Spokane Marijuana Defense Lawyer
Washington’s medical marijuana law provides that possession of up to a 60-day supply of marijuana is not a crime as long as you have a valid prescription. However, medical use of marijuana is not necessarily a bar to prosecution. The federal government does not recognize state medical marijuana laws. In addition, many people who believe they are growing or manufacturing marijuana legally are arrested because they do not meet the stringent requirements of Washington's medical marijuana laws.
My name is Christian Phelps, and I am an experienced criminal defense lawyer in Spokane, Washington. I have over fourteen years of experience, and in that time I have devoted my practice to defending criminal cases in Washington, Oregon and Idaho, including state and federal charges for possession, possession with intent to deliver / distribute, manufacturing, and delivering marijuana.
While the federal government does not recognize medical marijuana laws, federal agents will not typically prosecute a manufacturing case involving less than 100 marijuana plants in federal court. However, Washington state will prosecute cases involving much smaller quantities of marijuana. The penalty for felony possession of marijuana is up to six months in state prison if you have no prior criminal history. If you have a prior criminal history the penalty is much more sever. You also face mandatory drug fines of $1,000 for a first offense and $2,000 for a second offense.
Felony marijuana cases may also have related civil forfeiture proceedings. The government can seize property that was purchased with funds from marijuana sales or was used in commission of any marijuana crime. If you grow or manufacture marijuana in your house, the government can even seize your home.
While marijuana charges may have serious consequences, an aggressive lawyer like me can challenge the government's case against you. The first thing I will look for are illegal search and seizure issues. If the police did not have probable cause to stop you or a valid reason to enter your home, the evidence against you can be suppressed. I can also attack the credibility of police officers and witnesses.
If you are a first-time offender, a drug diversion program may be available. While you will need to attend drug treatment, successful completion of a drug diversion program will enable you to avoid jail time and keep your record clear of a criminal conviction.
Contact us for your free consultation: if you have been charged with possession, delivering, or growing / manufacturing marijuana in Washington, Oregon, Idaho or any Federal Court, DON'T talk to police or anyone else until you have talked with me, Spokane criminal defense attorney Christian Phelps.