Possession of an Unregistered Weapon and Distribution of Marijuana

Mr. Jonathan Brown was arrested on the 10 th of February 2018 in the house of Manga. He was accused of possession of an unregistered weapon and distribution of marijuana. The arrest of Mr. Brown and the other residents was prompted by a neighbor who alerted the police of the illegal activities carried out in the household. Upon arrival, the officers gathered visual evidence from the surrounding environment before invading the crime scene. The evidence gathered by the officers to guarantee Mr. Brown’s arrest is: officers witnessed all the residents in the house (crime site) smoking something that they identified as marijuana from the odor. Also, he was seen transferring a bag of marijuana and caught in possession of 1,541 dollars and two digital weighing scales. These were linked to him distributing the illegal substance. The assumption would be the digital scales were used to measure the quantity of the material being sold to equivalent it to cash. Also, some guns were found sandwiched between cushions next to where Mr. Brown was seated, this backed up the information that the neighbor had shared with the police officers regarding Mr. Brown having a handgun that he tacked on his waistband. In addition to the illegal substances recovered in Manga’s house by the officers, Manga's neighbor is a witness to all the illegal businesses carried out in the house, and the police officers too can bear witness based on their observation through the window. The evidence recovered by the police officers in Mr. Manga’s house is enough to convict Mr. Brown of possession and distribution of marijuana. However, the evidence on possession of a handgun is not sufficient to convict him. Besides officers witnessing Mr. Jonathan distributing marijuana in a bag from a distance, they find him in possession of money and weighing scales which are linked to the bhang. Also, his client (marijuana recipient) is caught with the bag of marijuana that Brown had handed it over to him. The two scenarios are enough evidence to convict Jonathan of possession and distribution of cannabis, which is illegal as per Law Code 5-601 (2017) section 2 (i). However, the evidence on possession of a handgun is not sufficient to convict him for two reasons. First, the officers did not get him in possession of the guns; they found the weapons close to where he was seated, which is not proof enough that the guns belonged to him. Second, the neighbor who reported Brown to have a handgun on his waistband. That is not enough evidence because it is just word of mouth with no tangible evidence. The case can be argued to be biased against our client Mr. Jonathan. According to Law, Code 4-203 (2017), possession of a handgun is a felony, and any person violating the law is subject to imprisonment for 30 days to 3 years or a fine of 250 to 2500 dollars. Which such kind of a penalty, more evidence will be required to convict our client. Regarding Mr. Brown’s case, the legal question to be addressed is, is Mr. Brown guilty of possessing a handgun and distribution of dangerous substances? According to Criminal statutes provided by the Firm’s Law Librarian, Law Code 5-601 Possessing or administering controlled hazardous material is a crime punishable by the law. Section two of the law code explains that any person who violates the law code, that is by possession, or use of marijuana is guilty and punishable by the law to serve a sentence of not more than six months of imprisonment or a fine of not more than 1,000 dollars. Based on the evidence and the type of case, the convict can serve both imprisonment and pay the fine. However, the penalty may be withdrawn if the marijuana was directly obtained from an authorized provider or through prescription, this qualifies it as a professional practice and any charges made should be removed. Based on the legal standards and rules, the case is still tender, and if the evidence is produced to counter the accusation, Mr. Brown can be let free. More information about possession and distribution of marijuana is needed to convict or drop Mr. Jonathan's charges. Does he have a practicing license? Does he dispense marijuana on prescription? Because if the latter is true, then Mr. Brown’s business can be argued to be a legal business. In conclusion, my legal opinion is that Mr. Brown's case is defendable in the court of law. Although some evidence points against him being guilty, that is, in possession of dangerous substances, some gaps can be filled to free him of the case ( Robinson, 1982) . Like the case of handgun possession, there is no substantial evidence to show that the guns in question belonged to him. There were only found close to him in Manga’s house. Regarding dispensing marijuana, the grounds under which he was distributing are yet to be identified. 

References 

https://law.justia.com/codes/maryland/2017/criminal-law/title-4-/subtitle-2/section-4-203/ 

https://law.justia.com/codes/maryland/2017/criminal-law/title-5/subtitle-6/part-i/section-5-601/ 

Robinson, P. H. (1982). Criminal law defenses: A systematic analysis.  Columbia Law 

Review ,  82 (2), 199-291.