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What are the Consequences of a Marijuana Conviction?

Felicia Dye
Felicia Dye

Marijuana is a drug that is treated very differently from one jurisdiction to another. In one place a marijuana conviction may be an offense comparable to a traffic infraction. In another place, possession may be a major criminal offense. If a person is caught and convicted for a marijuana crime, there are several possible consequences, including incarceration, fines, and community service. Which of these a person will be subject to depends on several factors, such as the charges brought against him, the amount of marijuana involved in the crime, and his prior criminal record.

It is important to understand that the amount of drugs a person is caught with is a major determining factor in the consequences of a marijuana conviction. In many jurisdictions, there is a prescribed amount that when found may be treated as a misdemeanor. Amounts that exceed that limit generally cause the charges to increase to felonies.

Personal possession of marijuana is typically treated in a lenient manner.
Personal possession of marijuana is typically treated in a lenient manner.

The consequences of a marijuana conviction will also depend on the crime a person is charged with. Even in areas where marijuana is legal or decriminalized, there are some actions regarding the drug that can lead to serious charges, such as transporting the drug across state borders. Generally, personal possession is treated in the most lenient manner. In jurisdictions where marijuana has been decriminalized, such a charge could result in a warning, a fine, or community service. In jurisdictions where marijuana is still treated harshly, such a charge could result in incarceration.

Individuals with a possession charge may be sentenced to jail time.
Individuals with a possession charge may be sentenced to jail time.

If the marijuana conviction is for distribution, the consequences are likely to be more severe. Courts normally judge the act of soliciting drugs more harshly. In these instances, a person may be ordered to pay fines, which are likely to be higher than those ordered for a possession charge. If a person is caught with an amount that qualifies as a misdemeanor, he may be ordered to serve a short term of incarceration or he may be given probation. If a person is caught with a large amount and charged with distribution, he is likely to go to prison.

In the United States, some states allow cancer patients and other people with legitimate health problems to legally purchase and possess medical marijuana.
In the United States, some states allow cancer patients and other people with legitimate health problems to legally purchase and possess medical marijuana.

Another thing that will affect the consequences is whether or not a person has a prior conviction. If the person has a prior conviction for another marijuana possession charge, he may be ordered to enroll in a substance abuse program. If the prior conviction is for a distribution charge or another crime, the person may be sent to prison.

Discussion Comments

irontoenail

@Iluviaporos - I don't think they can do anything if all they find is traces. There could plausibly be traces of drugs anywhere and so your luggage could have picked it up anywhere.

As long as someone isn't stupid enough to try trafficking drugs they probably don't have anything to worry about in an airport.

lluviaporos

@bythewell - I think this underestimating happens a lot in airports. Even if you could get away with it inside a country, they usually have sniffer dogs and officers ready in airports to find the smallest amount of drugs in order to stop marijuana trafficking.

Even if you don't have anything on you at the time, you might still have some traces in your luggage or on your clothes and that could be enough for them to cause you trouble you don't need when traveling.

bythewell

This is something that you really have to be cautious about when traveling, as the laws vary so much from country to country. Don't ever take it for granted that a place is going to be lenient on marijuana possession, just because you've experienced that in the past, or because you were told so by friends.

If nothing else, some countries tend to be harder on foreigners caught with drugs than on locals, or you might not understand how to work within their system the way that locals do to get yourself out of trouble.

If you absolutely have to have marijuana while on vacation, go somewhere where it is completely legal, or at least decriminalized. Otherwise, I would avoid it completely.

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    • Personal possession of marijuana is typically treated in a lenient manner.
      By: Joshua Resnick
      Personal possession of marijuana is typically treated in a lenient manner.
    • Individuals with a possession charge may be sentenced to jail time.
      By: angelo.gi
      Individuals with a possession charge may be sentenced to jail time.
    • In the United States, some states allow cancer patients and other people with legitimate health problems to legally purchase and possess medical marijuana.
      By: janifest
      In the United States, some states allow cancer patients and other people with legitimate health problems to legally purchase and possess medical marijuana.