Underage Marijuana Possession in NJ Roberts & Teeter, LLC

Since 2012, it has been legal to use medical marijuana, which is closely regulated. Minors with a marijuana-derived drug that a doctor has prescribed can legally possess it as long as they don’t use or cultivate marijuana themselves. But you’ll realize it’s a big deal when it starts to affect other areas of your life, like college, work, professional licensure, your driver’s license, and more. If you are and you are found in possession, the penalty is a $100 fine.

Possession of any of these legal substances as a minor is considered unlawful possession of a controlled substance and will be prosecuted as such. North Carolina considers a “small amount” to be a half-ounce or less, and calls it “simple possession of marijuana.” No jail time is involved for a first offense, and it is a misdemeanor, but there is a $200 fine. If you’re in possession of more than that, up to 1.5 ounces, it is still a misdemeanor, but carries a $1,000 fine and up to 45 days in jail. If someone is caught with more than 1.5 ounces, up to 10 pounds, they‘ll be charged with a felony, given a $1,000 fine and spend as much as 8 months in jail. Minors in possession of marijuana in Michigan after an initial conviction may be charged with violation of a civil infraction and a potential fine of $500.00 and forfeiture of the marijuana. If the minor is under the age of 18 you will also be required to participate in 8 hours of drug education or counseling.

what happens if you get caught with weed under 18

A juvenile is defined by Minnesota law as a person between 10 and 17 years old. When a juvenile commits a crime, the laws and consequences differ than laws and consequences for adult criminals. Depending on the circumstances, juvenile crimes can range from misdemeanors to felonies. Penalties for misdemeanors often include detention in a youth facility and counseling, but in serious cases, a juvenile can be charged and punished as an adult. Additionally, possession of marijuana on the grounds of a school, child daycare center, or youth center while children are present also remains illegal and can result indrug charges. A controlled substance conviction can result in suspension of driving privileges for up to 3 years if the use of a motor vehicle was used in or incidental to the offense.

If the person is over 18 and in possession of 2 ounces or less of marijuana, they will receive a non-criminal – or civil – citation with a fine of $100. Felony possession can have more serious penalties than simple or misdemeanor possession. For a first felony possession offense, you can face up to five years in jail, as well as a fine of up to $2,000.

Other Marijuana Charges in Michigan

The unauthorized possession of ½ ounce or more is a misdemeanor, except certain repeat offenders may be subject to felony penalties. The charges and penalties elevate a further step when possession of over 5 pounds but less than 50 pounds of marijuana is the charge. Penalties in this case may include conviction on a third-degree felony, maximum fine of $10,000, and state prison time ranging between two and 10 years. First-time marijuana offenders in Texas charged with simple possession may face conviction in a Class B misdemeanor charge, a maximum fine of $2,000, and a maximum 180 days in jail. It is also illegal for anyone at any age to bring marijuana onto school grounds. The punishment is a Class 2 misdemeanor, which could result in up to six months of jailtime and up to a $1,000 fine, not to mention the burdensome consequences of a criminal record.

The person may also lawfully possess up to ten ounces of marijuana in their primary residence. It is important to note that while possession of small amounts of marijuana in public has been legalized, https://rehabliving.net/ it is still illegal to use it (i.e. smoke, vape, etc.) in public. Laws governing possession of marijuana by minors are heavily influenced by the amount of marijuana found by law enforcement.

If you drive a commercial motor vehicle like a truck, bus, trailer or taxi, keeping marijuana anywhere inside is punishable by a $25 fine. Fill out the form below and our office will contact you for your review. All marijuana must be kept in a trunk or locked glove compartment when driving. Wherever tobacco smoking is prohibited, it is against the law to puff on a marijuana joint.

Under Michigan Recreational Marijuana Law people age 21 and above can possess up to 10 ounces of marijuana in their homes and can possess up to 2.5 ounces while traveling. Adults eco sober house cost in Michigan may grow up to 12 marijuana plants so long as they are not visible to the public. Marijuana possession and use has been legal in Michigan since December 2018.

