing, cultivation, manufacturing or sale of marijuana or marijuana drug paraphernalia.
Medical marijuana. Are you certified as part of a state medical marijuana program? Eighteen states have passed laws permitting possession of marijuana for medical purposes. These include:Alaska, Arizona, California, Colorado, Delaware, District of Columbia, Hawaii, Maine, Maryland, Michigan, Montana, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, and Washington. Typically these state laws remove criminal penalties for possession to those people who have qualified and have written certification from a physician.
Other Factors Enhancing Punishment

Certain additional factors may affect the punishment for possession. These include

  • Do you have a previous criminal record or is this a second or third offense for possession?
  • Did you sell or give marijuana to minors, or were you arrested for possession near a school, public park or similar community locale? In some states, this may results in enhanced punishment.
  • Was the arrest made in connection with a driving infraction? Many states have DUID (driving under the influence of drugs) laws that include marijuana. See Driving Under the Influence of Marijuana for more information.
  • Was the possession for plants or harvested marijuana? State laws may differ as to punishment regarding possession of plants versus possession of cut marijuana.
  • Did you have drug paraphernalia. State laws differ as to the legality of drug paraphernalia such as pipes, scales, bongs or other devices.
Marijuana Possession Penalties

For those charged with possession of under 1 kilogram of marijuana, not for resale or distribution, the misdemeanor marijuana possession charges are lowest for first offenders and then increase in their severity. In situations where the charge is based on sales of drug paraphernalia, the penalties can be increased to a felony if the item is sold to a minor child. Depending on the factors listed above, the penalties for possession can include:

  • a fine (typically up to $2000)
  • jail time (typically less than one year in jail)
  • mandatory drug testing
  • drug awareness classes
  • probation
  • electronic monitoring
Marijuana Possession Sentencing

Although possession of marijuana is typically not considered as serious as other types of drug or controlled substance charges, judges have sometimes imposed fairly stiff sentences even on first time offenders. As noted, the individual's age, prior convictions and overall standing in the community are typically taken into consideration as to what type of sentence is the most effective. For those that have a driver's license, suspension of the license can also occur and may be ordered by judges under specific situations. An attorney can assist in minimizing the sentence by working with the prosecuting attorney to plea bargain or agree to a treatment program rather than a conviction.
Marijuana Laws by State

Choose your state from the list below to find information about your states laws regarding marijuana use.

Get Legal Help For a Marijuana Possession Charge

Marijuana possession is a serious charge, even if it is at the misdemeanor level. With this type of conviction on your record, your ability to obtain employment under certain circumstances may be limited. Working with an experienced criminal defense attorney can provide options for lowering the charges or even arranging probation instead of jail time, with the option to later have your record expunged.


Michigan Marijuana Laws

Marijuana possession, sale, and manufacture are regulated by both state and federal law. In Michigan, marijuana is classified as a Schedule I substance, which means that it has a high potential for abuse and no generally recognized medical value. (Mich. Comp. Laws Ann. § 333.7212.) However, despite being a Schedule I drug, Michigan allows medical marijuana use under limited circumstances. While not covered in this article, it is also a crime to drive under the influence of marijuana in Michigan.
To learn about Michigan's medical marijuana laws, see Michigan Medical Marijuana Laws.
For information about charges and penalties for driving under the influence of marijuana in Michigan, see Driving Under the Influence of Marijuana in Michigan.
Marijuana Possession

It is a crime to knowingly or intentionally possess any amount marijuana (including small amounts for personal use) in Michigan. Penalties include a fine of up to $2,000, up to one year in jail, or both. (Mich. Comp. Laws Ann. § 333.7403(1).)
Cultivation and Distribution

It is illegal to cultivate marijuana plants, or to distribute any amount of marijuana (or possess marijuana with the intent to do so). Penalties vary according to the amount cultivated or possessed for sale, with additional penalties for sales to a minor or near a school or library. (Mich. Comp. Laws Ann. §§ 333.7401 & 333.7410.)

  • Delivery without payment. Someone who gives marijuana to another person without payment (and not to further future sales), is guilty of a misdemeanor, and will be punished with a fine of up to $1,000, up to one year in jail, or both.
  • Up to five kilograms, or 20 plants. Penalties include a fine of up to $20,000, up to four years in prison, or both.
  • Between five and 45 kilograms, or 20 and 200 plants. Penalties include a fine of up to $500,000, up to seven years in prison, or both.
  • 45 kilograms or more, or 200 plants or more. Penalties include a fine of up to $10,000,000, up to 15 years in prison, or both.
  • Sale to a minor or near a school or library. Sales to a minor who is at least three years younger than the seller, or sales made within 1,000 feet of a school or library, can incur up to twice the applicable penalty listed above.
Drug Paraphernalia

It is illegal in Michigan to sell drug paraphernalia (or to possess or display paraphernalia with the intent to distribute it). Paraphernalia includes items used in growing, harvesting, processing, selling, storing, or using marijuana. Before arresting a seller, a prosecuting attorney must provide a written cease and desist notice to the seller. The notice must be issued at least two days before the potential arrest, and must inform the seller that the items offered for sale are paraphernalia, and request that the seller refrain from selling the items. Complying with the notice is a complete defense to arrest and prosecution. Failure to comply with this notice subjects the seller to a fine of up to $5,000, up to 90 days in jail, or both. (Mich. Comp. Laws Ann. § 333.7453.)
The Value of Local Legal Representation

