Is Marijuana possession charge on Federal property a Felony or Misdemeanor? 23 Answers as of April 26, 2011

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

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Clifford Clendenin & O'Hale, LLP
Clifford Clendenin & O'Hale, LLP | Locke T. Clifford
It depends on the amount. Generally speaking, less than 1 ounce equals a misdemeanor.
Answer Applies to: North Carolina
Replied: 4/26/2011
Law Offices of John Carney
Law Offices of John Carney | John Carney
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: 4/8/2011
Andersen Law PLLC
Andersen Law PLLC | Craig Andersen
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: 4/5/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
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: 4/5/2011
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
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: 4/5/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    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: 4/4/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    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: 4/4/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    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: 4/4/2011
    Jules N. Fiani, Attorney at Law
    Jules N. Fiani, Attorney at Law | Jules Fiani
    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: 4/4/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    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: 4/4/2011
    Avioli Law, P.C.
    Avioli Law, P.C. | Michael Avioli
    Depends on the amount. We handle these regularly.
    Answer Applies to: Missouri
    Replied: 4/4/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    It is whichever the arresting officer cites you for, depending upon quantity and other factors. Either way, federal charges should be taken a lot more seriously than CA state charges the penalties are a lot worse, and federal prosecutors and judges arent as easy to get along with as overworked local DAs seeking a quick plea. If serious about hiring counsel, feel free to contact me.
    Answer Applies to: California
    Replied: 4/4/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    The answer is it depends upon how much marijuana you had possession of at the time you tried to gain entry to federal property. I cannot give you a definitive amount, but if you are in the Armed Forces it would be a good question for a JAG officer to answer.
    Answer Applies to: New York
    Replied: 4/4/2011
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    It depends on quantity and where and by who you were arrested. Pom 1st is a felony in Alabama. Pom 2nd is a misd. in Alabama. You would rather it be state than fed.
    Answer Applies to: Alabama
    Replied: 4/4/2011
    Law Offices of Ramona Hallam
    Law Offices of Ramona Hallam | Ramona Hallam
    You may be charged federal misdemeanor or felony.The prosecutor decides whether to issue a misdemeanor or felony charge of marijuana possession based in part on the amount of marijuana you are alleged to have had in your possession.
    Answer Applies to: California
    Replied: 4/4/2011
    Andrew R. Lynch, P.C.
    Andrew R. Lynch, P.C. | Andrew R. Lynch
    It would depend on the amount of drugs. Please feel free to call me. Thank you.
    Answer Applies to: Georgia
    Replied: 4/4/2011
    Law Office of Michael E. Hendrickson
    Law Office of Michael E. Hendrickson | Michael E. Hendrickson
    Simple possession of marijuana on federal land should be charged as a misdemeanor offense. (Prosecution is in U.S. District court but don't try and handle it yourself without an attorney.)
    Answer Applies to: Virginia
    Replied: 4/4/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    Generally, it would be a misdemeanor, if it is simple possession. I recommend you hire an attorney ASAP!
    Answer Applies to: Georgia
    Replied: 4/4/2011
    Bloom Legal, LLC
    Bloom Legal, LLC | Seth J. Bloom
    If this is your first drug charge and it was for a small amount then there is no reason to expect that you will be charged with anything more than First Offense Misdemeanor possession. Possible sentences include up to 1 year of jail time and/or fines of up to $1000. There is no mandatory minimum sentence for 1st Misdemeanor possession so it is unlikely that you will face significant jail time. That being said, all cases are unique so you should still hire an experienced criminal defense attorney who will be able to work on your behalf for the lowest possible charges and sentences. If you are seeking legal representation in this matter in Louisiana, we invite you to contact our firm at the information on this page for a free case evaluation to determine whether we would be able to assist you.
    Answer Applies to: Louisiana
    Replied: 4/4/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    The charge will probably be a misdemeanor, depending on quantity.
    Answer Applies to: Michigan
    Replied: 4/4/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    If the quantity was below an ounce, Alabama charges you with a misdemeanor. I am unaware of any additional charge just because of the possession occurring on federal property.
    Answer Applies to: Alabama
    Replied: 4/4/2011
    Law Office of Michael Brodsky
    Law Office of Michael Brodsky | Michael Brodsky
    It would depend on the quantity, but generally speaking, a small amount - 40 grams or less - should be a federal misdemeanor.
    Answer Applies to: Washington
    Replied: 4/4/2011
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