Police Investigation for First-Time Marijuana Offense, Why Assistance from a Former Police Attorney Matters <Must Read>

Some of you reading this article may be facing a Police Investigation for a first-time marijuana offense.

Marijuana is made by drying the leaves and flowers of the cannabis plant, which have narcotic or hallucinogenic effects, and rolling them like cigarettes for smoking. In Korea, it is classified as a narcotic and is prohibited.

Because it has a very strong addictive quality, smoking marijuana is punishable under the Act on the Control of Narcotics, etc.

Even if you claim you had no intent because you thought it was a regular cigarette, you may still be punished, and if you fail to respond strategically, you may receive a heavy sentence and have to serve time in prison.

Therefore, you must prepare measures to avoid becoming a convicted drug offender.

With that in mind, today we would like to share effective measures based on LAWFIRM LEAP's expertise and track record of successful outcomes with those facing punishment in connection with this matter.

We will explain the standards for legal liability, the applicable sentencing range, and methods to reduce your sentence and defend against detention, so we recommend you focus on the following content for just three minutes.

01If You Are Facing a Police Investigation for a First-Time Marijuana Offense

If you were caught using marijuana, this means you were using a clearly prohibited drug, so careful review of the matter is necessary before the Police Investigation.

And if the charge is established, you may be sentenced to imprisonment for up to five years or a fine of up to KRW 50 million under the Act on the Control of Narcotics, etc.

02Act on the Control of Narcotics, etc.

A person who uses a psychotropic substance or cannabis — imprisonment for up to 5 years or a fine of up to KRW 50 million

As this is a serious crime type with a heavy potential sentence and significant social impact, an arrest warrant may be sought even against a first-time offender. If you are under investigation in connection with this matter, you must establish an initial response strategy with the assistance of a specialized attorney.

Depending on the circumstances, you may have been smoking without realizing it was actually marijuana, or you may be under investigation due to secondhand exposure.

In such cases, you may feel a sense of injustice and want to emotionally protest your innocence. While this reaction is understandable, you must approach your initial strategy with even greater composure and care in such situations.

In drug offense cases, the sentencing level may vary depending on factors such as the number of instances of use or ingestion, involvement of accomplices, and prior similar convictions, so you must develop a response strategy that comprehensively considers all these factors.

You can only reduce your sentence by responding with evidence favorable to your position, with the assistance of a specialized attorney.

03How to Defend Against Detention at Trial for a First-Time Marijuana Offense

If, during a Police Investigation for a first-time marijuana offense, the charge is established on solid grounds, it is generally advisable to acknowledge the charge and show a remorseful attitude.

If you were caught while merely trying it out of curiosity, you must have it recognized as an impulsive act during the investigation stages, including the Police stage and the subsequent Prosecution investigation, to establish that you are not a habitual drug offender.

It is also important to increase the likelihood of leniency by expressing a firm commitment not to reoffend.

Fortunately, if you promptly acknowledge your wrongdoing as a first-time offender, cooperate with the investigation, and clearly express a strong commitment to prevent reoffending, you may successfully defend against detention.

Furthermore, to obtain a Suspended Indictment, you must properly understand the investigative process and prepare initial responses that address what the investigative agency is looking for.

For this, it is necessary to obtain assistance from an attorney with a 'Police' background who understands the investigative agency and the investigation response process.

Only someone who has actually participated in and directed investigations knows how to respond to them. That is, an attorney with a 'Police' background can effectively understand what position the Police hold on the matter and know how to persuade the Police so as to defend against a criminal record through a Suspended Indictment disposition.

Therefore, with the assistance of a former police attorney, actively participate in the initial investigation and clearly explain your position in order to obtain leniency.

In serious criminal cases involving prohibited drugs, leniency can only be obtained by finding favorable grounds within the critical window and maintaining consistent statements and sentencing arguments, so we recommend you address the matter together with legal counsel.

The attorneys at our firm, LAWFIRM LEAP, are able to provide comprehensive responses to civil and criminal disputes, drawing on experience handling various legal disputes at Kim & Chang and Bae, Kim & Lee, Korea's largest law firms.

In particular, since our attorneys with a 'Police' background directly handle each matter and know what position and response the investigative agency will take, allowing us to provide tailored responses for each situation, we are well positioned to secure a favorable outcome.

At LEAP, our criminal law experts with police backgrounds personally handle every step, from one-on-one consultations to trial defense, and strive to find ways to minimize our clients' legal liability.

Please find the optimal solution for your situation and prevent a single mistake from turning you into a convicted drug offender.

Thank you again for reading this lengthy article.