Los Angeles Federal Marijuana Defense Lawyers

Los Angeles Drug Crime Attorneys Defend Against Federal Marijuana Charges

When facing marijuana charges in Los Angeles, you can benefit from the services of an experienced defense counsel at Werksman Jackson & Quinn LLP. Our defense strategies are backed by extensive legal experience, including federal defense work and prosecution backgrounds.

At Werksman Jackson & Quinn LLP, we are proud to have the most experienced, successful criminal lawyers in California who can walk into any courtroom anywhere in the country to get you a favorable result. The federal defense prowess of Mark Werksman, the prosecutorial insights of Alan Jackson, and the specialization in writs and appeals of Kelly Quinn will not go unnoticed.

Contact our Los Angeles criminal defense law firm at (213) 688-0460 for strategic advocacy and a proven track record of client success.

Options When Faced with Federal Cannabis Charges in Los Angeles

Although marijuana is legalized in California for medical and recreational use, it is still a Schedule I drug under federal law. Both possession and distribution of marijuana are illegal under the federal Controlled Substances Act. Possession of even a small amount of marijuana with no intent to sell is a misdemeanor under federal law, punishable by up to one year in prison and a fine of up to $1,000.

When a conflict exists between state and federal laws, federal law prevails. Provided you abide by the laws of the state in which you live and do not sell marijuana across state lines, federal law enforcement may not choose to prosecute. However, there is still a risk of federal criminal charges for medical marijuana patients and business owners in California.

What You Should Know About Marijuana Under the Controlled Substances Act

The Controlled Substances Act (CSA) is a federal law regulating the manufacture, distribution, and possession of drugs. It categorizes substances into five schedules based on their potential for abuse, medical use, and safety.

The Controlled Substances Act (CSA) in the United States categorizes substances into five schedules based on their potential for abuse, medical use, and safety profile. These schedules are:

• Schedule I: Substances in this schedule have a high potential for abuse, no currently accepted medical use in treatment in the United States, and a lack of accepted safety for use under medical supervision.
• Schedule II: Substances in this schedule have a high potential for abuse, but they do have currently accepted medical uses in treatment in the United States. Abuse of these drugs may lead to severe psychological or physical dependence.
• Schedule III: Substances in this schedule have a potential for abuse less than substances in Schedules I or II, have currently accepted medical uses in treatment in the United States, and abuse of them may lead to moderate or low physical dependence or high psychological dependence.
• Schedule IV: Substances in this schedule have a lower potential for abuse relative to substances in Schedule III, have currently accepted medical uses in treatment in the United States, and abuse of them may lead to limited physical dependence or psychological dependence relative to substances in Schedule III.
• Schedule V: Substances in this schedule have a lower potential for abuse relative to substances listed in Schedule IV, have currently accepted medical uses in treatment in the United States, and consist primarily of preparations containing limited quantities of certain narcotics.

Marijuana is classified as a Schedule I drug, deemed to have a high potential for abuse, no accepted medical use, and lack of accepted safety for use under medical supervision. This classification severely restricts research, medical access, and legal penalties for possession or distribution. Despite evolving attitudes towards marijuana, its Schedule I status remains a contentious issue in drug policy and legislation.

When Can Los Angeles Defendants Be Charged with a Federal Marijuana Crime?

California residents can find themselves facing marijuana charges in various situations.

• Business Owners: Even fully licensed marijuana dispensaries can be raided by the DEA. (As a side note, despite the fact that medical marijuana was legalized in California in 1996 and has grown into a multi-billion-dollar industry, business owners may find it challenging to obtain licensing and financing. Banks and other lending institutions are not permitted to grant loans to legitimate marijuana dispensaries because of the drug’s federal Schedule I status.)
• Medical Marijuana Patients: Medical marijuana cardholders are legally allowed to buy, use, and transport marijuana for personal use. Under federal law, a legitimate cardholder could be arrested and charged with possession.
• Transporting Cannabis: You can purchase one ounce of marijuana at a time or eight grams of edibles or other marijuana products under current state law. But when you take it home, open container laws designed to curtail drinking and driving also apply to marijuana.
• Outside the Home: Smoking marijuana is not permitted outside the home, while driving, or in open areas such as public parks, concerts, or events.
• Selling Marijuana: Possession of marijuana with intent to sell remains a serious crime in California. If a firearm is found on your person, the penalties are even more severe.

What Are Penalties for a Federal Marijuana Crime Conviction in Los Angeles?

