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Home >  Criminal >  Marijuana Law

Nearly 15 million Americans smoke marijuana every month. According to government surveys, some 20 million Americans have smoked marijuana in the past year and more than 11 million do so regularly despite strict federal laws prohibiting its use and sale. Last year, the sale of marijuana exceeded 15 billion dollars making it one of America’s top selling agricultural products. There were also 892,000 separate marijuana arrests and of these, nearly 800,000 were for ordinary possession.

In 2009, some thirteen states have enacted laws legalizing various forms of medicinal use of marijuana and its related sale to patients who qualify for such use. While not all federal marijuana convictions mandate prison, those that do, require defendants to serve a minimum of 85% of their maximum sentence. Federal courts are permitted to take into account for sentencing purposes not only the quantity of marijuana in a defendant’s possession, but also whether that defendant has a criminal record relating to prior drug convictions.

The federal government regulates and controls the possession and distribution of all drugs through the Federal Controlled Substances Act. The full text of the Federal law can be found at 21 U.S.C. Sec. 811. All drug laws are enforced by the DEA and other national enforcement agencies.

The federal government still does not recognize the difference between medical and recreational use of marijuana and therefore currently treats the use of marijuana like any other controlled substance. Marijuana has been classified by the feds as a schedule-one controlled substance. Under

federal law, schedule-one drugs are characterized as being both highly addictive as well as lacking any serious medical value. As such, doctors under federal law are not allowed to legally prescribe marijuana for medical use. Doctors in states like California (Compassionate Use Act of 1996) are legally allowed to prescribe marijuana. The issue of course is whether federal law will control on this issue or whether it will be left up to the states to determine on their own.

While federal courts no longer are required to follow mandatory sentencing guidelines, the federal district courts may, and often do use mandatory sentencing guidelines as advisory only. However, there are still mandatory minimum sentences for convictions involving substantial quantities and large-scale cultivation of marijuana. For example, a conviction involving the cultivation of one hundred plants will result in a mandatory minimum sentence of five-years. Other extenuating or compounding circumstances resulting in harsher sentencing of marijuana offenders include the sale and possession in close proximity to school zones. These drug-free zones can result in doubling the maximum sentences in federal marijuana cases. Also, the use or possession of firearms will result in longer prison terms.

On February 25, 2009, Attorney General Eric Holder announced that the federal government would target only those marijuana dispensaries that are in violation of both state and federal law. This has been interpreted to mean that if a state has legalized the medicinal use of marijuana, then the federal enforcement agencies will not override state law. This is the first real shift in federal policy towards legalization of medical marijuana. However, a defendant in a medical marijuana state can still be arrested if the user of the drug triggered federal jurisdiction such as committing an offense on federal property or through federal means such as the post office. This means that you can be a valid medical marijuana user in a permissive medical marijuana state, but can still be charged with a marijuana offence at federal owned and managed locations such as airports.

Summary of Federal Marijuana Penalties

Possession: Possession of marijuana is punishable by up to one year in jail and a minimum fine of $1,000 for a first conviction. For a second conviction, the penalties increase to a 15-day mandatory minimum sentence with a maximum of two years in prison and a fine of up to $2,500. Subsequent convictions carry a 90-day mandatory minimum sentence and a maximum of up to three years in prison and a fine of up to $5,000.

Sale: Distribution of a small amount of marijuana, for no remuneration, is treated as possession. Manufacture or distribution of less than 50 kilograms of marijuana is punishable by up to five years in prison and a fine of up to $250,000. For 50 kilograms or more the penalty increases to a possible 20 years in prison and a fine of up to $1,000,000. Manufacture or distribution of 100 kilograms or more carries a penalty of 5 - 40 years in prison and a fine of up to $2,000,000. For 1000 kilograms or more, the penalty increases to 10 years - life in prison and a fine of up to $4,000,000. Distribution of greater than 5 grams of marijuana to a minor under the age of 21 doubles the possible penalties. Distribution within 1,000 feet of a school, playground, public housing or within 100 feet of a youth center, public pool or video arcade also doubles the possible penalties.

Paraphernalia: The sale of paraphernalia is punishable by up to three years in prison.

State and Federal Marijuana Laws and Resources
Medical Marijuana – Use and Acceptance
Confronting The Police – Possession of Medical Marijuana
Driving Under the Influence of Marijuana
Marijuana and Child Custody Cases
Possible Health Risks – Chronic Use
Employer Drug and Marijuana Testing
History of Medical Marijuana
The Difference an Ounce Can Make
Alzheimer's - Medical Marijuana
Zoloft and Medical Marijuana
Migraines and Medical Marijuana
Glaucoma and Medical Marijuana
California Medical Marijuana ID Cards

Marijuana Vocabulary: Pot, weed, ace, gungeon, gunja, kif, hemp, gunney, moocah, skin, sticks, hash, joint, blue sage, bud, bush, cannabis, canamo, tea, catnip, kush, columbian, gasper, grass, gong, herb, hay, indo, jane, kali, kiff, leaf, lid, panama gold, panama red, primo, roach, smoke, straw, reefer, and herb.

   

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