Federal Marijuana Trafficking

Marijuana trafficking and distribution cases can be prosecuted in both state and federal courts. In most cases, the federal charges are more severe because they carry mandatory minimum punishments for the offenses. These charges should be taken seriously, no matter the situation. In some instances, the crime could be charged as a state and a federal offense.

For instance, if you are caught importing marijuana into Texas from Mexico, you can be charged with a federal or state drug trafficking offense, or both. You can be charged with a federal offense for crossing the border between two countries with intent to sell marijuana and a state offense for attempting to sell within the state borders.

Federal Marijuana Trafficking Attorney in San Antonio, TX

Federal charges always should be taken seriously, especially if you are accused of transporting an illegal substance. If you are facing charges of marijuana trafficking, contact a federal drug crime defense lawyer at Goldstein, Goldstein, Hilley & Orr. The attorneys are members of the NORML National Legal Committee and have experience handling complex marijuana cases.

Attorney Gerald H. Goldstein is particularly active in the NORML National Legal Committee. He often is called upon to speak to other criminal defense attorneys about marijuana defense issues at the organizations annual legal seminars in Aspen, Colorado and Key West, Florida. In fact, in December of 1999, the National Legal Committee of NORML awarded Gerry Goldstein with its highest honor, the Al Horn Memorial Award for Lifetime Achievement.

Our offices are located in San Antonio, and we represent clients both state and federal court throughout Texas. Call (210) 226-1463 today to discuss the facts of your case with one of our attorneys. The first phone consultation is free.


Information About Federal Marijuana Trafficking


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Federal Marijuana Trafficking Offenses

Trafficking involves the sale, purchase, cultivation, delivery, importation or possession of specific quantities of a controlled substance. Federal offenses for trafficking marijuana are described in the Controlled Substance Act under 21 U.S.C. § 807 et seq.

Marijuana is classified as a Schedule I drug, which means it is extremely likely to be abused and has no other known or accepted medical uses, despite some states approving medical marijuana use. Under federal law the substance still is considered illegal, and a person still could be charged with trafficking in federal courts.


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Penalties for Trafficking Cannabis Under Federal Law

For less than 50 kilograms of marijuana (but does not include 50 or more marijuana plants regardless of weight) or 1 to 49 marijuana plants or 10 kilograms or less of Hashish or 1 kilogram or less of Hashish Oil the penalties include:

  • First Offense: Not more than five years imprisonment and a fine of not more than $250,000, or a $1 million fine if other than an individual
  • Second Offense: Not more than 10 years imprisonment and a fine of $500,000 if an individual, and a fine of $2 million if other than individual

For 50 to 99 kilograms marijuana mixture, 50 to 99 marijuana plants or more than 10 kilograms of Hashish the penalties include:

  • First Offense: Not more than 20 years imprisonment. If death or serious bodily injury, not less than 20 years or more than life. Fine of $1 million if an individual or $5 million if other than an individual
  • Second Offense: Not more than 30 years imprisonment if death or serious bodily injury, life imprisonment. Fine of $2 million if an individual, $10 million if other than an individual

For 100 to 999 kilograms of marijuana mixture or 100 to 999 marijuana plants the penalties include:

  • First Offense: Not less than five years or more than 40 years imprisonment. If death or serious bodily injury, not less than 20 years or more than life. Fine of not more than $5 million if an individual or $25 million if other than an individual
  • Second Offense: Not less than 10 years imprisonment or more than life. If death or serious bodily injury, life imprisonment. Fine of not more than $8 million if an individual or $50 million if other than an individual

For 1,000 kilograms or more marijuana mixture or 1,000 or more marijuana plants the penalties include:

  • First Offense: Not less than 10 years imprisonment or more than life. If death or serious bodily injury, not less than 20 years or more than life. Fine of not more than $10 million if an individual or $50 million if other than an individual
  • Second Offense: Not less than 20 years imprisonment or more than life. If death or serious bodily injury, life imprisonment. Fine of not more than $20 million if an individual or $75 million if other than an individual

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Defenses to Trafficking Charges

Being charged with a federal crime could be overwhelming, and it could feel like there are no options. However, there could be marijuana defenses even to federal marijuana trafficking charges. For instance, an attorney could argue the marijuana was not in your possession or it belonged to someone else.

The attorneys at Goldstein, Goldstein, Hilley & Orr can examine the facts of your case to determine if the evidence used against you was found through an illegal search or seizure. An attorney also could work with you to determine if entrapment due to the involvement of an undercover agent or confidential informant.


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Finding a Lawyer for Federal Marijuana Offenses in Texas

If you are facing federal cannabis trafficking charges, contact an experienced federal defense attorney at Goldstein, Goldstein, Hilley & Orr. Our attorneys have years of experienced representing clients in federal cases, and we can help you get the best possible outcome. 

Call (210) 226-1463 for a free consultation.


This article was last updated on Friday, November 22, 2017.

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