why you need a lawyer if you get caught with marijuana in a legal state

by Prof. Johnathan Leannon 8 min read

Another reason why you need a lawyer if arrested in possession of marijuana is the variety of sentences the charge may carry. You can be put on probation, asked to pay a fine, have to perform community service, spend a certain amount of days in county jail, and in the most severe, do time in prison.

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Can I be arrested for selling marijuana in my state?

Dec 20, 2016 · Another reason why you need a lawyer if arrested in possession of marijuana is the variety of sentences the charge may carry. You can be put on probation, asked to pay a fine, have to perform community service, spend a certain amount of days in county jail, and in the most severe, do time in prison.

Will federal prosecutors in California go after people who use marijuana?

Aug 16, 2018 · These patients can grow six mature and 12 immature plants. There is no doubt that the state is tolerant to recreational or medical marijuana but a slight violation of rules can land a consumer into hot waters. This is why you are advised to consult with a Marijuana Crime Lawyer in Hayward if caught in following cases: Smoking Marijuana In Public

Is marijuana legal in my state?

Your lawyer will also be able to review the charges against you and can determine if there are any relevant defenses that you can raise based upon their findings. In addition, they will be able to provide legal representation in criminal court and/or at a conference to work out a plea deal with the prosecution.

What are federal Marijuana Laws?

Jul 06, 2021 · An experienced drug lawyer can give you reliable explanations of the possible punishment for the offense with which you have been charged. They can also negotiate a possible plea agreement with the federal prosecutor and prepare any possible defenses. You are most likely to get the best possible result in your case if you have an experienced drug lawyer …

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What is the punishment for possession of marijuana in California?

Possession of Marijuana – Greater than 1 Ounce Possession of more than one ounce of marijuana for personal use is a misdemeanor charge that can result in up to 6 months in jail, $500 in fines, and probation if you are found guilty.

What is the punishment for possession of marijuana in Illinois?

CRIMEPUNISHMENTCANNABIS (30 grams to 500 grams) 720 ILCS 550/41ST Offense Felony Up to $25,000 Fine &/or 1 to 3 Years in Pen.2ND Offense Felony Up to $25,000 Fine &/or 2 to 5 Years in Pen.CANNABIS (500 grams to 2000 grams) 720 ILCS 550/4Felony Up to $25,000 Fine &/or 2 to 5 Years in Pen.40 more rows

Is selling marijuana a felony in Illinois?

Selling, manufacturing, or possessing with the intent to sell, more than 5,000 grams of marijuana is a Class X felony, punishable by a mandatory minimum sentence of 6 years and a maximum sentence of 30 years, and a maximum fine of $200,000.

How long can you go to jail for selling marijuana?

People convicted of selling marijuana paraphernalia are subject to a penalty of 3 years in jail. Simply possessing paraphernalia is not a crime; however, those caught with paraphernalia are subject to a charge of possession of marijuana, once the paraphernalia items are tested for marijuana residue.

How long is marijuana in jail?

sentencing guidelines used by judges to determine the punishment for any amount of marijuana possessed: For a second offense: misdemeanor, up to 2 years in jail (with a mandatory minimum of 15 days) and up to $2,500 in fines; and.

What are the penalties for selling marijuana?

Growing and selling marijuana is frowned upon by federal law. As one might expect, the penalties for selling or growing marijuana are more strict than the penalties for simple possession. The punishments for selling and cultivating marijuana are as follows: 1 Less than 50 plants (cultivating) or 50 kg (selling): a federal felony, up to five years in jail and up to $250,000 in fines; 2 50-99 plants or kilograms: a federal felony, up to 20 years in jail and up to $1,000,000 in fines; 3 100-999 plants or kilograms: a federal felony, 5-40 years in jail and up to $500,000 in fines; and 4 1,000 or more plants or kilograms: a federal felony, 10 years to life in jail and up to $1,000,000 in fines.

What to do if you are charged with a federal crime?

If you have been charged with a federal criminal offense in connection with marijuana, you should contact an experienced drug lawyer. An experienced drug lawyer can give you reliable explanations of the possible punishment for the offense with which you have been charged.

Is marijuana legal in all states?

