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Please clarify, my friend has this charge and I am trying to convince him it isn't a felony, am I right?

2007-09-04 02:43:05 · 12 answers · asked by pinkkitty 1 in Politics & Government Law Enforcement & Police

12 answers

The amount in possession does not always determine between misdemeanor or felony.

In my own state there are three basic possession laws.

1) Misdemeanor possession (personal use)
2) Felony possession (trafficking and for other than personal use)
3) A subsequent arrest after having been previously convicted of a misdemeanor possession.

If you are a second time offender ... in my state ... the amount is no longer an issue it is a felony offense.

If you have further questions, feel free to email me directly.

Best wishes.

2007-09-04 03:24:38 · answer #1 · answered by KC V ™ 7 · 5 1

It depends on the jurisdiction and other variables. I live in Louisiana. The first simple possession conviction is a misdemeanor and then any other conviction is a felony. But the first conviction can be a felony if the charge is Poss. Of Marijuana With The Intent To Distribute or Distribution. This depends on whether the marijuana is packaged for "sale" or if the marijuana has been shared, given away or sold to another individual. So in theory, an amount of marijuana as small as 1 gram can be a felony.

2007-09-04 02:52:33 · answer #2 · answered by drb1256 4 · 1 0

Depends on the state. In several states like California, Alaska, and Oregon, less than an ounce possession has been downgraded to a misdemeanor, but in many others, it's still a felony. You'll need to actually get hold of the court to see what the charge really is.

2007-09-04 02:50:53 · answer #3 · answered by thegubmint 7 · 1 0

depends on the local laws of your state. In some places, it can be a felony, but most likely just a misdemeanor....

2007-09-04 03:27:02 · answer #4 · answered by SWT 6 · 0 0

According to the Uniform Controlled Substances Act, it is a misdemeanor, but states do not have to stick strictly to the guidelines set forth by the Uniform Controlled Substances Act, and many do not, so check the state code. It is probably posted on the web somewhere.

I really do not see why someone would flag this as a bad answer. But some idiot did. That is why I hate this web site. (It was probably that cop with his intimidating avatar. What a tuff-guy. His avatar makes it seem like he is yelling every answer he gives. He is a top contributor, which means he has two accounts and he goes around posting questions and then answering his own question. Then he gives himself best answer ratings through the other account. That's what all these people who have like 30% best answer ratings are doing). Pathetic.

2007-09-04 02:47:30 · answer #5 · answered by the hump 3 · 1 3

Potheads love Ohio.
Here, under 200 grams (about 7 ounces) is a minor misdemeanor.... $150 fine and a license suspension.

2007-09-04 07:07:41 · answer #6 · answered by LEO53 6 · 3 0

Would be a misdeamnor here in Missouri. But like everyone else said, check your state laws, because they will vary from really strict, to fairly liberal when dealing with marijuana.

2007-09-04 04:37:05 · answer #7 · answered by Kenneth C 6 · 1 0

It is a misdemeanor in New York.

2007-09-04 03:40:58 · answer #8 · answered by zebj25 6 · 3 0

It depends on the state. Here is a map of the whole country telling you the different laws.

http://norml.com/index.cfm?Group_ID=4516

2007-09-04 02:48:39 · answer #9 · answered by Alright 2 · 4 0

anything more than 4 oz they can get you for intent to sell.. anytrhng less then that is a misdemeaner.

2007-09-04 07:03:35 · answer #10 · answered by linz 4 · 0 0

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