Is possession of marijuana while driving considered as an infraction or a misdemeanour? 46 Answers as of July 17, 2013

This possession of marijuana while driving says that the crime is treated as an infraction. However, my ticket says misdemeanour. I am 19.

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William L. Welch, III Attorney | William L. Welch, III
That would be Misdemeanor.
Answer Applies to: Maryland
Replied: 8/30/2012
Anderson Law Office
Anderson Law Office | Scott L. Anderson
In MN it is both. If convicted you will lose your license and could be subjected to jail time. Seek representation.
Answer Applies to: Minnesota
Replied: 8/30/2012
James M. Osak, P.C.
James M. Osak, P.C. | James M. Osak
Read the ticket again. What does it say.
Answer Applies to: Michigan
Replied: 8/29/2012
Larry K. Dunn & Associates | Larry K. Dunn
In Nevada there are no infractions for moving violations or possession of marijuana. All offenses are considered misdemeanors.
Answer Applies to: Nevada
Replied: 8/29/2012
Michael Breczinski
Michael Breczinski | Michael Breczinski
Possession of marijuana without a card as a caregiver or patient is a misdemeanor. IT IS A CRIME.
Answer Applies to: Michigan
Replied: 8/29/2012
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    This type of charge is a misdemeanor.
    Answer Applies to: Kansas
    Replied: 8/27/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    It's determined by the quantity. The charges actually filed by the prosecutor will determine how much "time" and other penalties could potentially be imposed. You'll learn the actual charge[s] and any enhancements filed and get copies of all the police reports and prosecutors' evidence when appearing for arraignment at the first court hearing. The prosecutors can amend at any time they believe they can prove additional or different charges. Sounds like the prosecutors chose to file as an infraction, despite what the officer desired.
    Answer Applies to: California
    Replied: 8/27/2012
    Law Office of Christopher G Humphrey PC | Christopher G Humphrey
    Both a criminal offense and an infraction against your license.
    Answer Applies to: Wyoming
    Replied: 8/27/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Can be both, at the prosecutor's discretion. Worse, if convicted you'll lose your license for 1 year. Contact an attorney, who may be able to get this relatively minor offense infracted or dismissed altogether.
    Answer Applies to: California
    Replied: 8/27/2012
    Law & Mediation Office of Jeffrey L. Pollock, Esq.
    Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
    It depends upon the quantity and whether any was found in your system.
    Answer Applies to: Pennsylvania
    Replied: 8/27/2012
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    I am unable to determine from your note if you were arrested for driving under the influence of marihuana, possession of marihuana or both. Any of these charges, or both, are misdemeanors and could net you one year, a piece in jail plus fines of not less than $600 on the DUI or $500 on the marihuana if in city court or up to $6,000 if in district court. In addition, your driving license would be suspended for DUI up to 90 days, for possession of marihuana up to 6 months.
    Answer Applies to: Alabama
    Replied: 8/27/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    Possession of marijuana is a misdemeanor. If you plead on a citation, with no arrest, then it is an infraction and not a criminal offense. However, if you received a citation to go to court, when you get to court you may be arrested and fingerprinted. Therefore, you probably need an attorney.
    Answer Applies to: Georgia
    Replied: 8/27/2012
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    Possession of marijuana in MA, under 1 oz, is a civil infraction. However, if they charged you with driving while under the influence of drugs, that is a far more serious charge and would be a misdemeanor. If it is a criminal charge, misdemeanor, you will have to go to court. If it is a civil violation, you can either just pay a fine or appeal it.
    Answer Applies to: Massachusetts
    Replied: 8/27/2012
    Law Office of Ronald G. Draper | Ronald G. Draper
    It's a class A misdemeanor. Get a lawyer.
