Marijuana

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 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 a decade of experience, and in that time I have devoted my practice to defending criminal cases in Washington, including state and federal charges for possession, possession with intent to distribute, growing, and delivering marijuana.

While the federal government does not recognize medical marijuana laws, federal agents will not typically prosecute a 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 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 can double. You also face mandatory drug fines of $1,000 for a first offense and $2,000 for a second offense.

Felony marijuana cases (those involving more than 40 grams of marijuana) 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 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 marijuana in Washington or Oregon, DON'T talk to police or anyone else until you have talked with me, Spokane criminal defense attorney Christian Phelps.