Felony Drug Possession: I Need Someone Who Knows Alot Bout the CALIFORNIA FEDERAL COURT & Weed.?
Question by peezy_jennifer: I need someone who knows alot bout the CALIFORNIA FEDERAL COURT & weed.?
k so this is the story,
me & my friend (who has a cannabis card & is legally allowed to have 8 ounces on him in our county) got caught on federal property in san fransisco wit 2 ounces on us JUST BECAUSE we were on federal grounds which we DIDN’T know we BOTH got charged for possession of over an ounce on us & have to appear in federal court in about a month even though he’s claiming it as HIS weed but it was my car.
basically I just wanna know what could happen to us if we go to court, are either of us looking at jail time or what could happen?
if you needa know more info bout what happened let me know I need all the info I can get so I can stop stressin bout this!
& you know what suuuucks they took everything. $ 600+ of my friends weed PLUS $ 100+ of the weed we just bought at the club before we got caught up & didn’t even get to smoke any of it.
BAAAAD DAYYYY =(
Best answer:
Answer by rickinnocal
1) The California medical marijuana law has absolutely no effect at all on Federal property. When you are on a Federal reservation, you are subject to Federal law. Marijuana is illegal under Federal law.
2) “Possession” is a crime of access, not of ownership. If the pot was in your car then you were in possession of it unless you can prove to the court that you had no access to it – for example it was in the pocket of a coat that he was wearing.
3) Distribution is a serious crime. If the police or US Attorney believe that he was going to let you smoke some of his pot, that is possession with intent to distribute, which is a felony. (Note that if he has a Medical Marijuana card and you do not, and he lets you smoke some of his pot, that is distribution even under CA law – and a felony.)
4) Under the Federal drug laws, yes, you can both be facing jail time. The Federal sentencing guidelines for first offense simple possession of a small amount is a fine of $ 1,000 to $ 2,500 plus 6-12 months Federal time. For a first offense, if they do not charge a possession count, you can probably expect the top end of the fine bracket, but with probation or a suspended prison term. You can also expect your car to be forfeited to the Federal Government if you are convicted.
Richard
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