Misdemeanor Possession Of Marijuana

If you have been charged with Misdemeanor Possession of Marijuana in Charlotte, you need the counsel of a knowledgeable and experienced criminal defense lawyer who is dedicated to achieving the best result possible.  A knowledgeable and experienced criminal defense attorney knows what the State must prove and the consequences of a conviction of Misdemeanor Possession of Marijuana.  David Q. Burgess, who is available for a free consultation at (704) 377-9800 in Charlotte, is a knowledgeable and experienced criminal defense lawyer who knows what the State must prove and the consequences of a conviction of Misdemeanor Possession of Marijuana.

To prove Misdemeanor Possession of Marijuana, the prosecution must show that the person knowingly possessed marijuana.  Depending upon the amount, Misdemeanor Possession of Marijuana may be either a Class 3 misdemeanor, which is the lowest level misdemeanor, or a Class 1 misdemeanor, which is the second highest level misdemeanor.  It is a Class 3 misdemeanor where the amount is one-half ounce or less. It is a Class 1 misdemeanor where the amount is more than one-half ounce but not more than one and one-half ounces.

Possession may be either actual or constructive.  Actual possession is where a person has it on his person.  Constructive possession exists where the person does not have it on his person but is aware of its presence and has both the power and intent to control its disposition or use.  More than one person may have the power and intent to control its disposition so that one or persons may have constructive possession of the marijuana.

A person’s awareness of the presence of the marijuana and his power and intent to control its disposition or use may be shown by circumstantial evidence alone.  However, that the marijuana was found in close physical proximity to the person is not, by itself, enough to show that the person was aware of its presence or had the power or intent to control its disposition or use.  Instead, there must be additional circumstances to show that the person was aware of its presence or had the power or intent to control its disposition or use.  For example, if the marijuana was found in a house or a vehicle and that the person exercised control over the house or the car, that would be an additional circumstance from which it could be shown that he was aware of the presence of the marijuana  and had the power and intent to control its disposition or use.

If you’ve been charged with Misdemeanor Possession of Marijuana, call David Q. Burgess for a free consultation at (704) 377-9800.