The question is often asked how much marijuana it takes to make an offense. Possession of marijuana is a class B misdemeanor if the amount is under two ounces. The question is whether there is a minimum amount necessary to file a charge for possession? The statute prohibiting the possession of marijuana states that any amount that is a usable amount under two ounces is an offense.
So what is a usable amount? That's not something that's defined, but the courts have interpreted that to mean that it's an amount that you can either roll into a cigarette or put in a pipe and smoke. Obviously that's still not very exact, because you can take almost any amount and do something with it. If there's a very small amount of marijuana, then there can be an argument made that it's not a usable amount. Generally that doesn't come up. But occasionally you will see police officers find what's called shake or just something that's kind of fallen out of a bag and try to charge somebody with possession of marijuana. In that case, you might have an argument that it's not a usable amount, but for the most part, you're probably going to lose - at least on legal grounds.
Most of the time the court is going to find that it's a usable amount Even though it may not get you very high, it's going get you a little bit buzzed. Remember, the question is could you have put it to use? And if the answer is yes, then you have possessed a usable amount and you have committed an offense.
It's often more important in these cases than others to get a lawyer to represent you. Sometimes, the prosecutor will agree to a reduced charge, such as attempted possession. Other times they may be agree to some type of pre-trial diversion. And there's always the option to go to trial. These days, there are going to be a lot of jurors who would agree it's a wast of time to prosecute someone for an amount so small you have to argue about whether it's usuable or note.
If you are in this situation, or know someone is, and think we can help, please contact us.
For additional information, you can access our Marijuana Youtube Playlist by clicking this link.