If you or someone you know has been charged with marijuana cultivation, the skilled criminal defense attorneys at Hoffman & Associates can help. There are several defenses available for a person charged with marijuana cultivation, including:
The marijuana laws in California are complex and you need a solid, professional defense attorney by your side if you are facing marijuana cultivation charges. The criminal defense lawyers at Hoffman & Associates have over 30 years of courtroom experience and have represented hundreds of clients facing offenses related to marijuana in California. Contact us today to schedule a consultation to discuss the facts of your case and learn about your legal rights when it comes to marijuana cultivation.
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Los Angeles, California 90036
Phone: (323) 655-3900
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If you have been charged with a federal criminal offense in connection with marijuana, you should contact an experienced drug lawyer.
During the Trump administration, former Attorney General Jeff Sessions had indicated that the federal government would pursue people in violation of federal laws regarding marijuana. As long as the laws are in place, the possibility exists that the federal government could choose to begin enforcing them.
So what is a mandatory minimum? Mandatory minimums are sentencing laws passed by Congress, which, as the name suggests, require a judge to impose a minimum jail sentence even if a judge were to determine that no jail time is warranted in a particular case.
This means that even if a judge should want to avoid jail time for a particular defendant based on the circumstances of their case, they have no choice but to impose the minimum sentence. Additionally, a person typically cannot seek parole before serving the mandatory minimum sentence.
Possession of any amount of marijuana is a misdemeanor 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.
What If My State Allows Recreational or Medicinal Marijuana?
Both the possession and distribution of marijuana are illegal under federal laws on marijuana, specifically, the Controlled Substances Act. Federal law makes it illegal to use, possess, grow and sell marijuana. There is no exception for the medical or so-called “recreational” use of marijuana in federal law. Possession of even a small amount of marijuana is a federal criminal offense. Simple possession with no intent to distribute is a misdemeanor, punishable by up to one year in prison and a fine of up to $1,000.
Sales to a minor or within 1,000 feet of a school, youth center, or other protected areas result in doubling of the above penalties. Also, repeat offenders are subject to increased penalties and mandatory minimums.
As noted above, current federal policy is not to pursue the residents of those states and municipalities in which certain uses of marijuana, e.g. medical or recreational, or even growing and selling marijuana have been legalized as long as residents obey state law and do not distribute marijuana across state lines.
What Amount of Marijuana Do I Have to Carry to be in Violation of Federal Law?
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.
Following is a list of penalties based on offense per the U.S. sentencing guidelines used by judges to determine the punishment for any amount of marijuana possessed: