Once you are at the Public Prosecutor’s Office, you must immediately request the assistance of your defense attorney. Remember, you cannot be forced to make a statement or sign anything without the presence and assistance of your lawyer.
You and your attorney should keep in mind that the General Health Law provides an exculpatory excuse for the crime of simple possession of cannabis. This means that if you meet certain requirements, the Public Prosecutor may decide to close the case and release you.
Article 478 states:
The Public Prosecutor will not prosecute for the crime of possession without intent to commercialize or supply, even for free, against:
Individuals who are consumers or dependent users.
Those in possession of any narcotic listed in the official table, in an amount equal to or less than the permitted limit. In the case of cannabis, the amount must be 5 grams or less.
When possession is strictly for personal use.
When the person is detained outside a 300-meter radius of schools, healthcare centers, police stations, or prisons.
👉 To invoke this benefit, you must, with your lawyer’s assistance, declare that you are a cannabis consumer and that the possession is strictly for personal use.
The Public Prosecutor must also order specialized forensic tests to determine:
The type and quantity of the substance.
The distance from the location of your detention to schools, healthcare facilities, police stations, or prisons.
Depending on the results, your defense attorney may argue that Article 478 applies to your case.
⚖️ If you fall within these conditions, do not hesitate to contact Lic. Jorge Fernández for legal advice and assistance.
We have extensive experience in criminal law and in handling cases of individuals detained for drug-related offenses.
