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Current U.S. Federal Policy and Sentencing for Marijuana Offenses

admin • May 18, 2021

The States will usually prosecute marijuana offenses. However, based on my experience, the Federal  Government may opt to prosecute offenders when the incident involves Federal property (U.S. national  forests), cultivating very large quantities of marijuana, crossing state and national borders, exporting out of  state, when organized crime is involved and/ or instances in which Federal agents conduct the investigation.  

Be aware that Federal Courts mandate five to ten year prison sentences for marijuana/cannabis offenses. i.e  over 100 plants or rooted seedlings are punishable by minimum five years; offenses involving 1,000 plants  or rooted seedlings are punishable by a minimum of ten years. Unfortunately State Medical Marijuana  Laws offer almost no protection in Federal Court. However, in my representation of client’s regarding small  amounts of marijuana on federal property, prosecutors have agreed to dismiss when they have a current  Medical Marijuana Recommendation. 

Seedlings are assigned a weight of 100 grams; this means that 60 plants or 6,000 grams is equal to 6 kilos and is a level 14 offense punishable  by up to a 15-21 month sentence. If a plant weighs more than 100 grams, the actual weight is used. 

The latest policies under the Trump Administration include an omnibus budget bill passed on March 23, 2018. Contained in that  bill is a cannabis provision called the Leahy amendment (formally the Rohrabacher-Blumenauer Amendment), which prohibits  the Department of Justice and the Drug Enforcement Agency from using tax dollars to interfere with medical marijuana/cannabis  businesses and patients in states where medical marijuana/cannabis is legal. We will have to wait and see if the amendment will be  expanded upon under the Trump administration to include non-medical adult use. There is pending bi-partisan legislation before  congress that would amend the Controlled Substances Act prohibiting its application to States that have legalized marijuana. This  includes the manufacture, production, possession, distribution, dispensation, administration or delivery of marijuana..

The Federal guidelines below are used by the judge to consider what sentence to impose and are considered to be the most relevant factor  in determining the sentence; however, they are no longer mandatory. 

Since medical marijuana is not recognized, pursuant to U.S Congress, federal laws do not protect patients or members of  collectives and cooperatives from prosecution. See U.S v. Macintosh 833S3.1163 2016, which provides for the opportunity for a  hearing to determine if the defendants actions are in compliance with the State Medical Marijuana Laws .

 

Amount of Marijuan a  Sentence/Months  Offense Level
<1kg  0-6 months  6
1 kg -2.5 kg  0-6 months  8
2.5 kg – 5 kg  6-12 months  10
5 kg – 10 kg  10-16 months  12
10 kg – 20 kg  15-21 months  14
20 kg – 40 kg  21-27 months  16
40 kg – 60 kg  27-33 months  18
60 kg – 80 kg  33-41 months  20
80 kg – 100 kg  41-51 months  22
100 kg – 400 kg  51-63 months  24
100kg or More
400 kg – 700 kg  63-78 months  26
700 kg – 1000 kg  78-97 months  28
1000 kg – 3000 kg  97-121 months  30
1000k or More
3.000 kg – 10,000 kg  121-151 months  32
10,000 kg – 30,000 kg  151-188 months  34
30,000 kg – 90,000 kg  188-235 months  36
90,000 kg or More  235 – 293  38

 

LEVEL ADJUSTMENTS 

Early Plea & Acceptance  Responsibility  

  -2 or -3 at level 16 

Organizer or Leader +4

Manager Or Supervisor +3

Lesser Leader +2 

Minimal Participants -4

Between Minimal & Minor -3

Abuse Of Position Of Trust +2

Use of Special Skill +2 

Obstruction +3 

There are numerous factors (i.e.  criminal convictions history)  that affect the guidelines and  sentencing 

Possession of up to an ounce

By admin • May 20, 2021
Reductions and Dismissals of Prior Marijuana Felonies  As of November 8, 2016, with passage of Prop 64., it is now Legal to Possess (and Give) an ounce of Marijuana & 8 grams of Hashish; California Health & Safety Code § 11362.1, 11362.45;  LAW: POSSESSION, BY ADULTS OVER 21, OF AN OUNCE OR LESS OF MARIJUANA […] The post Possession of up to an ounce first appeared on The Law Offices Of Bruce M. Margolin, ESQ.

