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 and Norman Epting, Jr. are New Jersey federal marijuana defense lawyers. Their combined experience representing persons charged with marijuana- and drug related crimes exceeds sixty-five years. They are available to discuss your federal marijuana distribution or growing charges, in a no-charge no-obligation office conference. Call them!

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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. Towns that we cover include Asbury Park, Bedminster, Belleville in Essex County, Bergenfield, Berkeley Heights, Bernards Township, Bernardsville in Union county, Bogota, Bound Brook, Branchburg, Brick in Monmouth County, Bridgewater, Clifton, Clinton in Hunterdon County, Closter, Cranbury, Cranford, Cresskill in Bergen County, Deal, Demarest, Denville, Dover in Morris County, Dumont, Dunellen, East Brunswick in Middlesex County, East Rutherford, East Windsor, Edison in Middlesex County, Elizabeth, Emerson, Englewood, Englishtown in Monmouth County, Ewing, Fair Lawn, Franklin Township, Freehold, Garfield, Garwood, Hackensack, Highland Park in Middlesex County, Hillsborough, Hillsdale, Hillside in Union County, Jersey City, Kearny, Kenilworth in Union County, Lakewood, Lawrence Township, Mahwah in Bergen County, Manville, Marlboro, Matawan, Metuchen, Middlesex Borough in Middlesex County, Monroe, Mountainside, New Brunswick, North Brunswick in Middlesex County, Nutley, Old Bridge, Paramus, Parsippany, Paterson, Perth Amboy in Middlesex County, Piscataway, Plainfield, Plainsboro, Point Pleasant, Princeton in Mercen County, Rahway, Raritan, Readington, Red Bank in Monmouth County, Ridgefield, Ridgefield Park, Ridgewood, Robbinsville in Mercer County, Rockaway, Rocky Hill, Roselle, Roselle Park, Rutherford in Bergen County, Sayreville, Scotch Plains, Seabright, Seaside Heights in Ocean County, Seaside Park, Secaucus, Shrewsbury, Somerville, South Amboy in Middlesex County, South Bound Brook, South Brunswick, South Orange, South Plainfield, South River, Sparta, Spotswood in Middlesex County, Summit, Teaneck, Tenafly, Toms River, Trenton, Union, Wall, Warren, Washington, Watchung, West Windsor, Westfield in Union County, Woodbridge, and other communities in Bergen County, Mercer County, Middlesex County, Monmouth County, Ocean County, Somerset County, Sussex County, Union County, and Warren County. 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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