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CT defense lawyerAs with any other drug, being charged with possession of marijuana can lead to serious consequences even if you do not wind up serving jail time. A drug conviction on your record can lead to problems in life, especially for juveniles, so if you have been arrested and charged with possession, it is crucial to try and find an experienced attorney who can help you have the best chance possible at proving your innocence.

There Are Still Consequences

While it is true that possession of small amounts of marijuana has been decriminalized - if you are stopped with less than one ounce of a “cannabis-like substance,” you will have committed a civil infraction, rather than a crime - this does not apply to amounts over one ounce. If you are stopped with between one and four ounces, this is a misdemeanor charge, but any amount over four ounces is a felony, even on a first offense. Even the lowest level felony can lead to fines of up to $5,000 and up to 10 years in jail.

However, even possessing less than one ounce of marijuana opens one up to potential consequences. A first offense results in a $150 fine, with a second and third costing $500. After two convictions for this type of infraction, the court then has the legal authority to order you into a drug treatment program. This can be a mixed blessing, as you cannot be ordered to jail for civil infractions, but drug treatment and other diversions can cause problems at work or at home.

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CT defense lawyerIn 2011, Connecticut’s then-governor signed legislation decriminalizing the possession of small amounts of marijuana, reducing the sentence from incarceration to a fine, between $150-$500 per offense. However, too many people hear this and assume that this means no consequences for possession at all. In reality, being charged with possession of any drug is still a serious offense that requires an experienced legal professional to manage.

Infractions vs. Crimes

Decriminalized offenses are still considered infractions, which means that consequences still attach. While these offenses do not carry a penalty of incarceration, they do still carry fines, and can still cause serious problems in the future, since a possession conviction as an adult will generally remain on a person’s criminal record. Also, after your second conviction for this infraction, you can be ordered into a drug treatment program by the court.

It may seem a good idea to simply pay a ticket for possession of marijuana, but in reality, it causes far more trouble than it alleviates in the short-term. Admitting your guilt means that the offense remains on your record, where it can be visible to future employers, loan officers, and others in positions of authority. In most situations, it is best to try and fight the charge, so you can potentially duck that blemish on your record.

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CT criminal lawyerIn recent years, there has been a push to legalize small amounts of marijuana in various states around the country. Connecticut is one of the states that has made a change, reducing the penalty for possession of less than ½ ounce of marijuana to a criminal violation, rather than a misdemeanor or felony. However, if you are stopped with more than ½ an ounce, you can still be charged with a drug crime in Connecticut. If this is you, be aware that you do have options, especially if you have a knowledgeable attorney on your side.

Penalties Still in Force

While the penalty for possession of minor amounts and possession of some marijuana-related paraphernalia has been lowered to a violation, the sentencing for conviction on possession of larger amounts or for distribution remains unchanged, and a conviction will stay on your record for many years afterward. A first-time misdemeanor possession charge carries a jail term of at least 1 year, while a felony conviction means at least 5 years in jail.

Distribution penalties are even more severe, even for a first offense. Depending on the amount involved in the charge, you can face anywhere between 5 and 20 years in prison. If you are convicted of distributing 1 kilogram or more, there is a mandatory minimum of 5 years, plus all the attendant fines. In addition, there are modifiers that can add time, such as distributing to someone under 18 or distributing within 1,500 feet of a school.

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Posted on in Drug Charges

Connecticut defense attorneyIn Connecticut, marijuana possession is unlawful and can result in fines and even jail time. Fortunately, there are a variety of defenses that can be raised to counter these types of charges, so if you live in Norwalk and have been arrested for or formally charged with possession of marijuana or another drug, it is important to speak with an experienced criminal defense lawyer who can explain your legal options.

Possession of Less Than Half Ounce

The severity of a marijuana possession charge depends on how much of the drug was found on the defendant’s person and whether he or she has a prior criminal record. For instance, those who are arrested with less than half an ounce of marijuana will only be charged a $150 fine for a first offense, while the fine for a subsequent offense increases to between $200 and $500. Third-time violators must pay for, attend, and complete a drug education class. Those who are under the age of 21 years old will also have their driver’s license suspended for two months.

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Fairfield County drug crimes attorneyWhen you are found to be in possession of marijuana or other drugs, whether you are in a public place or in the company of friends, you may face serious criminal charges from a number of different angles. The consequences can be even more grave when those charges involve distributing, selling to, or employing minors to sell such drugs.

Penalties for Possession

According to Connecticut law, marijuana charges (and other certain controlled substances) are penalized in the following ways:

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marijuana DUI, Connecticut drug crimes lawyerThe decriminalization of marijuana is a growing trend nationwide. In Washington and Colorado, marijuana has been legalized, while in almost half the states—including Connecticut—it may be used legally only for medical purposes. However, there may be a darker side to these trends: a recent study shows that the number of marijuana-related automobile fatalities has risen sharply in the last decade. The data suggest that drugged driving may be an increasingly common cause of car accidents.

According to a report by the Columbia University Mailman School of Public Health, the presence of non-alcohol drugs in the systems of drivers involved in fatal car crashes has been on the rise and has tripled in the last decade. Using data from the states that routinely test the blood of drivers involved in fatal car accidents, the study reported that in 1999, 4.2 percent of drivers who were killed in automobile crashes tested positive for marijuana; in 2010, that number increased to 12.2 percent. The major increase was shown across all ages and in both genders.

The study also showed that alcohol use was more prevalent than drug use in drivers involved in fatal crashes, but that percentage has stayed relatively stable. The presence of all non-alcohol drugs increased from 16.6 percent in 1999 to 28.3 percent in 2010. This increase may be attributable to the decriminalization of marijuana as well as the national opioid use epidemic. While all states have laws prohibiting impaired driving, the national trend toward permitting at least limited marijuana use may be a factor in the increased number of drugged-driving incidents.

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marijuana, drug possession, drug charges, criminal charges, Stamford drug charges, criminal defense lawyerWhether you already have a criminal record, or a marijuana drug possession charge is your first offense, you should take your case seriously and hire a criminal attorney. In Connecticut, there are several different types of charges you might be facing if you are caught with marijuana and you are not protected under Connecticut medical marijuana laws.

If you are arrested with less than 4 ounces of marijuana, you could be facing a fine of $1,000 and, you could be sentenced to up to a year in jail. Any case involving higher quantities of marijuana can have more severe consequences.

Even young adults can face penalties if caught with marijuana: for possession of less than 5 ounces or possession of drug paraphernalia related to less than 5 ounces of marijuana, a juvenile under the age of 16 will have their license suspended for at least 60 days. Youth aged 17-21 will face fines and driver’s license suspension as well. Juveniles may also need to attend drug counseling and complete a certain number of community service hours.

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