When most people think of an arrest for a marijuana crime in New York, they likely envision someone caught smoking a joint or an individual who is accused of being a local drug dealer. However, federal marijuana drug cases typically entail the involvement of federal agencies like the Drug Enforcement Agency (DEA), Federal Bureau of Investigation (FBI), or Federal Customs agents and may involve hundreds of pounds or even tons of marijuana. These agencies investigate marijuana cases that involve many potential defendants involved in the cultivation, sale, and distribution of significant quantities of marijuana.

Most marijuana criminal cases are handled in state court; therefore, many criminal defense attorneys lack experience defending clients charged with marijuana offenses in Federal Court. Our federal marijuana defense attorneys at Greco  Neyland, PC regularly defend clients in the federal courtrooms of the Southern District and Eastern District of New York. When you are charged with a marijuana offense in Federal Court, you risk the potential for a lengthy prison term. Further, judges that preside over federal drug cases do not have the flexibility in sentencing entrusted to state court judges. Federal judges must impose sentences according to a complex matrix that involves longer maximums than state court and mandatory minimums in many cases.

When you face exposure to many years in federal prison, you cannot afford to take chances with a federal marijuana defense attorney who does not have a wealth of experience defending people charged with drug crimes in Federal Court. The procedures, rules of evidence, and court rules differ substantially in Federal Court as compared to State Court, so you need a law firm that regularly takes on the Assistant United States Attorney in federal drug cases. The partners that established our law firm not only have a proven track record of success defending individuals charged with federal marijuana crimes, but they also offer the experience of former drug prosecutors.

Penalties for Marijuana Sales or Cultivation in NY Federal Courts

The FBI and DEA consider a range of evidence when making a determination that a person should be charged with selling cannabis. This evidence may include:

• Possession of large amounts of marijuana, scales, baggies, documents related to sales, multiple cell phones, and other drug paraphernalia;
• The quantity of marijuana; and
• The number of marijuana plants.
• Punishment for Selling Marijuana

The penalty that an individual who had been charged with a crime involving the sale of marijuana depends on the amount of marijuana involved in the charged offense. A couple of the standard sentences include:

Quantity: 50 kilos (102 lbs.)

Prison Term: 5 year maximum

Maximum Fine: $250,000

Quantity: 100 kilos (220 lbs.)

Prison Term: 5 year mandatory minimum up to 40 years

Maximum Fine: $500,000

These severe penalties double if the marijuana is sold to a minor or within a thousand feet of a school. A person also can be convicted for a maximum three year term for selling paraphernalia like bongs, rolling paper, pipes, and other items associated with the use of marijuana.

Punishment for Marijuana Cultivation under Federal Drug Laws

Like the penalties imposed for the sale of marijuana based on the quantity of the drug, punishment for cultivation is based on the number of marijuana plants.

Number of Plants: Fewer than 50 plants

Prison Term: 5 year maximum

Maximum Fine: $250,000

 

Number of Plants: 50-99 plants

Prison Term: 20 year maximum

Maximum Fine: $1,000,000

 

Number of Plants: 100-999 plants

Prison Term: 5 year mandatory minimum up to 40 years

Maximum Fine: $500,000

This is a simplification of federal sentencing pertaining to marijuana offenses because there are many exceptions and other factors that can impact the sentence imposed by a federal judge. If you are facing these types of penalties, you need federal marijuana defense attorneys who are prepared to take your case to trial and tenaciously fight for your future.

Providing Effective Defense in Federal Marijuana Cases

When you are up against a mandatory minimum without parole, you need federal drug defense attorneys rather than attorneys devoted almost exclusive to state court. Because our attorneys at Greco  Neyland, PC routinely handle federal criminal defense, our offices are conveniently located close to the Southern District Federal Courthouse and the Eastern District Federal Courthouse. Please call us today at (914) 898-8800 or click here to schedule your free consultation, so we can start fighting for you.