- Amount of Possession
- Less than 10 Pounds
- 10-50 Pounds
- 50-2,000 Pounds
- 2,000-10,000 Pounds
- 10,000+ Pounds
- Jail Time
- 3-8 Months in Jail
- 2-2.5 Years in Jail
- 3-3.5 Years in Jail
- 6-7 Years in Jail
- 14-18 Years in Jail
Federal Marijuana Charges
The Controlled Substance Act classifies marijuana as a Schedule I drug. Depending on the amount in your possession. cannabis can result in federal charges. Under the Controlled Substances Act, federal agents can make an arrest for possessions. However, the federal government typically does not become involved in marijuana charges unless there is a large quantity of the substance being trafficked. Trafficking includes large-scale cultivation, moving, and selling any illegal substance. Each penalty for trafficking is determined by the amount and type of drugs involved.
It is important to note that federal felony charges carry mandatory minimum sentences for marijuana and cannabis charges. Some cases carry a mandatory minimum sentence of five years and carry fines of up to $5 million dollars, with minimum sentences increasing when high quantities are involved.
Possession of Paraphernalia
Marijuana vs. Drug Paraphernalia
Possession of marijuana paraphernalia is classified as a misdemeanor offense similar to simple possession. Many time defendants are charged in association with one another. For example, marijuana paraphernalia can include anything used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, package, store, ingest, inhale, or introduce into the body.
The identifiable difference between the two is distinguished by the drug in question. If drug paraphernalia is discovered in proximity to an unlawful controlled substance such as methamphetamine, then the charge is associated with drug paraphernalia. Possession of marijuana paraphernalia is different from possession of drug paraphernalia, as drug paraphernalia is a more serious offense.
Possession of marijuana paraphernalia is classified as a Class 3 Misdemeanor while standard drug paraphernalia is classified as a Class 1 Misdemeanor. Marijuana paraphernalia charges carry less serious penalties, but if not handled appropriately can result in high fines, probation, and even jail time.
Growing & Selling Marijuana in Watauga County
In Boone, growing and selling marijuana has greater consequences than for simple possession. The Drug Enforcement Agency and other law enforcement agencies are cracking down on the distribution of cannabis and set harsh penalties for anyone transporting the drug. Individuals who simply cultivate the plant can result in charges of possession with intent to distribute, even for growing a handful of plants for personal use.
Challenging Cannabis-Related Evidence
In marijuana cases, the seizure of cannabis is the main evidence for cases involving possession, sale, and cultivation of marijuana. Police officers must carefully follow procedures and ensure probable cause before conducting any search. Law enforcement must legally obtain marijuana from you to successfully prosecute you in court.
Under the Fourth Amendment, United States citizens have the right to be free from unreasonable searches and seizures. If you suspect that you submitted to an improper search, our law firm can help you investigate the evidence in your case and fight to have wrongfully obtained evidence dismissed from your trial.
Speak to a Boone Criminal Lawyer
If you are facing cannabis related charges, contact our Boone marijuana defense attorney at Harmon Law. By hiring an experienced criminal lawyer like Jason Harmon, you can be assured that all the events surrounding your charge will be investigated to prevent the violation of your rights. It is Mr. Harmon’s objective to minimize any long-term consequences and reduce the negative implications associated with marijuana related charges. Having an experienced attorney who is knowledgeable in the workings of a courtroom, can make all the difference. Let us be that difference for you.
Contact us today at 828-386-6500 or fill out our confidential intake form for a consultation.