Under federal law, possession of any amount of marijuana is a misdemeanor offense. The question of quantity only comes into play with charges of growing or selling cannabis. Penalties for possession under U.S. sentencing guidelines are:

• First Offense: A first marijuana possession offense is a misdemeanor that carries penalties of up to one year in jail and fines of up to $1,000.
• Second Offense. This is also charged as a misdemeanor. Penalties are up to two years of jail time with a mandatory minimum of 15 days and fines of up to $2,500.
• Third or Subsequent Offense: This could be prosecuted as either a misdemeanor or a felony. Penalties include up to three years in jail with a 90-day mandatory minimum and fines of up to $5,000.

Penalties for growing or selling marijuana are more severe than penalties for possession. They range from up to five years in jail and fines of up to $250,000 for less than 50 plants (growing) or less than 50 kg (selling) to imprisonment for 10 years to life and $1,000,000 in fines for 1,000 plants or kilograms or more.

The Link Between Federal Marijuana Charges, Asset Forfeiture, and Financial Consequences

Asset forfeiture in marijuana criminal cases occurs when law enforcement seized property, bank accounts, and assets related to federal charges. Under asset forfeiture laws, individuals facing such charges risk losing their possessions even before conviction, including homes, vehicles, and cash. Strategies for protecting assets involve meticulous documentation of legal income sources and proving no connection to illegal activities.

It is imperative to have the protection of experienced legal counsel in asset forfeiture proceedings. Minimizing financial consequences requires proactive measures such as asset protection trusts or transferring assets to trusted entities. Nonetheless, asset forfeiture laws present significant challenges for those entangled in federal marijuana prosecutions.

Common Defenses Used Against Federal Marijuana Charges

There may be defenses available to you if you are facing federal marijuana charges in Los Angeles. Common defenses include:

1. Lack of Possession: This defense argues that you were not in possession of the marijuana in question. For example, if the marijuana was found in a shared space or in a vehicle where multiple people had access, you can argue that you did not have control or knowledge of the marijuana’s presence.
2. Legal Possession: This defense asserts that you were in lawful possession of the marijuana according to state or federal laws. For instance, if you are a registered medical marijuana patient or were operating within the bounds of a state’s recreational marijuana laws, you may be able to argue that your possession was legal.
3. Illegal Stop or Search: This defense challenges the legality of law enforcement’s actions leading to the discovery of the marijuana. If the police stopped or searched you without reasonable suspicion or probable cause, any evidence obtained from that stop or search may be deemed inadmissible in court.
4. Invalid Search Warrant: If law enforcement obtained a search warrant to search your property, but the warrant was issued based on inaccurate information or lacked probable cause, you can challenge the validity of the warrant. Any evidence obtained through the search can be suppressed if the warrant is deemed invalid.
5. Illegal Surveillance: This defense challenges the methods used by law enforcement to gather evidence, such as wiretapping or other forms of surveillance. If the surveillance methods used were not conducted in accordance with the law or violated your constitutional rights, any evidence obtained through such means may be excluded from trial.

Mitigation Strategies and Plea Bargaining for Federal Marijuana Charges

Mitigation strategies for federal marijuana charges in Los Angeles involve negotiating with prosecutors to reduce charges or penalties. Options include cooperating with authorities, providing information, or demonstrating mitigating circumstances.

Plea bargaining plays a pivotal role, offering defendants the chance to plead guilty to lesser charges in exchange for reduced sentences or alternative sentencing, such as diversion programs or probation. It allows defendants to avoid harsher penalties associated with trial outcomes while providing prosecutors with efficiency in case resolution. However, plea bargaining requires careful consideration, as accepting a plea may entail admitting guilt and sacrificing the right to a trial. It’s a complex legal process with potential benefits and risks for defendants.

Contact Our Los Angeles Federal Marijuana Crime Defense Lawyers for Legal Counsel

Criminal defense attorneys play a crucial role in assisting individuals charged with marijuana crimes. They provide legal guidance and representation throughout the legal process, ensuring defendants understand their rights and options. Los Angeles federal marijuana defense lawyers investigate the case, gather evidence, and develop strategies to challenge the prosecution’s arguments. They may negotiate with prosecutors to mitigate charges or penalties, explore diversion programs, or pursue alternative sentencing options.

Additionally, defense attorneys advocate for their clients in court, presenting compelling arguments and challenging evidence to pursue the best possible outcome, whether an acquittal, reduced charges, or minimized penalties. Their experience and advocacy are essential for protecting defendants’ rights and interests.

Our Los Angeles drug crime defense attorneys at Werksman Jackson & Quinn LLP will use every possible defense to fight for the best outcome in your case. Contact us at (213) 688-0460 to schedule a free initial consultation.

Additional Information

• How Grand Jury Subpoenas Work in Federal Investigations
• The Role of Media in High-Profile Federal Cases
• Search Warrants in Federal Investigations: Know Your Rights
• How Is Jurisdiction Determined Between State, Local, and Federal Governments?