http://www.420magazine.com/forums/ en Sun, 22 Nov 2009 00:07:22 GMT vBulletin 60 http://www.420magazine.com/forums/images_greenish/misc/rss.jpg http://www.420magazine.com/forums/ http://www.420magazine.com/forums/u-s/106294-federal-laws.html Tue, 17 Nov 2009 04:23:05 GMT I have been trying to locate the federal laws on Marijuana and did not see anything outlining them on this site. FEDERAL - NORML (http://norml.org/index.cfm?Group_ID=4575) is link to the Federal Laws listed at Normal ASA*:*Federal Marijuana Law... I have been trying to locate the federal laws on Marijuana and did not see anything outlining them on this site.

FEDERAL - NORML is link to the Federal Laws listed at Normal

ASA*:*Federal Marijuana Law is another article disscussing the laws and defines # of plants.

Federal Laws.


Possession
Any amount (first offense) misdemeanor 1 year$1,000
Any amount (second offense)misdemeanor15 days MMS*$2,500
Any amount (subsequent offense)misdemeanor or felony 90 days MMS* - 3 years$5,000*Mandatory minimum sentence.

Sale or Cultivation

Less than 50 kg felony 5 years $250,000
50 to 100 kg felony 20 years $1,000,000
100 to 1,000kg felony 5 - 40 years $2,000,000
1000 kg or more felony 10 years - life $4,000,000
60,0000 kg or mroe felony life - death

100 to 999 Plants 5 years (4.3 years before eligible for parole)MMS 10years (8.5 years before eligible for parole) MMS w/ prior felony drug coviction
1000+ plants 10 years MMS 20years MMS prior felony drug conviction Life w/ 2 prior felony drug convictions
60,000+ Plants Life - Death

To a minor felony double penalties

Within 1,000 feet of a school, or other specified areas felony double penalties

Gift of small amount see Possession

In addition to the sentencing guidelines, there are statutory mandatory minimum sentences, which remain in effect after United States v. Booker and primarily target offenses involving large amounts of marijuana. There is a five-year mandatory minimum for cultivation of 100 plants or possession of 100kgs, and there is a ten-year mandatory minimum for these offenses if the defendant has a prior felony drug conviction. Cultivation or possession of 1000kg or 1000 plants triggers a ten-year mandatory minimum, with a twenty-year mandatory sentence if the defendant has one prior felony drug conviction, and a life sentence with two prior felony drug convictions. To avoid a five-year mandatory minimum, it is advisable to stay well below 100 plants, including any rooted cuttings or clones.

The sentence of death can be carried out on a defendant who has been found guilty of manufacturing, importing or distributing a controlled substance if the act was committed as part of a continuing criminal enterprise – but only if the defendant is (1) the principal administrator, organizer, or leader of the enterprise or is one of several such principal administrators, organizers, or leaders, and (2) the quantity of the controlled substance is 60,000 kilograms or more of a mixture or substance containing a detectable amount of marijuana, or 60,000 or more marijuana plants, or the if the enterprise received more than $20 million in gross receipts during any 12-month period of its existence.


Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...) Paraphernalia sale felony 3 years No Fine

Possession of marijuana is punishable by up to one year in jail and a minimum fine of $1,000 for a first conviction. For a second conviction, the penalties increase to a 15-day mandatory minimum sentence with a maximum of two years in prison and a fine of up to $2,500. Subsequent convictions carry a 90-day mandatory minimum sentence and a maximum of up to three years in prison and a fine of up to $5,000.


Distribution of a small amount of marijuana, for no remuneration, is treated as possession.

Manufacture or distribution of less than 50 kilograms of marijuana is punishable by up to five years in prison and a fine of up to $250,000. For 50 kilograms or more the penalty increases to a possible 20 years in prison and a fine of up to $1,000,000. Manufacture or distribution of 100 kilograms or more carries a penalty of 5 - 40 years in prison and a fine of up to $2,000,000. For 1000 kilograms or more, the penalty increases to 10 years - life in prison and a fine of up to $4,000,000.

Distribution of greater than 5 grams of marijuana to a minor under the age of 21 doubles the possible penalties. Distribution within 1,000 feet of a school, playground, public housing or within 100 feet of a youth center, public pool or video arcade also doubles the possible penalties.

The sale of paraphernalia is punishable by up to three years in prison.

Mandatory minimum sentence: When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to "life MMS" must serve a life sentence with no chance of parole. ]]> U.S.A StormChaos http://www.420magazine.com/forums/u-s/106294-federal-laws.html