Can my son be prosecuted for sales of marijuana if he didn’t have it packaged?

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Can my son be prosecuted for sales of marijuana if he didn’t have it packaged?

I can prove that my son had the amount of money on him from his previous job. I also have his check stubs from his previos job. My son had 9 grams of marijuana in his possession for recreational use only. The judge raised his bail to $50.000 and this is his first offense as an adult,but he is still on probation from being a juvenile offender. How can I help my son fight his case?

Asked on May 2, 2012 under Criminal Law, California

Answers:

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 9 years ago | Contributor

Typically, possession of marijuana without a license or doctor authorization is a criminal offense in most states. Depending on the amount of marijuana, the prosecutors can charge your son with possession with an intent to distribute (sell) marijuana as well, which is a felony in most states. I would first speak with a criminal defense attorney for your son due to the current charges he faces as well as a potential probation violation due to the new charges. Recreational use is still criminal if the person is not authorized to possess the marijuana.


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