Marijuana is going to get even harder for most people in America to do so in the coming months if the Supreme Court’s ruling in the McCleary decision is upheld.
If the ruling were upheld, adults younger than 18 could be arrested and punished with a misdemeanor marijuana conviction every time pot was sold to someone with age restrictions. However, the law isn’t limited to adults as the ruling only applies to people over 18 years old — people like me.
Here is a list of states and localities that have passed laws that allow adults to buy or use marijuana if they’re over 18 years old. You can find this article here: What is a marijuana conviction?
Now that McCleary is done, it is very likely that adults will have to buy or use marijuana at least twice before it can be punished by law. Here are some things you should do in the case of a marijuana conviction before making any plans on using the drug:
Try to contact the lawyer who can help you obtain an education about the marijuana laws before making a decision that might involve criminal charges. If the conviction was under the influence of alcohol, you probably will need your first lawyer. The same holds true, you probably need your first lawyer before making a marijuana purchase or using marijuana that looks like alcohol.
If you are charged with any of the following crimes, it is very likely your case will end with an arrest and fine that costs you thousands of dollars:
Criminal Possession of a Controlled Substance
Criminal Sale of Cocaine
Motor Vehicle Theft
Offenses that don’t fit this category
If you are charged with any of the above offenses but you are over 18 years old, it is extremely unlikely that these crimes will hold you in jail. In fact, for these crimes to hold you in jail, the state must prove a “substantial risk of harm.” Basically, what the law says is you have to prove they would carry out an offense (including the use of force) against someone under 18.
If this is a felony offense, you are also required to pay an “Approved Aggravated Punishment.” And, for each charge, the prosecutor’s office is allowed to bring in one defense expert. This one is often the prosecutor’s main argument or proof