Felony Possession of Marijuana

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

To prove Felony Possession of Marijuana, the prosecution must show that the person knowingly possessed more than one and one-half ounces of marijuana.  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 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 that the person exercised control over, 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 Felony Possession of Marijuana, call David Q. Burgess for a free consultation at (704) 377-9800.