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Home  >  Drug Crimes  >  Marijuana  >  Possession of Marijuana

Possession of Marijuana Charges

James Powderly is an experienced and skilled Cape Cod marijuana possession defense lawyer. He has tailored his legal practice to defending those individuals charged with criminal violations, and he is ready to defend your case in court. Attorney Powderly has had much success defending clients charged with possession of marijuana. He handles each marijuana possession case with compassion, skill, and extensive preparation. He gives each possession case particular care, and he always keeps the interests of the client as his primary motivator. If you have been charged with a marijuana-related offense in the Cape Cod region, do not hesitate to contact Attorney James Powderly at James Powderly for an initial case review.

Do I Need an Attorney?

Marijuana possession can be a complicated charge to face. In fact, some people are charged with possession even if they are actually not in possession of a controlled substance. For instance, you might be charged with possession if the substance is in a drawer at your home or even in a safe. Marijuana possession cases boil down to the amount of control the individual has over the marijuana. The criminal justice system and the associated criminal penalties can be extremely complex. It is essential to have an experienced attorney by your side when you face these tough issues.

If you have been charged with possession of more than a certain amount of marijuana, you might be subject to criminal punishment. If this is your second offense, the penalty will be even more severe. It is important that you have an experienced marijuana defense attorney on your side that knows the best strategies to combat marijuana possession charges and get you exonerated. Attorney James Powderly has years of experience defending clients charged with possession of marijuana. Please call him today at (508) 343-0676 for an initial case review.

If you are faced with a marijuana possession charge in Massachusetts or in the Cape Cod region, your freedom and livelihood are at stake. Contact Attorney James Powderly today to get unmatched criminal defense. He has dedicated his practice to helping people like you that have been charged with criminal offenses. Please call him today at (508) 343-0676 so he can review your case.

Why Choose James Powderly?

Attorney James Powderly provides top-notch representation to individuals charged with marijuana possession in Massachusetts and throughout the Cape Cod Region. He has the skill and experience of a seasoned attorney while also having the energy and charisma of a younger lawyer. He was voted a “Top 40 under 40” attorney by the National Trial Lawyers. He was also selected as a “Rising Star” by Superlawyers Magazine and  named a “10 Best” lawyer by the American Institute of Criminal Defense. James Powderly is rated a 10/10 “Superb” on AVVO. Simply put, Attorney James Powderly is a distinguished and respected criminal defense attorney who gets results.

Regarding possession charges, Attorney Powell has obtained highly positive results on behalf of his clients If you have been charged with marijuana possession, you need the skill and experience of Attorney James Powderly on your side to get the charge dropped.

James Powderly earned his numerous awards and recognitions through quality criminal defense representation and advocacy. He has obtained multiple Not Guilty verdicts for clients charged with more serious crimes, including manslaughter, masked armed robbery, rape, and drug trafficking as well. These “not guilty” verdicts, along with other aspects of his practice, have earned him the reputation of being one of the top criminal defense attorneys in the Cape Cod region.

Frequently Asked Questions

The criminal defense representation provided by Attorney James Powderly is unmatched. Attorney James Powderly is ready to help you with all of your marijuana possession charges and issues. He has the skill and experience you need on your side to ensure the best possible outcome in the criminal proceedings. Do not hesitate to call him at James Powderly to discuss your criminal charges. We have included a few frequently asked questions and their answers below for your review.

I was charged with possession of marijuana, but I only had a very small amount. What should I do?

According to Massachusetts law, if you are in possession of one ounce or less of marijuana, you may not be subject to a criminal offense. Instead, you may be subject to a civil penalty or a forfeiture of the marijuana. Besides these penalties, there is nothing criminal involved. If you are under the age of 18, in addition to the civil penalties or forfeiture, you will also have to complete a drug awareness program. The law is also clear that if you were caught with one ounce or less of marijuana, it cannot be used against you down the road to deny financial assistance. For instance, this simply possession penalty cannot be used against you to deny the following:

  • Student financial aid
  • Public housing
  • Unemployment benefits
  • The right to operate a motor vehicle

In addition to these express provisions of the law, possession of less than one ounce of marijuana is not classified as “criminal offender record information,” “evaluative information,” or “intelligence information.” Nor shall this information be recorded in the Criminal Record Information system.

The same rules and regulations for possession of one ounce or less of marijuana may soon apply to possession of two ounces or less. If this law is passed, if you are in possession of two ounces or less of marijuana, you are also only subject to the civil penalties and forfeiture and may not be subject to any criminal sanctions. The same rights and liberties will apply if you are caught with two ounces and if you are caught with one ounce.

Do I have a Constitutional right to possess marijuana in my home for personal use?

According to the courts of Massachusetts, you do not have the Constitutional right to possess marijuana in your home for personal use. Recreational possession is not protected by the Constitutional right to privacy.

Are there any defenses against a marijuana possession charge?

The Massachusetts legislature passed a law that says if you are a patient who has been certified to participate in a therapeutic research program and possess the marijuana for personal use because of the program, you are entitled to a defense against a possession charge. If you think you may be subject to this defense, it is important that you have the experience and skill of Attorney James Powderly by your side when presenting this complicated defense before the criminal court. Call him today at James Powderly.

How will the government try to show that I was in possession of marijuana?

When possession is at issue, the case largely depends on the amount of control you had over the substance. It does not matter how long the marijuana was in your control. For instance, the control might only be momentary, which may occur when you quickly pass the substance to someone else. If marijuana is found in your bedroom or closet, then the state will try to show that you had control over the substance. The point is, the state will try in many different ways to show that you had control over the marijuana, even though the control they try to establish may be fleeting and brief. You need an attorney on your side that knows both the law and your rights. If you want top-notch marijuana possession defense representation, contact Attorney James Powderly today.

What is the Controlled Substances Act?

The Controlled Substances Act is a Massachusetts law that classifies various controlled substances in order to establish criminal penalties for violations of the act.

Is recreational use of marijuana legal in some cases?

In 2016, Massachusetts passed a law that legalized the recreational use of marijuana for adults 21 years of age and older under specific circumstances. The state has permitted the licensing, regulation, and taxation of businesses involved with marijuana; similar to alcoholic beverages. However, this is a very difficult and complicated law that requires careful legal analysis and evaluation. If you want the experience and skill needed to help you with your marijuana possession charge, contact Attorney James Powderly at (508) 343-0676. He is among the best criminal defense lawyers in the Cape Cod region.

Contact Attorney James Powderly

Cape Cod criminal defense lawyer James Powderly is here to help you with your marijuana possession charge. Attorney James Powderly has the skill, experience, and knowledge you need on your side to handle this situation. Do not wait; call him today at (508) 343-0676. The sooner you contact him, the sooner he can use his skills to advocate and fight for your rights.