The federal statute that deals with distribution of marijuana is 21 U.S.C. Section 841. That statute makes distribution of marijuana a federal crime, over and above simple possession. The penalties for marijuana distribution are (to put it mildly) much more severe. As under New Jersey state marijuana convictions, the penalties will vary, depending on the number of prior convictions, as well as the weight of the marijuana involved. Also similarly to New Jersey marijuana laws, growing of marijuana plants is treated under the same statute as distributing. Here are the penalties:

Federal Penalties on Convictions for Distribution of Marijuana
 
Quantity of Marijuana
First Conviction Second Conviction Convictions after Two
One thousand kilograms or more, or one thousand or more marijuana plants, regardless of weight Imprisonment between ten years and life, fine up to $10,000,000.00, or both Imprisonment between twenty years and life, fine up to $20,000,000.00, or both Imprisonment for life without parole, and fine up to $20,000,000.00
One hundred kilograms or more, or one hundred or more marijuana plants, regardless of weight Imprisonment between five and forty years, fine up to $5,000,000.00, or both Imprisonment between ten years and life, fine up to $8,000,000.00, or both Imprisonment between ten years and life, fine up to $8,000,000.00, or both (same as second conviction)
Fifty kilograms or more Imprisonment for up to twenty years, fine up to $1,000,000.00, or both Imprisonment for up to thirty years, fine up to $2,000,000.00, or both Imprisonment for up to thirty years, fine up to $2,000,000.00, or both (same as for second conviction)
Less than fifty kilograms, or fifty or more marijuana plants, regardless of weight Imprisonment for up to five years, fine up to $250,000.00, or both Imprisonment for up to ten years, fine up to $500,000.00, or both Imprisonment for up to ten years, fine up to $500,000.00, or both (same as for second conviction)
“A small amount of marijuana” for no remuneration Imprisonment for up to one year, fine of $1,000.00 or more, or both, plus “reasonable costs of the investigation and prosecution” Imprisonment for fifteen days to two years, fine up to $2,500.00, or both, plus “reasonable costs of the investigation and prosecution” Imprisonment for ninety days to three years, fine up to $5,000.00, or both, plus “reasonable costs of the investigation and prosecution”

When determining whether a person is to be sentenced as a second (or subsequent) offender, previous convictions need not have been convictions for federal drug crimes. They may have been convictions for federal crimes, State crimes, or any combination of the two. Nor need the prior conviction have been for distribution. Convictions for simple possession for personal use will qualify as prior convictions if the State or federal jurisdiction in which the convictions occurred classified the offense as a felony. However, convictions will be considered “previous” convictions only if the prior convictions or conviction “has become final.”

Numerous factors can enhance the federal penalties indicated above. One penalty-enhancing factor is distribution to a person under twenty-one years of age. A second penalty-enhancing factor is when the distribution (or growing) occurred in or near a school or college. Still another penalty-enhancing factor involves using persons under age eighteen in the operation. The penalties escalate also when death or serious bodily injury result from distributing this deadly weed. And God help you if you carried a gun while commiting the offense. If the convicted person is not an individual (e.g. a corporation), the penalties indicated above are all increased. For example, the maximum fine for a corporation convicted a third time for distributing 1,000 or more marijuana plants is $75,000,000.00.

NJ Marijuana Lawyer and NJ Criminal Defense Lawyer NJ Law Offices of Allan MarainAllan Marain is a New Jersey federal marijuana defense lawyer. His experience representing persons charged with marijuana- and drug related crimes exceeds forty-five years. He is available to discuss your federal marijuana distribution or growing charges, in a no-charge no-obligation office conference. Call him!

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“He has erected a multitude of New Offices, and sent hither swarms of officers to harass our people and eat out their substance.

--The Declaration of Independence


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“Chris Christie is a disgrace not just to NJ and the USA, but to humanity as a whole. His refusal to acknowledge the majority in this country of cannabis supporters is appalling. He is literally the cancer killing our country and we need to bury this sack of garbage in a landfill FAR FAR away from politics.”

--Jason Mueller, June 30, 2015,
Responding on Yahoo! to Chris Christie announcement
that he is seeking to be President of the United States




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Reefer, pot, weed, grass, Mary Jane, cannabis, ganja, dope, marijuana, marihuana: Call it what you will, spell it as you please, we will defend marijuana charges against you with the benefit of approximately seventy years combined experience handling marijuana and marijuana-related arrests. Centrally located in Middlesex County, New Jersey marijuana lawyers Marain and Epting also handle marijuana arrests and charges arising in Bergen, Burlington, Hunterdon, Mercer, Monmouth, Morris, Ocean, Somerset, Sussex, Union, and Warren Counties. Their cases have included marijuana arrests at the Sports Complex, and at the PNC Arts Center in Holmdel. Other frequent hot spots for marijuana arrests handled include Seabright, and Seaside Heights. Rutgers University arrests in New Brunswick and Piscataway number among the frequent fliers. Arrested elsewhere? Call anyway. We can suggest experienced marijuana lawyers in other New Jersey counties, and even in states other than New Jersey.

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