Possession of Over an Ounce

By admin • May 18, 2021
California Health & Safety Code § 11357;  Except as authorized by the law*, possession of not more than 28.5 grams of marijuana, or not more than four/ eight grams* of concentrated cannabis, or both, shall be punished or adjudicated as follows:  ALL ADULTS 21 OVER IN CALIFORNIA   LAW: POSSESSION OF OVER AN OUNCE OF MARIJUANA […] The post Possession of Over an Ounce first appeared on The Law Offices Of Bruce M. Margolin, ESQ.

Possession for Sale

By admin • May 18, 2021
California Health & Safety Code § 11359 b MISDEMEANOR LAW: POSSESSION FOR SALE IS A MISDEMEANOR UNDER MOST   CIRCUMSTANCES: To sell means to exchange any amount of marijuana or  hashish for anything of value. Note that “giving away” up to an ounce of marijuana  is legal in the State of California involving adults over the age of […] The post Possession for Sale first appeared on The Law Offices Of Bruce M. Margolin, ESQ.
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Cultivation

By admin • May 18, 2021
California Health & Safety Code §11362.2 & §11358 Misdemeanor /Felony  LAW: Cultivation of up to 6 live plants of Marijuana is legal per residence for adults  over 21; and you may posses whatever amounts have been previously grown, and  harvested (also in the residence).  Note from Bruce: You may want to keep the root-balls as evidence that […] The post Cultivation first appeared on The Law Offices Of Bruce M. Margolin, ESQ.

Driving Under the Influence (DUI) When Impaired

By admin • May 18, 2021
Vehicle Code 23152e CA  PROP 64 DID NOT AMEND OR CHANGE LAWS REGARDING MARIJUANA DUI PROSECUTION   LAW: Even though possession of Marijuana is legalized, it remains unlawful to drive while under  the influence of marijuana or any drug if impaired to the degree that one is unable to operate a  motor vehicle safely.  PENALTY: For […] The post Driving Under the Influence (DUI) When Impaired first appeared on The Law Offices Of Bruce M. Margolin, ESQ.

Drug Testing and Employment

By admin • May 18, 2021
Unfortunately notwithstanding the passage of Prop 64 (AUMA), the legalization of marijuana/cannabis in some instances, employers may still refuse to hire and fire persons that use marijuana/cannabis. California NORML has sponsored pending legislation, that will provide protections for patients from lose of  employment.  Ross v. Raging Wire Telecom [42 Cal. 4th 920 (2008)]- CA Supreme Court […] The post Drug Testing and Employment first appeared on The Law Offices Of Bruce M. Margolin, ESQ.

Forfeiture of Money and Property

By admin • May 18, 2021
California Health & Safety Code §11470(e) Forfeiture laws allow state and federal governments to seize money and property that  are proceeds of, or are used to, facilitate illicit drug activity. Forfeiture proceedings are  usually filed separately from the criminal case in which the “defendant” is the money  or property itself. The owner must file a […] The post Forfeiture of Money and Property first appeared on The Law Offices Of Bruce M. Margolin, ESQ.

How to Avoid a Marijuana Possession Conviction for 18-21 Years of Age

By admin • May 18, 2021
11357(b) H&S (And Save Your Driver’s License While Doing So)  Note from Bruce: Under California law, anyone younger than 21 years old who is convicted of a marijuana offense will lose his/her driver’s license for one year, even if the offense is not driving related; this is subject to the discretion of the Judge.   DEFERRED […] The post How to Avoid a Marijuana Possession Conviction for 18-21 Years of Age first appeared on The Law Offices Of Bruce M. Margolin, ESQ.

Destruction of Arrest and Conviction Records

By admin • May 18, 2021
California Health & Safety Code §11361.5 Removing and   Expungement (PC §1203.4 ) of your Marijuana Conviction   California law requires all governmental agencies to automatically destroy any records of marijuana possession  charges and any records of charges for giving away or transporting up to one ounce of marijuana two years after  the date of conviction or […] The post Destruction of Arrest and Conviction Records first appeared on The Law Offices Of Bruce M. Margolin, ESQ.

Deferred Entry of Judgment (DEJ) = Dismissal

By admin • May 18, 2021
PC §1000 & 100.94 (LA County) Charges for the possession of marijuana or hashish and for the cultivation of  marijuana for personal use can be dismissed through successful completion of  Deferred Entry of Judgment. DEJ is not applicable to charges involving possession  for sale or transportation unless the marijuana is for personal use. The defendant  must plead guilty to […] The post Deferred Entry of Judgment (DEJ) = Dismissal first appeared on The Law Offices Of Bruce M. Margolin, ESQ.
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