However, where more than one person has access to or is near the contraband, knowledge and control must be established by independent proof. The defendant’s knowledge that the controlled substance was within the defendant’s presence. We frequently hear people use the terms “murder” and “homicide” interchangeably. But the two words actually have important differences in meaning. Homicide is a legal term that refers to any killing of one person by another .

  • If a minor under the age of 18 sells or transport marijuana without a license, it is also an infraction, requiring community service, drug education and counseling.
  • You can be charged with a crime if you have or use marijuana or marijuana accessories on public or private school property.
  • In these instances, minors will be subject to the same penalties as adult offenders.

Violating probation can mean going back to court to face additional sanctions. An underage person who is 18, 19, or 20 will likely face low-level criminal charges or civil penalties. Minors under the age of 18 might face civil penalties , an infraction , or delinquency penalties . You’ll need to consult your state law as these laws are constantly changing. Marijuana, like alcohol, is only legal if you’re at least 21-years-old. If a police officer finds you with 2.5 ounces or less, or 12 plants or less, when you’re between 18 and 20 years old, you’ll face a civil infraction.

Related Offenses

Your teen is entitled to legal representation and absolutely should have a lawyer by their side to prevent harsh, unnecessary penalties. If you automatically pay the fine, that’s the same as pleading guilty. The judge makes all the decisions in juvenile criminal cases. The “delinquent” juvenile is one who has committed a crime, including traffic citations. The “undisciplined” juvenile is one who frequently misses school, runs away from home, has been caught in places they shouldn’t be (i.e., bars), and is not within the discipline of parents, custodians or guardians. However, you may find relief from seeking an expungement of your recorded convictions.

We also provide defense for those who have been criminally charged with marijuana possession in New Jersey. Judges have a huge amount of discretion and can turn your simple marijuana case into something much worse. The law distinguishes between possession and use, even though they’re just one step away from each other. It is also illegal to offer marijuana to someone else, whether they accept it or not. Giving marijuana to a minor in any situation has criminal consequences. The only thing that is legal is having less than one ounce with you, but it has to stay in your pocket or bag.

While the new regulations putting this law into effect are still being enacted, this law has not made it a free-for-all when it comes to marijuana use in California. As the title of the law notes, the legalization of the recreational use of marijuana only applies to adults. Only people aged 21 or older can legally possession marijuana or concentrated cannabis under Prop 64.

What is the Penalty for a conviction for Possession of Less than 1 Ounce of Marijuana?

Juvenile courts focus more on rehabilitating young people than punishing them. Because of this, a judge can order a wider range of options in its disposition order. For purposes of this article, we’ll consider a juvenile or minor as anyone under the age of 18.

For instance, harsher penalties might apply for repeat drug offenses or offenses committed in school or park zones. While juveniles often face drug charges for possession of street drugs, like cocaine, heroin, or meth, it’s also a crime to possess prescription drugs without a prescription. For example, it’s considered illegal drug possession for an adult or minor to possess OxyContin pills without a valid prescription. Juveniles who have a valid prescription from a physician and take the drugs as prescribed are not committing an offense.

  • Students caught with marijuana at school may have to take drug counseling, be kicked off sports teams, or be suspended, expelled or charged with breaking the law.
  • Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed.
  • Possession of more than 28.5 grams is a misdemeanor punishable by up to 6 months imprisonment and/or a fine up to $500.
  • An underage person who is 18, 19, or 20 will likely face low-level criminal charges or civil penalties.

