Marijuana-related Federal Offenses

Despite state-level legalization in many jurisdictions, marijuana remains a Schedule I controlled substance under federal law, leading to significant federal offenses related to its possession, sale, and distribution. Federal criminal defense lawyer Nate Crowley understands that it is crucial to comprehend the nuances of marijuana-related federal offenses, the corresponding penalties, and potential defenses to achieve the best outcome for his client.

Federal offenses involving marijuana typically include conspiracy to distribute drugs as well as possession with intent to distribute, cultivate or traffic marijuana across state lines. The penalties for these offenses vary depending on the amount of marijuana involved. For example, trafficking less than 50 kilograms can result in up to 5 years in federal prison and fines up to $250,000. For larger quantities, penalties increase dramatically, with 10-year minimum sentences for trafficking over 1,000 kilograms or operating large-scale cultivation facilities. Additional sentencing enhancements may apply if the offense involved minors or occurred near schools or other protected zones.

Beyond incarceration, federal marijuana convictions can result in long-term consequences such as asset forfeiture, loss of federal benefits, and a permanent criminal record that impacts employment and housing opportunities. Even simple possession can lead to significant issues if the accused was on federal property or in a jurisdiction governed by federal law.

Several defenses may be available to clients facing federal marijuana charges. One common defense is challenging the legality of the search and seizure that led to the discovery of marijuana. Under the Fourth Amendment, any evidence obtained through an illegal search may be inadmissible in court. Entrapment is another potential defense if law enforcement induced the defendant to commit a crime they would not have otherwise committed.

Additionally, a defense lawyer may argue that the accused lacked intent to distribute or that the amount of marijuana in question was for personal use rather than sale or trafficking. In some cases, constitutional challenges related to state versus federal jurisdiction may be raised, particularly when the defendant’s actions were fully compliant with state law.

Marijuana Offenses and Penalties in California

California has legalized the recreational use of marijuana for adults aged 21 and older under Proposition 64, which passed in 2016. However, there are still laws regulating its use, possession, and distribution, and violations can result in various penalties. Adults can legally possess up to 28.5 grams of cannabis and 8 grams of concentrated marijuana.

Possession of larger amounts may result in misdemeanor charges, punishable by a fine of up to $500 and/or six months in jail. Selling or distributing marijuana without a license remains illegal. Unlicensed sales or distribution can lead to felony charges, especially if the offender has prior convictions or distributes to minors. Cultivating more than six marijuana plants is also considered a misdemeanor.

Driving under the influence of marijuana is treated similarly to DUI offenses involving alcohol, with significant fines, license suspension, and possible jail time. Despite legalization, workplace restrictions and federal prohibitions still apply.

In defending marijuana-related federal offenses, an experienced legal defense lawyer Nate Crowley must carefully scrutinize the facts, explore all procedural and constitutional defenses, and negotiate effectively with prosecutors to achieve the best possible outcome for their client.

Charged With Selling Marijuana? Contact California federal criminal defense lawyer Nate Crowley.

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