Possession of Marijuana, the offense, licensing sanctions, and student aid

The offense of possession of marijuana

The statute says: A person shall not knowingly or intentionally possess a controlled substance, a controlled substance analogue, or a prescription form unless the controlled substance, controlled substance analogue, or prescription form was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of the practitioner’s professional practice, or except as otherwise authorized by this article.

A person who is found guilty of possession of marihuana is punishable by imprisonment for not more than 1 year or a fine of not more than $2,000.00, or both.

Licensing sanctions for possession of Marijuana

1st offense of possession of marijuana: Suspend 6 months-restrict after 30 days

2nd offense of possession of marijuana: Suspend 1 year – restrict after 60 days

No hardship appeal to the circuit court is available for possession of marijuana

Possession of Marijuana and Federal Student Loans

Title IV funds: 20 U.S.C. § 1091(r)(1) suspends eligibility for any grant, loan, or work assistance for students convicted while receiving student aid of any offense under any Federal or State law involving the possession or sale of a controlled substance. Federal law also denies the Hope tax credit to students and their families if the student has a prior felony drug conviction.

1st offense of possession of marijuana: 1 year ineligibility of federal student loans

2nd offense of possession of marijuana: 2 year ineligibility of federal student loans

3rd offense of possession of marijuana: indefinite ineligibility of federal student loans

Possession of marijuana defense

The offense of possession of marijuana is not always easy for the prosecutor to prove. First the prosecutor must actually prove that you possessed the marijuana. Second, that the substance is in fact marijuana. Third, that you knew it was marijuana in your possession. Fourth, that you were not legally allowed to possess the marijuana.

If you have been charged with possession of marijuana contact Aaron J. Boria 248-956-0350.