If you’re under 21 years old and were allegedly in possession of marijuana, you’ll face a civil citation. It’s lower than a misdemeanor, but that doesn’t mean it’s without consequences. Minor drug possession charges are typically classified in the same fashion as those for adults yet are prosecuted and penalized differently. When children and teenagers commit crimes, they are often unaware of the consequences of their actions. If charged with a crime in Minnesota, juveniles are not entitled to a jury trial or bail release. Extended Juvenile Jurisdiction is a Minnesota program that focuses on helping juveniles who commit serious crimes to return to a law-abiding lifestyle.

Poll: Most Americans Support Forgiveness for Past Marijuana Crimes, Oppose Cannabis’ Schedule I Status

Thus, even where drugs are found in plain view, the evidence will be insufficient to establish constructive possession unless there is evidence that the defendant actually exercised dominion and control over the drugs. Specified acts involving drug paraphernalia and marijuana are infractions or misdemeanors, depending on the amount of marijuana involved. Certain fraudulent acts related to the medical marijuana program are also misdemeanors. I investigate all the facts, the so-called witnesses and even the police officers. Cases can be won or lost before you even set foot inside the courtroom. The law states that if a person fails to take part in a community initiative, they won’t face any criminal consequences.

This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.© 2022 All Rights Reserved. That’s why it’s important to know the law before you head to a party or throw one of your own. Marijuana is a Schedule I hallucinogenic substance under the California Uniform Controlled Substances Act. The amendment to Chapter 893 means that, even though a defendant may not have known of the nature of the substance, the burden rests with the defendant to prove this lack of knowledge.

what happens if you get caught with weed under 18

Students caught with marijuana at school may have to take drug counseling, be kicked off sports teams, or be suspended, expelled or charged with breaking the law. Minors who complete a drug treatment program successfully and are let off of probation may be eligible to have their criminal charge and conviction expunged from their legal record. Legal sales of recreational marijuana will not begin until January 1, 2024. Starting then, only adults over the age of 21 will be able to legally purchase and use recreational marijuana. Massachusetts has some of the country’s most liberal marijuana laws that apply to everyone. If you’re under the age of 18, don’t make the mistake of assuming you won’t be arrested or charged with a crime.

A second offense can result in up to ten years in prison, and a fine of up to $5,000. A judge might also consider requiring the juvenile to attend drug awareness classes, speak to other kids about the dangers of drugs, or perform community service hours at a rehab or homeless center. If the minor quit or isn’t attending school, the judge may order the kid eco sober house price go back to school and get a diploma. These types of orders demonstrate the type of rehabilitative or parental roles that juvenile courts can play. Don’t accept your fate; if an officer tickets you for marijuana possession while under 21 years old, call a Detroit marijuana lawyer for help. This is something you want to fight and keep off your record.

In these instances, minors will be subject to the same penalties as adult offenders. The severity of penalties that a minor prosecuted as an adult faces is similarly determined by the amount of the substance in their possession, their relevant criminal history and the nature of their possession. Using a minor in the unlawful sale or transport of marijuana is a Felony punishable by 3-7 years imprisonment. Under Prop 64, marijuana possession is treated like alcohol possession for minors.

However, you may be eligible for informal diversion and formal diversions that can save you from suffering the more serious penalties. Since the beginning of 2020, Illinois law has allowed possession of small amounts of marijuana, such as up to an ounce of flower and up to five grams of concentrated cannabis (i.e., hashish and tincture). While growing your own marijuana for recreational use is still illegal, adults can go to their local cannabis shop to buy their supply. If caught using or giving marijuana to another person in public, you will face a range of penalties.

Delivery or attempted delivery of any amount of marijuana by an individual aged 18 years or older to an individual who is under the age of 14 is a felony punishable by 3-7 years imprisonment. Sale or attempted sale of any amount of marijuana by an individual aged 18 years or older to an individual under 18 years of age is a felony punishable by 3-7 years imprisonment. Cannabis possession is a highly defendable criminal charge, both on legal and factual grounds. However, to establish “joint possession,” knowledge of the presence of the substance and the defendant’s ability to exercise dominion and control over the substance must be established by independent proof.

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