I have been charged with Possession of Marijuana (or Possession of Drug Paraphernalia); what can I expect? I have no prior criminal history or limited criminal history.

First, Possession of Marijuana (POM) is a simple misdemeanor if the allegedly possessed amount is less than 40 grams. POM at this level is punishable by up to 90 days in jail and a $1000 fine. However, at this level, there is a mandatory day in jail and a $250 fine if convicted. If you have a prior drug conviction, the mandatory day in jail remains (and could be higher), but the minimum fine is $500. In addition, you would likely be charged additional “court costs” by the court imposing the sentence.
Conviction of a charge like this also carries with it some additional penalties, such as possible drug treatment/classes ordered by the court, denial of federal student loans, and inability to obtain certain jobs.
If you have a clean criminal history, or a limited history, a good attorney who has a good reputation with the prosecutor may be able to resolve your case short of any sort of conviction, oftentimes being able to achieve a dismissal.

Back to Frequently Asked Questions