Have you been arrested or charged with a marijuana-related drug offense in Lexington, KY? The state of Kentucky has strict laws about marijuana.
Violations are subject to harsh penalties – including the possibility of jail time. It’s important to defend yourself aggressively.
The first step in asserting a defense involves getting an experienced Lexington marijuana crimes lawyers on your side.
Give Suhre & Associates, LLC a call to speak with a qualified attorney with extensive experience representing clients facing drug crimes. We can arrange an initial consultation at no charge to discuss your case and talk about what we can do for you.
How Suhre & Associates, LLC Can Make a Difference if You are Charged with a Marijuana Crime
For charges related to marijuana, you need to hire an attorney who knows, understands, and has experience defending criminal drug cases in Kentucky.
You are innocent – unless the prosecution can prove otherwise.
At Suhre & Associates, LLC, our experienced criminal defense attorneys in Lexington will work diligently to show that the prosecution has not proven its case.
Call us immediately so we can get all the necessary information regarding specifics in your case.
We will examine all the evidence in your case including testimony, police involvement, and the amount of marijuana seized.
We will build a solid defense and fight to help you get the charges dropped. If we are unable to do so, we will negotiate aggressively with the prosecution to get your charges lessened and penalties reduced.
With Suhre & Associates, LLC, in your corner, you can have peace of mind that we will do everything in our power to defend you.
Give our criminal defense attorneys in Lexington, KY a call to talk about your case. Anything we discuss is protected by attorney-client privilege and will be kept strictly confidential.
What are Marijuana Crimes?
Marijuana is the most commonly used illegal drug in Kentucky and throughout the nation. It has even proven to be beneficial for many people. In fact, it’s regularly used to treat glaucoma, chronic pain, nausea, and anorexia. Despite that, there is still a great deal of controversy around its use – especially in the state of Kentucky.
Many states around the nation have legalized or decriminalized marijuana. Kentucky marijuana laws still criminalize all marijuana possession, distribution, and cultivation.
Between 2001 to 2010, 8.2 million people were arrested nationwide for marijuana-related charges. 88% of these arrests were for simple possession.
Marijuana charges can carry harsh penalties, including fines and lengthy prison sentences.
There are several crimes that one can be charged with pertaining to marijuana. Oftentimes, the prosecution will push to convict more than one of the following:
- Possession: Possessing any amount of marijuana is illegal in Kentucky.
- Paraphernalia: Any item related to making, using, or distributing drugs. This can include cigars, rolling papers, bongs, hookahs, and numerous other articles.
- Trafficking: Possessing with the intent to sell or the actual act of selling large amounts of marijuana.
- Cultivation: Growing any marijuana plants is illegal in Kentucky.
- Driving Under the Influence: Driving under the influence of marijuana is a crime.
We understand the fear and confusion an individual experiences when facing any drug charge. Being charged with a drug crime can seem particularly unfair when related to marijuana.
According to a poll from 2019, nine out of ten Kentuckians support the legalization of medical marijuana.
The same year nearly sixty percent of Kentuckians supported the legalization of marijuana for any circumstances.
Penalties For Marijuana Crimes
Several factors affect the penalties a defendant may face for marijuana-related crimes, including the amount of the substance, and the specific crime for which the defendant is convicted. If the crime is committed near children, on school property, or daycare facilities, there is a greater likelihood harsher penalties can occur.
Possession of Marijuana or Paraphernalia
If you are found in possession of marijuana, or any item used to smoke it, including pipes or bongs, you can face charges. If the amount found in your possession is less than eight ounces of marijuana, you will face a fine of $250 and 45 days in jail.
If this is your first offense, and you hire an experienced, qualified attorney, we can seek to have these charges dropped in court.
Possession of marijuana in this amount is a Class B misdemeanor.
Possession of drug paraphernalia is a Class A misdemeanor with penalties of fines up to $1000 and one year behind bars.
