Misdemeanor drug offenses include possession of less than 20 grams of marijuana and drug paraphernalia, e.g., bongs, roach clips, water pipes and other devices commonly used to ingest or conceal marijuana.

While the statutory punishment includes up to one year in jail and/or $1,000 fine and probation, an accused’s prior record and involvement with drugs will often result in jail time, probation, random urine testing at your expense and probation.  It is highly likely that probation will require some participation in a drug rehabilitation and education program.

To be clear, a jail sentence doesn’t mandate a full year jail.  The court can elect not to impose any jail sentence or the judge can choose to impose any number of days in jail so long as the sentence does not exceed one year.  The same is true as to the amount of the fine levied and the length of a probationary sentence.

The longer your prior record is, the harsher your sentence will be.  Therefore, it is imperative that you seek out a lawyer.  An experienced lawyer may be able to get the case thrown out based on a bad search, contest the legality of your arrest or make a good case to the court for not inserting jail time into your sentence.