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Not all marijuana charges are created equal

Sorry if you got busted for a marijuana possession charge. But don’t freak. Couple things you might want to consider: Not all marijuana possession charges are created equal. So before you go shitting bricks, give this some thought. There are are a couple different flavors of marijuana possession, and the punishments vary accordingly.


Felony possession – Varies by the amount and your intent

At the top of the list is the felony type possession. Often this has to do with quantity. If you got busted with a great amount of pot, then your marijuana possession charge may be a felony grade and subject you to jail time. In common law, the definition of a felony is an offense that can put you in jail for a year or more. For marijuana, possession of an ounce or more is often considered as felony, though that will depend on the law of the state you’re in.

Another way that you might catch a felony is not just by quantity but by intent. If it looks like you were gonna be selling the stuff, like if you got caught with half an ounce (maybe not a felony by quantity standards) but all packaged up in neat nickel and dime bags or grams or whatever, then that may be considered a felony due to the fact that it looks like you were gonna be selling. This charge is sometimes called possession with intent to sell or deliver or PWISD.

Similarly, if you get caught with growing marijuana plants, there too the possession of marijuana charge is often bumped up to a felony grade because it looks like you were going to be engaged somehow in marijuana commerce (which is almost always a felony charge and punished more severely than just sort of keeping a small amount to yourself).


Sometimes varies by where you got caught

Lastly, some states have marijuana felonies that are charged based on where you are when you are caught. For instance, if you get popped on school grounds (or in some cases even nearby) your marijuana possession charge might very well be made a felony. Similarly, if you are on a school bus when you get busted, the same sort of marijuana felony charge may be what you’re looking at.


Now, this is absolutely nowhere near a treatise on marijuana possession charges across the nation as you can see. If you’re interested in getting a closer look, you might consider going to the NORML site where you can find a compendium of state marijuana laws. Click here:

OTOH, if you have a pot case, you may just want to post it on and get some real advice from a real practitioner. Hey there’s no charge and it damn sure hurts less than shitting a brick.