Even growing and distributing marijuana is now legal under state law in certain states. However, if there is a conflict between federal and state law, federal law always prevails. The medicinal use of marijuana is legal in almost all states in the U.S. today, although marijuana CBD oil, and cannabis oil are all still illegal in the State ...

Can you prosecute someone for marijuana use?

Generally federal law enforcement authorities do not prosecute medical or even recreational marijuana use as long as people adhere to the law of the state in which they live and do not sell marijuana across state lines.

Is marijuana a felony?

Possession of any amount of marijuana is a mis demeanor offense under federal laws. The question of how much marijuana is a felony only comes into play when a person grows or sells marijuana, but is not relevant when possession is charged. Following is a list of penalties based on offense per the U.S.

What to do if you are caught with marijuana?

If you are caught using or possessing marijuana on a college campus, it is in your interest to find an experienced criminal defense attorney. The support of a savvy lawyer has the potential to make the difference between a permanent campus ban and the opportunity to continue your post-secondary education while living on campus.

When will marijuana be legalized in 2020?

May 7th, 2020. No Comments. If you are caught with marijuana on a college campus, you will be penalized. It does not matter that recreational marijuana is being legalized in one state after another with each passing year. The bottom line is marijuana is still categorized by the federal government as a Schedule I drug.

Do colleges enforce marijuana laws?

Some colleges do not actually enforce the rules pertaining to marijuana as detailed in their policies as they typically consider marijuana use to be a lesser offense when compared to rape, hazing and other criminal acts performed on campus.

Can you use medical marijuana on a college campus?

The moral of this story is you should not use marijuana on a college campus even if you have a script. Colleges and universities have the legal right to establish their own rules regarding marijuana, ...

What is the Community Act?

Any post-secondary institution that receives federal funding and violates the Controlled Substances Act and the Drug Free Schools, Community Act runs the risk of losing vitally important federal funding. Such funding is necessary for institutions of higher education to remain financially viable.

Is marijuana a Schedule 1 drug?

The bottom line is marijuana is still categorized by the federal government as a Schedule I drug. Colleges will not allow students to use marijuana on campus as they fear losing their federal funding. If a college were to permit marijuana use on campus, there is a good chance the federal government would strip that educational institution ...

How much is the fine for selling marijuana?

For most defendants, unlicensed sale or transport for the sale of marijuana is a misdemeanor punishable by up to six (6) months in county jail and/or a fine of up to one thousand dollars ($1,000). (For defendants under 18, it is an infraction.

When did recreational marijuana become legal in California?

Recreational use of marijuana became legal in California on January 1, 2018. The legalization of cannabis regulation and adult-use cannabis is the result of voter passage of Proposition 64 in November 2016.

What is the HS code for marijuana?

Simple possession – Health and Safety Code 11357. Health and Safety Code 11357 HS is the California marijuana law that sets forth the rules for personal possession of marijuana. Possession of not more than 28.5 grams of marijuana (a bit more than an ounce) for personal use is legal in California as of January 1, 2018, for people age 21 and older.

What is concentrated cannabis?

Concentrated Cannabis. “Concentrated cannabis” is the separated resin (whether crude or purified) obtained from the marijuana plant. It is commonly referred to as “hashish” or “hash.” 14. Concentrated cannabis is considered to be marijuana under California law.

Is marijuana a felony in California?

However, people with serious criminal history – including multiple prior drug convictions – can be charged with a felony for violating California drug laws. Marijuana is still illegal under federal law. Unfortunately, marijuana remains a Schedule 1 drug under the United States Controlled Substances Act.

Is marijuana possession a misdemeanor?

As a result, possession of marijuana with the intent to sell it without a license remains a crime under Health and Safety Code 11359 HS (California’s possession of marijuana for sale law). For most adult defendants, HS 11359 possession for sale without a license is a misdemeanor, carrying the following penalties:

Is it a felony to sell marijuana to a minor?

Selling marijuana to a minor – Health and Safety Code 11361 . California Health and Safety Code 11361 HS makes it a felony for anyone 18 years or older to sell marijuana to a minor. This law is unchanged by Proposition 64/marijuana legalization. Section 11361 also makes it a felony to use a minor unlawfully to:

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