NJ Federal Marijuana Charge Lawyer

Federal Marijuana Charges in New Jersey

Although marijuana laws are relaxing at the state level, cannabis remains strictly prohibited under federal law. This creates a complex legal landscape for marijuana crimes that cross state and federal jurisdictions. If you are facing federal marijuana charges in New Jersey, engaging an experienced criminal defense lawyer is critical.

This article provides an overview of federal cannabis laws, potential defenses, sentencing, and how an attorney can help fight the charges. The stakes are high, so building an aggressive legal strategy is essential.

Federal Marijuana Laws

Under the federal Controlled Substances Act, marijuana is classified as a Schedule I drug with no accepted medical use and a high potential for abuse. Possessing any amount of cannabis is illegal federally and subject to criminal penalties.

Common federal marijuana crimes include:[1]

• Possession of any amount of marijuana
• Cultivating or growing cannabis plants
• Selling or distributing marijuana
• Trafficking large quantities across state lines
• Mailing or shipping cannabis through the USPS

These federal offenses are prosecuted by the U.S. Attorney’s Office and DEA under statutes like 21 U.S.C. 841 and 21 U.S.C. 844. Charges often involve overlapping state and federal jurisdictions.

Defenses Against Federal Marijuana Charges

There are defenses that may get federal marijuana charges dismissed or reduced. Some examples include:

• Illegal Search – Evidence can be suppressed if obtained through a unconstitutional search.
• No Possession – You can argue the marijuana was not actually in your possession.
• No Intent to Distribute – The prosecution must prove you planned to sell or distribute the cannabis.
• Medical Necessity – Marijuana was used for a documented health condition.
• Entrapment – You were illegally induced to commit the crime.

An experienced federal criminal defense lawyer can evaluate potential defenses based on the specifics of your case. Having skilled legal counsel in your corner can make all the difference.[2]

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Load more

Google rating score: 4.9 of 5, based on 736 reviews

Penalties for Federal Marijuana Crimes

Below is an overview of potential penalties for federal cannabis charges:

• Possession – Up to 1 year in prison and a $1,000 fine for a first offense. Penalties escalate for repeat offenses.
• Cultivation – 5-40 years in prison depending on the number of plants.
• Sale/Distribution – Up to 5 years in prison for small amounts; up to life imprisonment for large quantities or if sold to minors.
• Trafficking – 10 years to life in prison depending on the amount trafficked across state lines and other factors.

Federal sentencing guidelines take into account the defendant’s criminal history and other aggravating factors. Mandatory minimum sentences limit judicial discretion.[3]

What to Expect If Facing Charges

Being charged with a federal marijuana crime is scary. Here is a basic overview of what to expect:

1. Arrest by federal agents such as the DEA or FBI.
2. Appearance before a federal magistrate judge for an initial hearing.
3. Hiring of a federal criminal defense lawyer to start building your case.
4. Detention hearing to determine bail conditions and pretrial release.
5. Filing of an indictment by the U.S. Attorney’s Office.
6. Your formal arraignment where charges are read and a plea entered.
7. Extensive pretrial process including motions and discovery.
8. Plea negotiations between your lawyer and the federal prosecutor.
9. Trial if no plea agreement reached.

Exercise your right to remain silent from the moment of arrest and only speak through your attorney. Be calm and compliant during the arrest, but do not answer any substantive questions.[4]

Finding an Experienced Federal Marijuana Lawyer

Your choice of lawyer is absolutely critical for federal marijuana charges. Key credentials to look for include:

• Experience handling complex federal cannabis cases
• In-depth knowledge of marijuana laws and federal sentencing guidelines
• Familiarity with the federal court system and prosecutors
• Ability to negotiate firmly with U.S. Attorney’s Office
• Willingness to zealously defend you through trial
• Resources to handle federal pretrial litigation and discovery

Be sure to understand the lawyer’s fees and get a signed agreement. Look for someone who instills confidence they will fight aggressively on your behalf.[5]

Fighting the Charges

Once retained, your lawyer will start developing defenses and building your case. Efforts may include:

• Filing motions to suppress illegally obtained evidence
• Contesting allegations you possessed or distributed marijuana
• Disputing the prosecution’s weight calculations for trafficking charges
• Attacking procedural mistakes by investigators
• Negotiating for reduced charges or a favorable plea agreement
• Identifying weaknesses in the government’s case
• Exploring sentencing departures and variances

If no acceptable plea deal offered, your attorney must be ready to vigorously defend you through a federal trial.[6]

Avoiding the Worst Penalties

While the penalties for federal marijuana convictions are severe, a skilled attorney can often negotiate alternatives such as:

• Plea Bargain – Plead guilty in exchange for reduced charges and lighter sentencing.
• Cooperation Agreement – Provide substantial assistance to prosecutors investigating others.
• Pre-Trial Diversion – Charges dismissed after completing supervision program.

Though requiring admission of guilt, these options may allow you to avoid lengthy incarceration. Your lawyer will advise if any make sense compared to the potential penalties.[1]

Consequences of a Conviction

If convicted of a federal marijuana crime, consequences will last for years after any time served, including:

• A permanent federal criminal record
• Barriers to future employment and professional licensing
• Potential loss of federal student aid and housing assistance
• Years of federal probation or parole supervision
• Large fines and court costs
• Possible deportation for non-citizens

A felony conviction also results in the loss of voting rights, firearm rights, and other civil liberties. These severe collateral consequences demonstrate the importance of building an aggressive case.[1]

Getting Your Life Back

Although scary at first, federal marijuana charges can be overcome with experienced legal guidance. Many cases end up dismissed, reduced, or with reasonable plea deals that avoid lengthy prison time. But it starts with hiring knowledgeable counsel immediately after an arrest.

By following your lawyer’s advice precisely, sticking to all conditions of your pretrial release, and avoiding further legal issues, you can move past this challenge. While devastating initially, your life is not over. An experienced federal marijuana lawyer can help you get it back on track.

References

1. Gamma Hydroxybutyrate “GHB” Date Rape Drug Charges Attorneys
2. GHB Charges in New Jersey | Schneider Freiberger, P.C.
3. Defending GHB Drug Charges in New Jersey – Villani & DeLuca, P.C.
4. NJ 2C:35-10.2. Possession of GHB. – Villani & DeLuca, P.C.
5. Passaic County NJ GHB Possession Lawyer | NJSA 2C:35-10.2 Best Defense Clifton NJ
6. Freehold NJ Gamma Hydroxybutyrate & Flunitrazepam Lawyers