Building Defense Against Cannabis Charges

Protecting Your Future: Building a Strong Defense Against Cannabis Charges

Cannabis-related charges can carry serious, long-term consequences that impact employment, housing, and future opportunities, making strong legal representation essential. If you’ve been arrested for cannabis possession or sale, it’s critical to seek skilled, proactive legal counsel as soon as possible to protect your rights and build a strong defense.

At Bach Law, we are committed to safeguarding your rights and helping you navigate New York’s evolving cannabis laws. Attorney M. Daniel Bach draws on his extensive experience to develop strategic, effective defenses tailored to your unique situation. We will defend against your specific cannabis charges and build a winning case. Depending on your certain case, there are several ways in which a lawyer can mount a defense against a cannabis charge. Contact us today for a cannabis lawyer you can trust.

Get Cannabis Legal Support

When you reach out, we can provide you with legal support and help you build a defense against cannabis charges.

5 Possible Defenses Against Cannabis Charges

Here are a few general possible defenses in the realm of cannabis charges.

1) Illegal Search and Seizure

When law enforcement crosses the line, your rights must be protected. The Constitution guards you against unlawful searches and seizures, which means police must have a valid legal basis—such as a warrant or probable cause—to search your home, your vehicle, or your person. Unfortunately, in many cannabis cases, officers stretch or ignore these requirements, assuming you won’t challenge their actions.

For instance, if you’re pulled over and an officer claims to smell cannabis, that alone does not automatically justify a vehicle search. If police search without proper legal grounds, any cannabis or other evidence they uncover may be suppressed in court, greatly weakening the case against you.

2) Lack of Possession

Cannabis may be found nearby, but that alone does not mean it belonged to you, especially in crowded or shared spaces. For example, at a gathering in Long Beach, cannabis discovered on a table does not automatically prove you knew it was there or exercised control over it.

Our goal is to show that you did not knowingly possess the cannabis, which may result in reduced or dismissed charges. To secure a conviction, the prosecution must prove you were aware of the cannabis and had control over it — a burden that is not always easy to meet.

3) No Proof of a Sale

Charges for selling cannabis are more serious than simple possession, but prosecutors must still prove that an actual sale took place. Possessing a larger quantity alone is not enough. Without evidence such as exchanged money, communications, or other clear indicators of a transaction, proving intent to sell becomes far more difficult.

In many cases, individuals purchase cannabis in bulk for personal use rather than distribution. We work to challenge assumptions made by the prosecution and highlight the lack of concrete evidence. Without solid proof of a sale, the charges may be reduced or even dismissed.

4) Medical Marijuana Use

Registered medical marijuana patients in New York have the legal right to possess and use cannabis for approved medical purposes. However, there are situations where law enforcement may overlook or misunderstand those legal protections.

For example, if you are stopped in Suffolk County and charged with possession despite remaining within the legal limits for medical marijuana use, your medical marijuana registration and compliance with state law can serve as a strong defense. We can present evidence showing that your possession was lawful, within the permitted limits, and fully compliant with New York’s medical cannabis program.

Our goal is to demonstrate that you were exercising a protected legal right, not committing a criminal offense.

5) Flawed Field Sobriety Tests

Law enforcement officers often rely on field sobriety tests to investigate suspected cannabis impairment, but these tests were originally developed to detect alcohol intoxication — not cannabis use. In Nassau County, roadside exercises such as the “walk-and-turn” test can be affected by many factors unrelated to impairment, including anxiety, fatigue, medical conditions, or uneven road surfaces.

In addition, THC can remain in a person’s system long after any impairing effects have worn off. As a result, chemical tests may detect prior cannabis use without proving that a driver was actually impaired at the time of the stop.

We work to challenge the reliability of these tests and question whether the evidence truly supports a claim of impairment.