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Legal Topics > Criminal Law and Police > General/Other - Criminal Law and Police > Drug Crimes

What is marijuana?

Marijuana, derived from the cannabis plant, is typically ingested through inhalation. Marijuana is a Schedule I drug according to the federal government, but many states have begun a process of decriminalization, most typically through medical marijuana initiatives.

Federal Prosecution
Like most other illicit drugs, marijuana use is not typically prosecuted under federal law. However, over recent years, the federal government has shifted considerable attention on the international and domestic marijuana trade. This focus is aimed primarily at disrupting domestic growers and distributors, as well as stopping importation of marijuana from foreign countries.

State Prosecution
States have a wide range of fines and penalties for anything from mere possession to the sale of large quantities. The following is a breakdown of the parameters of state prosecution:

  • Possession
    • Minimum/Maximum Fine - $100-$150,000
    • Minimum/Maximum Jail Time - 3 days-5 years
  • Sale
    • Minimum/Maximum Fine - $100-$500,000
    • Minimum/Maximum Jail Time - 6 months-Life in Prison

Should I Hire an Attorney if I Have Been Accused or Arrested for the Possession or Sale of Marijuana?
If you have been accused of or arrested for possessing or selling marijuana, you may find the aid of a criminal defense attorney extremely helpful. The advice of a defense attorney may help you understand both the procedural aspects of criminal prosecution and local attitudes in your jurisdiction toward prosecution for possession of this drug.

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