What is Possession of Marijuana?
What is possession of marijuana seems straightforward, but like all things in the law, it can be defined differently based on the circumstances. Here we will discuss what is possession of marijuana in the aspects of what constitutes actual possession, linkage, and usable amounts. Sounds confusing, we hope the following is clear enough to clear it up.
Actual possession is sometimes hard to define. Does that mean you have it in hand when the cops arrive? Not necessarily. You can have it in your pocket, on your key ring, or in your shoe. But then, the question becomes what if it is in the car, the glove box, a drawer in the house, or somewhere not necessarily near you? Then we have issues as to whether you actually possessed it. If you do not directly have possession we can start thinking about suppression and whether we have the ability to get evidence thrown out. This is on a case by case basis and not necessarily the answer for everyone.
If there is no direct possession of the marijuana then we need to start talking about linkage. What is linkage? It is a term that is rather ambiguous. It needs to be said from the on set, that linkage is determined by factors sufficient to demonstrate if a defendant is linked to an item. Generally this is a consideration to discuss with the district attorney in arguing for the dismissal of a case. For instance, would you consider marijuana found hidden in a gas cap of a car to be possession of marijuana? Where did the weed come from? Can we reasonably say that this belongs to the defendant? These are the types of considerations to make when questioning linkage.
What is a usable amount is another consideration in the definition of what is possession of marijuana. Usable amount is the question of whether there was enough marijuana to use? This question is perhaps the most ambiguous question in discussing this type of crime. This really depends on the judge or jury, whomever is hearing the case. There are arguments to be made, but it all depends if they believe the amount is usable. There is no statutory or case made amount that is usable. It all depends on the situation and how it is assessed by the judge or jury.
If you are in trouble for a possession of marijuana, asking what is possession of marijuana, and feel that you need help, contact us here and we will be there. We charge a $500 flat fee for representing clients on a misdemeanor in Bexar County. Call today for your free consultation.