Is Marijuana possession charge on Federal property a Felony or Misdemeanor? - Criminal Law Questions and Answers- LawQA.com

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Is Marijuana possession charge on Federal property a Felony or Misdemeanor?

Is Marijuana possession charge on Federal property a Felony or Misdemeanor? I had it at the entrance gate.

Clifford Clendenin & O'Hale, LLP
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It depends on the amount. Generally speaking, less than 1 ounce equals a misdemeanor.

Answer Applies to: North Carolina
Replied: 4/25/2011

Answer By John Carney
Law Offices of John Carney
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I would need to know much more about the circumstances to answer the question. Feel free to call anytime.

Answer Applies to: New York
Replied: 4/7/2011

Answer By Craig Andersen
Andersen Law PLLC
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It's a Federal misdemeanor as long as it was under 40 grams. You will be charged in Federal Court and tried in Federal Court. I may be able to help you out with this if you would please call me at the number below. I need to know more about the circumstances of arrest to give you a detailed explanation.

Answer Applies to: Washington
Replied: 4/4/2011

Answer By Roy L. Reeves
Reeves Law Firm, P.C.
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Possession of Marijuna regardless of whether it is on Federal property or not is classified by the amount and whether or not there was an intent to deliver the marijuana to another person. For example, in Texas, anything over a 1/4 ounce is a State Jail Felony if the intent is to deliver to another person. Whereas less than four ounces is a Class A Misdemeanor and less than 2 ounces is a Class B Misdemeanor if the MJ is for personal consumption.

Texas State law provides that possession of MJ under chapter 481 of the Health and Safety Code as follows: With the intent to deliver - 1/4 ounce or less and no money has exchanged hands = Class B Misdemeanor (FYI - money is used generically here, it can be any exchange of value or services) 1/4 ounce or less and money has exchanged hands = Class A Misdemeanor over 1/4 ounce up to 5 pounds = State Jail Felony more than 5 pounds up to 50 pounds is a 2nd degree felony and more than 50 pounds a is a first degree felony - however if it is more than 2000 pounds, the penalty is enhanced (10 year minimum) Personal consumption/use is treated differently in Texas - Possession of 2 ounces of less is a Class B Misdemeanor Possession of more than 2 ounces but less than 4 ounces is a Class A Misdemeanor more than 4 ounces up to 5 pounds is a State Jail Felony more than 5 pounds up to 50 pounds is a 3rd degree felony more than 50 pounds up to 2000 pounds is a 2nd degree felony and more than 2000 pounds is a 1st degree felony

Federal rules are based on the amount only - the punishment is: If the amount of marijuana is 1000 kilos (approximately 2200 pounds) or more the punishment is not less than 10 years - life if the amount of marijuana is 100 kilos (approximately 220 pounds) or more but less than 1000 kilos, the punishment is 5 - 20 (years) if the amount of marijuana is less than 50 kilos the punishment is not to exceed 5 years imprisonment if the amount is an amount for "personal use" only, it is a civil penalty (fine) not to exceed $10,000 - the fine only option is not available if you have a prior Federal or State conviction for an offense related to a controlled substance. Regardless of whether or not the crime is charged as Federal or State, the punishments change based on prior convictions (enhancements) and other factors (such as if the possession was in a school zone, delivery to a minor, etc.) so these are only the base punishment ranges.

Finally, you need to keep in mind that Possession of a Controlled Substance (including Marijuana) is both a State and Federal Crime. It is not double jeopardy to be charged by both authorities because this is two different laws, two different sovereigns. Albeit, it is not common to get hit by both State and Fed for one possession, remember this is a crime based on the amount in possession, so if it is a small amount, you are less likely to get double whacked. It if is a large amount . . . you can be tried in both Federal and State Court.

Answer Applies to: Texas
Replied: 4/4/2011

Edward  D. Dowling IV Attorney at Law
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I would need further information suchas how much marijuana and if it is a lot ten it will probaly be a felony whether on federal property or not.

Answer Applies to: New York
Replied: 4/4/2011

Answer By Maury Beaulier
Beaulier Law Office
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The answer may depend on the amount of marijuana involved. regardless of the level of the offense, it is a very serious federal offense and, as a result, you should immediately hire legal counsel.

Answer Applies to: Minnesota
Replied: 4/3/2011

Answer By Jared Austin
Austin Legal Services, PLC
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Simple marijuana possession of any amount on federal property is a misdemeanor punishable by up to one-year incarceration. The penalties get steeper each time you are charged. For example, your second such offense on federal property carries a minimum of 15 days in jail. Unless you had an usually high amount or were cultivating marijuana on federal property, it should be a misdemeanor.

Answer Applies to: Michigan
Replied: 4/2/2011

Answer By Thomas J. Tomko
Thomas J. Tomko Attorney At law
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It depends. The quantity has much to do with misdemeanor or felony. For Federal purposes (and in Michigan) marijuana is a Schedule 1 substance. However, in Michigan, a medical marijuana card can block any prosecution for possession charges. (possession with intent to deliver, or manufacture, may be different matters.) A medical marijuana card for purposes of a federal charge is not a var to prosecution.

Answer Applies to: Michigan
Replied: 4/2/2011

Answer By Jules Fiani
Jules N. Fiani, Attorney at Law
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If you were arrested for possession, you need to hire a lawyer. Feel free to let me know if I can help any further.

Answer Applies to: Michigan
Replied: 4/1/2011

Law Office of Phillip Weiser
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This depends upon very specific facts. A small amount can be charged as a misdemeanor in either the Federal or State courts.

Answer Applies to: Kansas
Replied: 4/1/2011

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