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  1. #1
    Join Date
    Aug 2011
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    2

    Question Possession Charge for Under a Gram of Marijuana

    Last night, i got searched and the police found under a gram of weed in my purse. this is in the state of mississippi. it wasn't mine, but i know that doesn't matter. it was still in my possession. i know people who have been caught with under a gram and did not get charged. e police just confistcated the wethed and let them go. i am seventeen so i am sill a minor. i have court in a few weeks. but i just do not think it is legal. but they put on the report that it was "more than a gram less than an ounce." but i know for a FACT that it was way less than a gram. are there any websites where i could read the laws about possession of marijuana?? because this city police are known to be crooked. so my main question is: Is it legal for me to get a possession charge if it was under a gram? and a few websites would be helpful. thanks

  2. #2
    Join Date
    May 2011
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    Illinois
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    Default Re: I Got a Possession Charge for Under a Gram of Marijuana. is This Legal

    Marijuana is not legal there. A blunt is illegal, a roach is illegal. Don't guage your situation by whaat happened to others. Consult a lawyer and go from there. The arrest was legal.

  3. #3
    Join Date
    Sep 2005
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    California
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    15,193

    Default Re: I Got a Possession Charge for Under a Gram of Marijuana. is This Legal

    How do you know "for a fact" that it was under a gram?

    Do you know how little a gram actually is? There are 28.5 grams in an ounce, and a gram is actually a very small amount of weed.

    You can hire an attorney who can challenge the weight if you wish. However, if the statute requires only a usable amount and does not specify a weight, then you could still be charged.

    What statute have you been charged with violating?
    A Nor Cal Cop Sergeant

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    End of Watch: Deputy Danny Oliver

    End of Watch: Detective Michael Davis, Jr.

  4. #4
    Join Date
    Jan 2008
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    Toledo, OH
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    Default Re: I Got a Possession Charge for Under a Gram of Marijuana. is This Legal

    Is it legal for me to get a possession charge if it was under a gram?
    Of course it's legal for you to catch a possession charge for being in possession of an illegal substance, no matter how small the amount. You can catch a possession charge for RESIDUE, for cryin' out loud. Where ever did you get the idea that a tiny amount made a charge illegal?

    As it happens, possession of up to 30 grams in Mississippi is a misdemeanor offense, carrying no jail time and a fine of up to $250. It's treated like a traffic ticket.
    I'm not a lawyer, but I play a researcher on the internet!
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  5. #5
    Join Date
    Aug 2011
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    2

    Default Re: I Got a Possession Charge for Under a Gram of Marijuana. is This Legal

    i know it was under a gram because i have been around weed before. and maybe for a possession charge, you only have to have above a certain amount. like drinking under the influence. you can only get arrested if it's over a certain limit.

  6. #6
    Join Date
    Sep 2005
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    California
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    Default Re: I Got a Possession Charge for Under a Gram of Marijuana. is This Legal

    Quote Quoting rexiechick7
    View Post
    i know it was under a gram because i have been around weed before. and maybe for a possession charge, you only have to have above a certain amount. like drinking under the influence. you can only get arrested if it's over a certain limit.
    Well, what I found in MS statutes 41-29-101 through 41-29-139 was that it appears to be a misdemeanor to possess less than 30 grams ... note that the law does not appear to state that you must possess more than a gram, just under 30g.

    41-29-139:

    [indent] (2) Marihuana or synthetic cannabinoids in the following amounts shall be charged and sentenced as follows:

    (A) Thirty (30) grams or less by a fine of not less than One Hundred Dollars ($ 100.00) nor more than Two Hundred Fifty Dollars ($ 250.00). The provisions of this paragraph shall be enforceable by summons, provided the offender provides proof of identity satisfactory to the arresting officer and gives written promise to appear in court satisfactory to the arresting officer, as directed by the summons. A second conviction under this section within two (2) years shall be punished by a fine of Two Hundred Fifty Dollars ($ 250.00) and not less than five (5) days nor more than sixty (60) days in the county jail and mandatory participation in a drug education program, approved by the Division of Alcohol and Drug Abuse of the State Department of Mental Health, unless the court enters a written finding that such drug education program is inappropriate. A third or subsequent conviction under this section within two (2) years is a misdemeanor punishable by a fine of not less than Two Hundred Fifty Dollars ($ 250.00) nor more than Five Hundred Dollars ($ 500.00) and confinement for not less than five (5) days nor more than six (6) months in the county jail. Upon a first or second conviction under this section, the courts shall forward a report of such conviction to the Mississippi Bureau of Narcotics which shall make and maintain a private, nonpublic record for a period not to exceed two (2) years from the date of conviction. The private, nonpublic record shall be solely for the use of the courts in determining the penalties which attach upon conviction under this section and shall not constitute a criminal record for the purpose of private or administrative inquiry and the record of each conviction shall be expunged at the end of the period of two (2) years following the date of such conviction;
    9/indent]
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    End of Watch: Deputy Danny Oliver

    End of Watch: Detective Michael Davis, Jr.

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