If you have been charged with a marijuana-related offense, consult an experienced criminal defense attorney. While the penalties and consequences of a marijuana charge are governed by statutory law, only a local criminal defense attorney can tell you how cases like yours tend to be handled by prosecutors and judges in you area.


http://www.criminaldefenselawyer.com/crime-penalties/federal/Marijuana-Possession.htm

 
your not a crook...:eyesmoke:...the ones making and imposing the laws are-

--and enforcing them!
they are made for 'us'....not them-

if you were a politician or bankster stealing millions and ripping off average citizens you would be living the high life-

--course if you were one of 'them' caught w mj prolly nothing would happen
....they dont get caught up they have too much $$

our system is based on 'how much justice can you afford?'--
especially here in michigan where the lawyers have designed it all this way on purpose.......
 
I never grew more than 19 plants at once in Mi before the medical law due to this bullshit and often I wonder if I should revert back to the old rules
 
well the 'old' rules are the same as the 'new' rules.....

--only difference is the lawyers get to call it 'sec8' and charge you accordingly

somthing they have worked very hard for
--their bank accounts


and if you DO need to mount a sec8 defense it helps if you are concious of all these rules....

--otherwise the lawyers will 'sell' you the information

...they know what to charge you based on where you would fall in the mandatory minimums sentencing guidelines

you could get the same sentence for 5lbs or 5tons
....depends on how much you want to pay the lawyers to defend your argument-

--or you could get lucky like the 'farmer' here in mich who got 'probation' for 6000 plants...

thats the lawyer you want-
(can someone KEEP posting that guys name...and number)
 
The Human Solution THS-mi.org

we have many fighting, and a few doing it on there own. no lawyer!!! pro se litigant. next Wednesday in oakland county! 8:30 am be there and help stand up for your rights
 
The Human Solution THS-mi.org

we have many fighting, and a few doing it on there own. no lawyer!!! pro se litigant. next Wednesday in oakland county! 8:30 am be there and help stand up for your rights


--you mean like a 'real' patients group?
....by patients for patients??

whats the catch?

--there must be a dispensary involved or a FM trying to justify their existence.....?
--all the 'pt groups'[fake] i have seen here in michigan try and use pts to justify their distribution methods-

i will chk it out...

--arent you worried about cPu and their minions attacking you for trying to do this w/o 'their' lawyers?
or 'business' model?

....they certainly frown on this type of thing and it makes it hard for them to spread their rhetoric make $$ and herd patients into the box their building....

'Oakland' co---oooohhhhh scary!!

8:30AM is kinda early for patients (stoners) to get up-and actually BE somewhere...

sounds interesting tho....
--is it like a 'patients union' of sorts?
where members actually try and protect and help 'members'.....? --w/o charging them or steering them to lawyers?

you have my attention-
 
I don't know about all the details... Real ppl/patients showing the hell up (lose bullshit apathy and anxiety) to stare in the faces of other real ppl(jurors). this type of effort can supersede the prosecutor, judge and their hornswoggling... The Human Solution, I like the name.
 
The Human Solution THS-mi.org

we have many fighting, and a few doing it on there own. no lawyer!!! pro se litigant. next Wednesday in oakland county! 8:30 am be there and help stand up for your rights

Checked out the site. Looks great!

One thing though ..... the events calendar says that the Oakland county date is THIS Wednesday (tomorrow). Is that an error?
 
NOT AN ERROR. i'm leaving ROSCOMMON AT 4:45 AM. have room in vehicle!!

court usually starts around 9:15 or so whenever the judge shows up. we'll be the group wearing green ribbons :)

there are so many court cases i cant make them all stow... its nuts. even if i try my hardest. but that is why i started working on expanding more... i'm am Court Support Coordinator of the Michigan Chapter...

and i hope many of you have at least gotten to know some of my philosophy over the years - i'm a patient and caregiver, hell at one point, i wasnt!!, i just voted! but this is an all volunteer non profit organization, please check it out and ask questions dammit.

BTW... next chapter meeting is in ANN ARBOR at the Clarion over the conference weekend... better show up dammit :)
 
Checked out the site. Looks great!

One thing though ..... the events calendar says that the Oakland county date is THIS Wednesday (tomorrow). Is that an error?


i meant THIS, so i understand the confusion, the site is correct. i meant tomorrow. lol ...gonna be a long haul.

there is a Town Hall meeting in Grass Lake tomorrow which i'll be hitting up after the court hooplah.
 
i meant THIS, so i understand the confusion, the site is correct. i meant tomorrow. lol ...gonna be a long haul.

there is a Town Hall meeting in Grass Lake tomorrow which i'll be hitting up after the court hooplah.


i like the site and the whole concept....sign me up!

tmrw is too soon tho

i will be joining the site

looks like a worthy format! -righteous!
 
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