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How can you dismiss drug charges based on marijuana possession?


Being accused of a crime an individual believes that he or she did not commit can be a difficult predicament to be in, especially when state law permits his or her actions. However, facing allegations of a drug crime does not mean that the accused must endure the penalties of the crimes the defendant has been charged with. In fact, it means that the defendant could use state laws and regulations to make a defense to dismiss the charges they face.

How can you dismiss drug charges based on marijuana possession? In the state of New York, if an individual is legally authorized to use marijuana for medicinal use, he or she could use that as a defense. According to Bill no: A06357E, which is also known as the Compassionate Care Act, marijuana is permitted for medical uses and legalizes the possession, manufacture, transportation, delivery, use or administration of medical marijuana for medical use.

This bill applies to those that are designated caregivers that are legally authorized to prescribe the drug for medical use. It also applies to individuals who are patients that have been prescribed medical marijuana by a legally authorized caregiver.

If after a legal or authorized search results in a patient facing a drug possession charge, he or she could use the Compassionate Care Act in their defense against the charges. If the patient has complied with the regulation, he or she could seek the dismissal of a drug charge.

Using state regulations authorizing the use of medical marijuana for patients legally prescribed for it might be able to use that as a defense; however, it is important to consider all defense options available in their situation. This will ensure that the rights and interests of the accused are protected and a strong defense is executed.

Source: Assembly.state.ny.us, "BILL NO: A06357E," accessed Jan. 4, 2016

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