What are a minors legal options if they have been charged with illegal possession of marijuana?

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What are a minors legal options if they have been charged with illegal possession of marijuana?

Asked on June 28, 2011 under Criminal Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The first thing that you need to do is to make sure that the child has an attorney.  Although California has one of the most lax laws regarding marijuana - remember that they have legalized pot for medicinal purposes where other states have refused - it is still a misdemeanor.  Now, it is also true that as a minor his or her record will be sealed when he or she turns to majority (and I would make sure that a background check run at majority is done), you would still prefer that there is no record of the offense ever rather than worrying that it will pop up.  An attorney will be able to try and plead to a lesser offense and maybe even set up a plan for a conditional dismissal as long as the child fulfills a plan of action: community service, drug counseling, etc.  Good luck.


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