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Thursday, August 9, 2012

Will Passing a Drug Test Help Me Get Out of a Marijuana Possession Charge?

The answer depends on what section of Penal Law 221 you are charged with. Since marijuana possession does not require that you ingest it to be found guilty of possessing it, a clean drug test is not a defense to possession. In most instances, I doubt that a judge would allow it into evidence as being relevant to whether you possessed marijuana.  The one exception may be if you are charged with PL 221.10 (1) under the theory that it was burning and if the offer testifies that he observed you smoking a lit marijuana cigarette.  If those are the facts in your case, then you may be able to introduce a negative drug test if it was taken within a short time of the alleged ingestion.  There is a move to decriminalize additional marijuana crimes under this section of the Penal Code and your attorney should be able to take advantage of that to dismiss your charges.  If this is your first offense, you are eligible for an ACD (Adjournment in Contemplation of Dismissal) pursuant to CPL 170.56 which would dismiss and seal the charge after one year if certain conditions are met  A judge may even grant your lawyer's application for this ACD over the DA's objection.  Speak to an experienced criminal defense attorney in your county and I expect you will get a positive result.

Legal disclaimer: All answers are for information purposes only. Answering this question or any future questions does not form any attorney-client relationship. Be mindful, that answers are limited by the limited facts presented by the questioner and are not meant to take the place of competent legal advice by an attorney fully informed of all the facts surrounding your case. However, be aware that nothing posted in a public forum such as this can be deemed confidential or privileged communication. For a privileged private consultation, contact me at 212-385-8600 or via my website


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