The government reports that more than 80 million Americans have tried marijuana at some point in their lives, making it the most commonly used illegal drug in the United States. Despite the fact that many Americans have used it, it isn’t actually “legal” to possess marijuana anywhere in the country. Some states have passed laws that allow the possession of medical marijuana under certain circumstances, and some states have laws that decriminalize marijuana. These state laws typically make possession of marijuana in small amounts with the intent of personal use only punishable either by fines or treated as infractions.
Marijuana Possession with Intent to Distribute is STILL a Punishable Offense
Despite decriminalization laws, any activity that is related to the manufacturing, sale or distribution of marijuana is still a punishable offense, no matter what state you are arrested and charged in. If you want to learn more about charges for Marijuana Possession with Intent to Distribute specific to your area, visit one of our pages:
Primary Factors Affecting Punishment
If your possession arrest is in connection with additional violations, including drug trafficking, ties to criminal enterprises, large scale growth operations, or violent activities or unlawful possession of firearms, then federal penalties will be much harsher. Possession that’s tied to sale or other criminal enterprises is categorized as a felony. This can include possession of marijuana with the intent to distribute.
Penalties for Marijuana Possession with Intent to Distribute
There are several additional factors that can affect the punishment for possession. These factors include:
- Whether or not you have a previous criminal record
- Whether this is your first offense for possession
- If you sold or gave marijuana to minors
- If you were arrested for possession near a school, public park, or a similar community-type location
- Whether you had possession of plants or harvested marijuana
- Whether you had any drug paraphernalia such as pipes, bongs, scales, or other devices
Please remember that these are just some of the factors that can affect a case, but there could be more important details. It is recommended to tell your attorney all important details about your situation.
Every Case is Different, You NEED to Know Your Rights
There are certain factors that a prosecutor can use to claim you had intent to sell, including how much you had in your possession at the time of your arrest or if you had and items that could assist in the sale of marijuana such as scales, baggies, and heavy traffic coming in and out of your home. The amount of marijuana you had at the time of your arrest can especially affect the sentence you receive if you are faced with distribution, intent to distribute, or cultivation charges.
We are Ready to Fight For You!
If you are facing a charge related to the sale of marijuana or any other controlled substance, you need a lawyer. An experienced lawyer can help protect your rights in court and can possibly help you get your charges lowered to a lesser crime or in some situations, dropped entirely. If you are facing charges related to the sale or distribution of marijuana, call or contact Tucker, Nong and Associates online immediately. Our experienced criminal defense lawyers will do everything possible to make sure you get the best result possible for your case. Don’t wait – we are ready to fight for your today!