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Controlled Substance Act
Marijuana is illegal. It is considered a controlled substance and it is a serious offense even if you are charged only with possession or use of marijuana. For instance, in the case of possession, it does not matter how much marijuana you have at the time of your arrest. In Michigan if convicted of possession or use of marijuana, you lose your driving privileges for six (6) months on a first offense, and second and subsequent offenses enhance that penalty. The Law Offices of Gerald R. Stahl handle the defense of possession and use of marijuana in courts throughout Western Michigan.
There are numerous felonies that are associated with growing, selling, or possession of marijuana with the intent to deliver. There are also enhanced penalties for larger quantities.
Some of the major issues with a marijuana charge involve search and seizure. The question here is whether or not there was a search with a valid warrant, or whether or not the police had probable cause to search at the time of the discovery of the controlled substance. Issues such as search and seizure require the skills of a lawyer who can argue Michigan and Supreme Court case law as well as other factors
Drug profiling is the practice by certain police agencies or FBI wherein they use certain personal characteristics and traits to identify people who are more likely to possess controlled substances. For instance, a young male in his early 20's with long hair, earrings and baggy pants is more likely to be searched at a border, than a retired insurance salesperson in a suit who is well groomed. In another example, lets say a group of teenagers is pulled over for speeding on their way to a rock concert. The police officer stops and notices four young people in a car smoking cigarettes and asks where they are going. The four individuals then indicate that they are going to a rock concert. At that point, the police officer is more likely to ask for consent to search than if he stopped a little old lady for speeding on her way to Bingo.
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