Baton Rouge City Court  - Possession of Marijuana

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The listed Possession of Marijuana charge below is an offense prosecuted in Baton Rouge City Court. It is a misdemeanor offense. Felonies are prosecuted in District Court. Mr. Barkemeyer is skilled and experienced at handling misdemeanors is Baton Rouge City Court. Contact him at (225) 964-6720 if you or someone you know has a criminal charge in City Court.

 

Possession of Marijuana Lawyer in Baton Rouge

Marijuana is one of the most controversial substances that can get you into a drastic legal case. This substance is classified as a controlled substance in Baton Rouge and its possession can cause you to face prosecution in court. Possession of marijuana charges is one of the most common cases in Baton Rouge city court. Several persons are charged daily for possessing an unlawful amount of marijuana. When you have a possession of marijuana case in Baton Rouge, you need to hire a criminal defense lawyer to represent and defend you in court.

Baton Rouge is one of the places where there is very low tolerance for possession or circulation of marijuana because marijuana is one of the controlled substances largely banned in Baton Rouge city court. But as a recreational drug, it was approved as a treatment for certain chronic medical conditions. However, before you can be in possession of marijuana in Baton Rouge, you must have a prescription from a physician and must be solely for chronic, debilitating medical conditions such as glaucoma, cancer, seizure disorder, multiple sclerosis, or severe muscle spasm.

Having said the part of medical marijuana, possession of any amount of marijuana without prescription is punishable by payment of fines or jail time. Having even little quantity of marijuana for personal use is illegal. The severity of possession of marijuana crime is dependent on the amount the defendant is caught with and multiple convictions.

 

Component of Possession of Marijuana Crime

You must know the component of this crime so that you can know your rights and fight for it. Before you can be charged guilty for possession of marijuana crime, the prosecutor must be able to prove that certain conditions are met:

The first component of the possession of marijuana crime that a prosecutor must prove is 'Knowledge'. The prosecutor must be able to prove that the possession of the substance is intentional. It is possible that the substance does not belong to you but was only found in your proximity. Or you are not aware that the substance is marijuana because it doesn't belong to you. For, possession of marijuana charge to be valid, proof of knowledge or intentional possession must be established. The state or prosecutor must have evidence that links the substance and the defendant.

The second component of possession of marijuana is 'if the substance found on the defendant is marijuana'. Since marijuana is illegal in Baton Rouge, some people resort to smoking synthetic alternate of marijuana. To prove this, lab testing might be conducted on the substance found on you. Although, it may be hard to prove that the substance found on you is marijuana. This is because the office might have misplaced the substance found on you while getting busy with the case. Sometimes, they can't recognize the substance found on the defendant.

If these things can't be proven, there is no case against you. Your lawyer knows how best to reach negotiations to ensure that your case doesn't end terribly.

 

Possession of Marijuana with the Intent to Sell

Possession with the intent to sell is a more serious case of possession of marijuana. The major thing that determines if you possess marijuana for personal use or the intent to distribute is the quantity of marijuana found on you. If found with a large quantity of marijuana, you will be charged for possession with the intent to sell.

Possession of larger quantities of marijuana is a felony charge in Baton Rouge, for which you need possession of marijuana lawyer. Possession of 60 pounds or more is charged as possession with the intent to sell. Possession of drug paraphernalia along with large quantities of marijuana may get you in for a felony charge. Possession of drug paraphernalia; nylon, scale, spoon, etc can serve as proof that you engage in the distribution of marijuana, which is a higher felony case.

 

Penalties for Possession of Marijuana in Baton Rouge

Marijuana is a Schedule I controlled substance but its possession is treated slightly differently from the possession of other Schedule I controlled substances. If you are charged with the personal possession of marijuana, meaning you have marijuana, not for sale or distribution, it is treated as a misdemeanor. A person charged for possession of marijuana or synthetic cannabinoid shall be imprisoned for up to 6 months, pay a fine of up to $500, or serve both penalties.

For a person caught with less than 60 pounds of marijuana on a first offense, they are to pay a fine of up to $500 or sentenced to 6 months jail time or both. A second offense attracts a fine of up to $2,000 or incarceration of up to 5 years or both. On a third offense, the offender may be sentenced to serve up to 20 years in jail.

For a person caught with over 60 pounds of marijuana, which could pass for possession with the intent to sell or distributes will face the following penalties;

  • Possession of 60 pounds of marijuana but less than 2,000 pounds is punished with a minimum of 10 years and a maximum of 60 years. Possession of 2,000 pounds of marijuana, but less than 10,000 pounds attracts a jail term of not less than 20 years and up to 80 years. Having up to 10,000 pounds of marijuana or more attracts a minimum of 20 to 80 years in jail.

 

Aggravating Factors

Certain conditions are termed as aggravating factors because they enhance or aggravate the punishment of possession of marijuana:

  • Previous convictions- if you have a history of marijuana conviction, your case is aggravated. The punishment increases depending on the number of previous convictions.
  • A criminal record
  • The age of people involved. If you distribute marijuana to minors, you are in for a higher degree of felony.
  • If found near or within the school property.

 

Talk to Carl Barkemeyer

When you are charged for possession of marijuana, in whatever quantity, you need to contact Carl Barkemeyer. He is experienced in standing in court to defend criminal cases.

 

Sec. 13:966. Possession of marijuana.

(a)
It shall be unlawful for any person to knowingly and intentionally possess marijuana, tetrahydrocannabinol or chemical derivatives thereof, or synthetic cannibanoids.
(b)
"Marijuana" means all parts of plants of the genus Cannabis, whether, growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture or preparation of such plant, its seeds or resin, but shall not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination.
(c)
"Synthetic cannibanoids" means vegetable matter treated with a detectable quantity of a chemical compound designed or produced to simulate the effects of tetrahydrocannabinol in humans, including but not limited to:
(1)
JWH-018 (1-pentyl-3-(1-naphthoyl)indole);
(2)
JWH-073 (naphthalen-1-yl-(1-butylindol-3-yl)methanone);
(3)
JWH-200 (WIN 55,225) (1-(2-morpholin-4-ylethyl)indol-3-yl)-naphthalen-1-ylmethanone;
(4)
CP 47, 4972-[(1R, 3S)-3-hydroxycyclohexyl] - 5-(2-methyloctan-2-yl)phenol, also known as Cannabicyclohexanol (CP 47,497 dimethyloctyl homologue, (C8)-CP 47,497), and its homologues, whether dimethylhexyl, dimethyloctyl, or dimethylnonyl, to include its C6, C7, C8, and C9 homologues.
(5)
HU-210 (6aR,10aR)- 9-(Hydroxymethyl) - 6,6-dimethyl- 3-(2-methyloctan-2-yl) - 6a,7,10,10a-tetrahydrobenzo [c]chromen-1-ol.
(d)
Whoever is found guilty of possession of marijuana or synthetic cannibanoids shall be fined not more than five hundred dollars ($500.00), imprisoned in the parish jail for not more than six (6) months, or both.
(Ord. No. 15100, § 1, 3-9-11)
State law reference— Marijuana defined, R.S. 40:961(22).
 

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