If you are a recreational marijuana user, then you probably already know that cannabis is only legal for recreational use in a handful of states, like Colorado and California. This means that you may be looking at a possession charge if you openly use marijuana in another state. In some states, this is a very serious matter. In other states, it may not be a huge legal issue for you. Keep reading if you want to learn about some of the factors that may influence the seriousness of the charge.

The Amount

It only makes sense that you will be charged with a more serious crime if you have more marijuana on you when you are arrested. However, the amount or weight of the drug can mean the difference between a misdemeanor and a felony. This depends on the state where you were charged with the crime. For example, in Florida, anything more than .7 ounces will lead to a felony charge, and this is also true if you have over .5 ounces in Tennessee.

Some states, you will be charged with a felony no matter the amount of the marijuana. This is the case for Arizona and Oklahoma. However, in Delaware, you can have as much as 173 ounces before being charged with a felony. 

Keep in mind, that while some states will not charge you with a felony if you have 100 ounces of marijuana or more, others will charge you with possession with intent to sell if you carry large amounts of cannabis. This usually only happens in situations where you are carrying several pounds of the drug at one time. In some states, you can carry up to 10 pounds before intent to sell is an issue. If you are crossing states lines though, then trafficking charges may be an issue. 

Extenuating Circumstances

The amount of the marijuana is not the only factor that can lead to a serious legal issue. Extenuating circumstances are also taken into account. For example, If you were committing another crime at the time of the possession, then it may be considered a felony drug charge. Also, if you were driving at the time, then you may be charged with a felony driving under the influence of drugs. 

Selling to minors, possessing drugs in a school zone, keeping marijuana plants, and the possession of paraphernalia at the time can be problematic for you.

Serious possession charges can mean jail time, so make sure to speak with a drug crime lawyer if you are facing a marijuana possession charge.