Search
866-630-2389
Roberts Law Group, PLLC
North Carolina Criminal Defense Attorneys
We FIGHT to Get Results
We FIGHT to Get Results

Personal Possession Of Marijuana Legal And Illegal At The Same Time

Colorado and Washington voters decided to legalize the possession of marijuana for personal consumption in their state when they went to the polls yesterday. Anyone 21 years old or older is no longer breaking state drug laws if they possess 28.5 grams (1 ounce) of marijuana or less.

Both states allow for legal distribution of the once-illegal drug. Shops can be licensed similar to liquor stores and will have to pay taxes on marijuana sales. Colorado will allow individuals to grow their own pot, subject to certain limits on quantity; Washington still does not allow cultivation of marijuana.

What's the catch? Possession of marijuana is still a federal drug crime. Recently, re-elected President Obama has called for a crackdown on pot, aimed at rooting out grow houses whose produce exceed what is needed to supply medical marijuana recipients in states like California.

When charged as a federal drug offense, possession of marijuana is considered the illegal possession of a schedule I controlled substance. All federal marijuana drug offenses can potentially mean a prison sentence after conviction. If sentenced to prison time for a federal marijuana charge, you should expect to serve at least 85 percent of the sentence; early release from federal prisons is much different than early release from state prisons.

The point is twofold:

1- Marijuana is still illegal in North Carolina, at both the state and federal level

2- State laws that make marijuana possession, use or cultivation legal do not trump federal laws that criminalize the same behavior.

If you are facing a drug charge, an attorney in your area can help you understand the severity of the accusation and the possible sentence if you are convicted.

Source: Reuters, "Colorado, Washington first states to legalize recreational pot," November 7, 2012

Client Reviews

Get Legal Help Now
Let Us Help You

Put our team of criminal defense lawyers on your side today. You are one phone call or email away from getting your questions answered by an experienced defense attorney.

Call now to set up a free consultation.

Fill out the form below for a Free Consultation.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close
Nation's Top One Percent - National Association of Distinguished Counsel - NADC Top 100 Trial Lawyers - The National Trial Lawyers LC - Lead Counsel Rated BBB Accredited Business - Rating: A+ National College for DUI Defense - General Member Client Distinction Award Super Lawyers Avvo Rating 10.0 Superb - Top Attorney Criminal Defense

Call 866-630-2389 to schedule a free initial consultation.
Offices open weekdays 8am - 7pm, Saturdays 9am - 5pm