NJ Federal Marijuana Charge Lawyer

Federal Marijuana Charges in New Jersey

Although marijuana laws are relaxing at the state level, cannabis remains strictly prohibited under federal law. This creates a complex legal landscape for marijuana crimes that cross state and federal jurisdictions. If you are facing federal marijuana charges in New Jersey, engaging an experienced criminal defense lawyer is critical.

This article provides an overview of federal cannabis laws, potential defenses, sentencing, and how an attorney can help fight the charges. The stakes are high, so building an aggressive legal strategy is essential.

Federal Marijuana Laws

Under the federal Controlled Substances Act, marijuana is classified as a Schedule I drug with no accepted medical use and a high potential for abuse. Possessing any amount of cannabis is illegal federally and subject to criminal penalties.

Common federal marijuana crimes include:[1]

• Possession of any amount of marijuana
• Cultivating or growing cannabis plants
• Selling or distributing marijuana
• Trafficking large quantities across state lines
• Mailing or shipping cannabis through the USPS

These federal offenses are prosecuted by the U.S. Attorney’s Office and DEA under statutes like 21 U.S.C. 841 and 21 U.S.C. 844. Charges often involve overlapping state and federal jurisdictions.

Defenses Against Federal Marijuana Charges

There are defenses that may get federal marijuana charges dismissed or reduced. Some examples include:

• Illegal Search – Evidence can be suppressed if obtained through a unconstitutional search.
• No Possession – You can argue the marijuana was not actually in your possession.
• No Intent to Distribute – The prosecution must prove you planned to sell or distribute the cannabis.
• Medical Necessity – Marijuana was used for a documented health condition.
• Entrapment – You were illegally induced to commit the crime.

An experienced federal criminal defense lawyer can evaluate potential defenses based on the specifics of your case. Having skilled legal counsel in your corner can make all the difference.[2]

Penalties for Federal Marijuana Crimes

Below is an overview of potential penalties for federal cannabis charges:

• Possession – Up to 1 year in prison and a $1,000 fine for a first offense. Penalties escalate for repeat offenses.
• Cultivation – 5-40 years in prison depending on the number of plants.
• Sale/Distribution – Up to 5 years in prison for small amounts; up to life imprisonment for large quantities or if sold to minors.
• Trafficking – 10 years to life in prison depending on the amount trafficked across state lines and other factors.

Federal sentencing guidelines take into account the defendant’s criminal history and other aggravating factors. Mandatory minimum sentences limit judicial discretion.[3]

What to Expect If Facing Charges

Being charged with a federal marijuana crime is scary. Here is a basic overview of what to expect:

1. Arrest by federal agents such as the DEA or FBI.
2. Appearance before a federal magistrate judge for an initial hearing.
3. Hiring of a federal criminal defense lawyer to start building your case.
4. Detention hearing to determine bail conditions and pretrial release.
5. Filing of an indictment by the U.S. Attorney’s Office.
6. Your formal arraignment where charges are read and a plea entered.
7. Extensive pretrial process including motions and discovery.
8. Plea negotiations between your lawyer and the federal prosecutor.
9. Trial if no plea agreement reached.

Exercise your right to remain silent from the moment of arrest and only speak through your attorney. Be calm and compliant during the arrest, but do not answer any substantive questions.[4]

Finding an Experienced Federal Marijuana Lawyer

Your choice of lawyer is absolutely critical for federal marijuana charges. Key credentials to look for include:

• Experience handling complex federal cannabis cases
• In-depth knowledge of marijuana laws and federal sentencing guidelines
• Familiarity with the federal court system and prosecutors
• Ability to negotiate firmly with U.S. Attorney’s Office
• Willingness to zealously defend you through trial
• Resources to handle federal pretrial litigation and discovery

Be sure to understand the lawyer’s fees and get a signed agreement. Look for someone who instills confidence they will fight aggressively on your behalf.[5]

Fighting the Charges

Once retained, your lawyer will start developing defenses and building your case. Efforts may include:

• Filing motions to suppress illegally obtained evidence
• Contesting allegations you possessed or distributed marijuana
• Disputing the prosecution’s weight calculations for trafficking charges
• Attacking procedural mistakes by investigators
• Negotiating for reduced charges or a favorable plea agreement
• Identifying weaknesses in the government’s case
• Exploring sentencing departures and variances

If no acceptable plea deal offered, your attorney must be ready to vigorously defend you through a federal trial.[6]

Avoiding the Worst Penalties

While the penalties for federal marijuana convictions are severe, a skilled attorney can often negotiate alternatives such as:

• Plea Bargain – Plead guilty in exchange for reduced charges and lighter sentencing.
• Cooperation Agreement – Provide substantial assistance to prosecutors investigating others.
• Pre-Trial Diversion – Charges dismissed after completing supervision program.

Though requiring admission of guilt, these options may allow you to avoid lengthy incarceration. Your lawyer will advise if any make sense compared to the potential penalties.[1]

Consequences of a Conviction

If convicted of a federal marijuana crime, consequences will last for years after any time served, including:

• A permanent federal criminal record
• Barriers to future employment and professional licensing
• Potential loss of federal student aid and housing assistance
• Years of federal probation or parole supervision
• Large fines and court costs
• Possible deportation for non-citizens

A felony conviction also results in the loss of voting rights, firearm rights, and other civil liberties. These severe collateral consequences demonstrate the importance of building an aggressive case.[1]

Getting Your Life Back

Although scary at first, federal marijuana charges can be overcome with experienced legal guidance. Many cases end up dismissed, reduced, or with reasonable plea deals that avoid lengthy prison time. But it starts with hiring knowledgeable counsel immediately after an arrest.

By following your lawyer’s advice precisely, sticking to all conditions of your pretrial release, and avoiding further legal issues, you can move past this challenge. While devastating initially, your life is not over. An experienced federal marijuana lawyer can help you get it back on track.

References

1. Gamma Hydroxybutyrate “GHB” Date Rape Drug Charges Attorneys
2. GHB Charges in New Jersey | Schneider Freiberger, P.C.
3. Defending GHB Drug Charges in New Jersey – Villani & DeLuca, P.C.
4. NJ 2C:35-10.2. Possession of GHB. – Villani & DeLuca, P.C.
5. Passaic County NJ GHB Possession Lawyer | NJSA 2C:35-10.2 Best Defense Clifton NJ
6. Freehold NJ Gamma Hydroxybutyrate & Flunitrazepam Lawyers