Marijuana is popular as a recreational as well as a medicinal substance. However, sometimes, being in possession of marijuana can cause legal issues.
While Maryland does not prosecute possession of small quantities of marijuana for personal use and adult sharing (up to 1.5 oz), larger amounts can land you in trouble with law enforcement. If charged, there are several defenses you could consider, including the following.
Intended for medical use
Qualifying cases can argue that the marijuana was intended for medical purposes. Maryland recognizes several qualifying conditions for medical marijuana use, including cachexia, chronic or severe pain, glaucoma, post-traumatic stress disorder (PTSD) and other chronic conditions that are severe and unresponsive to other treatments. Patients who are registered may possess up to 120 grams of cannabis flower and/or 36 grams of THC in infused products.
Illegal search and seizure
If the marijuana was discovered during a legally unwarranted search, the evidence may be suppressed based on the Fourth Amendment. This defense can be particularly effective if law enforcement officers did not have probable cause. Demonstrating that the search was conducted without proper legal authorization could result in the dismissal of the charges.
Not your possession
Another defense that you can consider is arguing that the marijuana was not actually in your possession. This could involve demonstrating that the marijuana belonged to someone else or that you were unaware of its presence. Additionally, the concept of constructive possession can be challenged. Constructive possession means that even if the marijuana was not found directly on you, it was in a place where you had control or access. Proving that you were not around the location where the marijuana was found or that others had access to it can help fight a claim of constructive possession.
With knowledgeable legal guidance, you may be better placed to effectively present these defenses and potentially avoid a conviction for marijuana possession.