Even on just your second offense, for less than eight ounces, you could face one to five years in prison and be labeled as a convicted felon.
If caught trafficking more than five pounds of marijuana, the penalties you face could include 5-10 years imprisonment and a fine of up to $10,000.
Cultivation of Marijuana
If you are charged with the cultivation of marijuana, the number of plants and number of offenses will determine the penalties you will likely be facing.
Five or fewer plants on the first offense is a Class A misdemeanor. Each subsequent offense is a Class D felony, which carries 1-5 years in prison, and a fine of $1000 to $10,000.
If you are charged with the cultivation of more than five plants, you will automatically face a Class D felony, and any subsequent offenses will be classified as a Class C felony. Class C felony charges are punishable by 5-10 years in prison with fines ranging from $1000 to $10,000.
Driving Under the Influence (DUI)
Many people fail to consider they could be charged with a DUI for driving under the influence of marijuana. DUIs are serious charges with penalties including the loss of your driver’s license, fines, and jail time. For even your first offense you could face the loss of your license for up to 120 days.
Additionally, if an individual has a firearm in their possession when a marijuana-related crime is committed, the criminal penalties will be charged up to one class higher in severity.
Being labeled a convicted felon in the state of Kentucky could ruin future housing, employment, and assistance opportunities. Kentucky has some of the harshest repercussions for convicted felons – including the loss of the rights to vote and own a firearm.
Collateral Consequences of a DUI Conviction
In addition to facing criminal penalties for a marijuana crime conviction, you will also have a mark on your permanent criminal record. That means that you’ll be subject to collateral consequences, too. These are civil ramifications that exist as a result of your record. They can last for years to come, long after you’ve satisfied the terms of your court-imposed sentence.
Being convicted of a drug crime could:
- Ruin your current and future employment opportunities
- Prohibit you from receiving government assistance, and
- Damage your reputation.
Limit the likelihood of these and other consequences. Call our Lexington drug crime lawyers for help with your defense immediately after an arrest.
Defenses For Marijuana Crimes
There are a number of strategic routes we can take in building your defense, based on the circumstances and charges surrounding your case.
First and foremost, it is important to note that you should not speak to anyone, aside from your attorney, regarding the details of your case.
You have the right to remain silent, even when questioned by law enforcement officers—be sure you exercise this right.
Violations of Constitutional Rights
One of the best lines of defense involves us thoroughly investigating the legality of police conduct during your arrest. Many times, in charges of trafficking or possession, we find that law enforcement may not have had a right to conduct a search. Without a legitimate excuse to search, such as viewing the drugs in plain sight, law enforcement cannot search an individual’s residence or vehicle if they have not first obtained a warrant. Evidence discovered during illegal police procedures can be thrown out in court.
Lack of Required Intent
If insufficient evidence exists in the prosecution’s case, a conviction will be difficult. For example, in order to convict on allegations of drug trafficking, the prosecution would need to prove that the defendant not only possessed but had an intent to sell marijuana. It could have been cultivated for personal use. If they cannot prove there was intent to distribute, the charges may not succeed in a court of law.
If another individual was involved in your marijuana crime, our defense attorneys could argue that you acted only out of fear for your safety or your family.
You can rest assured that we will consider every possible angle of defense in determining the most effective approach to get the best outcome in your case.
Contact a Lexington Marijuana Crimes Lawyer Today
We strive to provide you with the best legal defense in Kentucky. Our goal is to fight for you and have your charges dropped or lessened. No case is too large or too complicated for an experienced Lexington marijuana crimes lawyer.
All law firms are not created equal. You need a law firm and attorney who understands the Kentucky criminal justice system and will be aggressive in fighting on your behalf. The Lexington criminal defense attorneys at Suhre & Associates, LLC, know how to help you resolve this situation and get your life back on track.
Give us a call today to speak with our legal team. There’s no charge for your initial consultation. Let us put our experience and record of success to work for you.