If I am being charged with possession of marijuana, will my subsequently being issuedmedical authorization for marijuana help me?

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If I am being charged with possession of marijuana, will my subsequently being issuedmedical authorization for marijuana help me?

A couple of months ago I will pulled over and had some marijuana taken away. I have now been summoned to court and I just received a medical authorization to possess marijuana. Will this help me in my case?

Asked on September 13, 2010 under Criminal Law, Washington

Answers:

M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The general rule is that you may be prosecuted since at the time you were arrested you were in violation of the law.  Imagine that you get arrested for possessing a handgun without a permit, and then several months later you get a permit for the gun.  That does not make the earlier possession any more legal, does it?  On the other hand, the fact that you were able to get a medical authorization may speak to your motivation for possession and may create some sympathy for you with the prosecutor.  Therefore, a criminal defense attorney may very well be able to use this fact in order to obtain a more favorable resolution for you.  I suggest that you consult with a criminal defense attorney at your earliest convenience to determine how best to take advanatge of this fact.  Good luck.


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