    Answer Applies to: Illinois
    Replied: 8/27/2012
    Connell-Savela
    Connell-Savela | Jason Savela
    It's a petty offense unless it is more that 2 ounces
    Answer Applies to: Colorado
    Replied: 8/27/2012
    Mace J. Yampolsky, LTD
    Mace J. Yampolsky, LTD | Mace Yampolsky
    In Nevada it is a misdemeanor
    Answer Applies to: Nevada
    Replied: 8/27/2012
    MatthewR. Schutz, Esq | Matthew R. Schutz
    In NJ it is s moving violation
    Answer Applies to: New Jersey
    Replied: 8/27/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    You should retain my office or a criminal lawyer to handle the matter and get the best possible disposition under the circumstances. I do not know if you are being charged with Possession of Marijuana or DWI for driving while you were high on marijuana, but if it is a misdemeanor then you want to get the case dismissed or win the trial. If you get a criminal conviction it will hurt your chances of getting a decent job, getting into schools, getting public benefits, renting an apartment, and other things. You should never get into a car with drugs or after you have been drinking because the police pull over young men, or anyone that looks suspicious, especially late at night. They are looking for drugs, drinking, and any other violations or crimes. They make illegal searches and will know if you seem nervous that there is contraband in the car.
    Answer Applies to: New York
    Replied: 8/27/2012
    Fairlie & Lippy, P.C.
    Fairlie & Lippy, P.C. | Steven Fairlie
    Possession of marihuana is illegal regardless of where you are, in PA. If it is in your system wgile driving that can be DUI as well.
    Answer Applies to: Pennsylvania
    Replied: 8/27/2012
    Douglas M. Philpott, P.C. | Peter J. Philpott
    Misdemeanor.
    Answer Applies to: Michigan
    Replied: 8/27/2012
    Robert Valles and Associates P.C.
    Robert Valles and Associates P.C. | Robert Valles Jr.
    It is a misdemeanor
    Answer Applies to: Texas
    Replied: 8/27/2012
    Law Office of Andrew W. Kowalkowski PLLC | Andrew W. Kowalkowski
    In Michigan it is considered a misdemeanor.
    Answer Applies to: Michigan
    Replied: 8/27/2012
    Myles Hahn III Attorney at Law | Myles Hahn III
    It depends on how much you allegedly possessed. Assume that you can go to jail. Some counties, like Cook County, offer drug school. You attend a few classes. If you succeed, the charges are dropped. A good idea, rather than forever having to explain that you pled guilty to it to employers. If you feel you are in over your head, hire an attorney to represent you.
    Answer Applies to: Illinois
    Replied: 8/27/2012
    Pietryga Law Office | Russ Pietryga
    *Assuming *you have less than 1 ounce it is a class B misdemeanor. Listed below are the potential penalties. *Elements-* A defendant commits a *class B misdemeanor*, possession of marijuana, when they knowingly and intentionally possess or use a controlled substance analog or a controlled substance *and the amount of marijuana is less than 1 ounce*, unless it was obtained under a valid prescription or order, directly from a practitioner while acting in the course of the person?s professional practice. *Fine- *Class B misdemeanor: A fine not to exceed $1,000[1] , plus a 90% surcharge.[2] *Restitution- *The court may order a defendant convicted of this crime to pay restitution.[3] *Imprisonment- *Class B misdemeanor: A term in jail not to exceed 6 months. [4] *Driver License-*Utah's Driver License Division will immediately suspend for 6 months the license of a person upon receiving a record of a conviction for possession of marijuana.[5] *Seizure-Forfeiture-Property rights-*Possession of marijuana subjects the defendant seizure and forfeiture in accordance with the procedures and substantive protections of Utah Uniform Forfeiture Procedures Act.[6] This means that defendant's car, land, house, belongings, and money can be seized by the State of Utah.
    Answer Applies to: Utah
    Replied: 8/27/2012
    Law Office of William L Spern | William Spern
    Depends on the amount or the level on impairment whether you are charged under a local ordinance or state statute.
    Answer Applies to: Michigan
    Replied: 8/27/2012
    Darrell B. Reynolds, P.C. | Darrell B. Reynolds
    It is an misdemeanor infraction of the law.
    Answer Applies to: Georgia
    Replied: 8/27/2012
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