Federal Marijuana Crime | The Law Offices of Michael E. Cindrich, APC

Although California has a friendly stance toward marijuana, federal law strictly prohibits marijuana use, possession, distribution, and cultivation under the Controlled Substances Act (CSA), 21 U.S.C. § 841. This means that many activities that are legal under California law could result in federal charges.

San Diego Lawyer for Federal Marijauna Crimes

If you have been charged with marijuana charges by the federal government, you need to contact an experienced criminal defense attorney as soon as possible.

Attorney Michael Cindrich has decades of experience in criminal court. He has protected clients accused of criminal charges for decades and is ready to build your federal marijuana case. The Law Offices of Michael E. Cindrich serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, and San Diego proper.

Contact the Law Offices of Michael E. Cindrich today for a free, confidential consultation at (619) 262-2500.

Marijuana Regulations in California

Marijuana, also known as cannabis, is a plant-based substance derived from the species Cannabis sativa or Cannabis indica. It is primarily used for medical, recreational, and industrial purposes. California allows the recreational and medical use of marijuana, despite the federal ban on the substance.

In medical contexts, marijuana is prescribed for conditions such as chronic pain, chemotherapy-induced nausea, multiple sclerosis, and seizures. California was the first state to legalize medical marijuana in 1996 under Proposition 215, the Compassionate Use Act, and is one of just a few states that allow residents to grow their own marijuana.

Recent Status of Marijuana in the United States

While marijuana remains illegal at the federal level under the Controlled Substances Act (CSA), many states have passed laws permitting its medical and recreational use. As of December 2024:

Federal Status: Marijuana remains classified as a Schedule I controlled substance under 21 U.S.C. § 812. This classification denotes substances with a high potential for abuse, no accepted medical use, and a lack of safety for use under medical supervision.
State-Level Legalization: A majority of states have legalized marijuana for medical purposes, and over 20 states, including California, allow recreational use for adults aged 21 and older. These state laws often conflict with federal regulations.
Biden Administration’s Stance: The Biden administration has shown a willingness to reevaluate federal marijuana policy. In fact, President Biden issued pardons for federal simple marijuana possession offenses and directed federal agencies to review the Schedule I classification, which they did.
SAFE Banking Act: The Secure and Fair Enforcement (SAFE) Banking Act, designed to allow marijuana businesses legal access to banking services, has gained bipartisan support in Congress. While not yet enacted, it represents a shift in federal attitudes toward the industry.
Public Opinion: Public support for marijuana legalization continues to grow, with recent polls indicating that approximately two-thirds of Americans favor legalizing marijuana for recreational use.

Federal Laws on Marijuana Crimes in California

Generally, federal law enforcement does not prosecute minor offenders in California. However, if the offender is believed to be involved in large-scale drug crime, federal prosecutors will exercise their authority and prosecute under federal law. This process is extremely complicated, however, and federal prosecutors often face resistance even from state government.

Simple Possession (21 U.S.C. § 844)

Possessing any amount of marijuana is a federal offense punishable by up to one year in jail and a $1,000 fine for a first offense, with escalating penalties for subsequent offenses. A student found with a small amount of marijuana on federal property, such as a university dormitory funded by federal aid, could face federal prosecution even if personal use is legal under California law.

Manufacturing Marijuana (21 U.S.C. § 841)

The manufacturing of marijuana, including cultivating cannabis plants, is a federal offense with severe penalties based on the quantity involved. Penalties range from 5 years imprisonment and a $250,000 fine for cultivating less than 50 kilograms to 10 years to life imprisonment and fines up to $10 million for over 1,000 kilograms. For example, a California farmer growing cannabis on a large scale under state law may face federal charges carrying a mandatory minimum sentence of 10 years, even with proper state licensing.

Distribution of Marijuana (21 U.S.C. § 841)

Distributing marijuana, regardless of quantity or state legality, is a federal crime with penalties tied to the amount distributed. Small-scale distribution may result in 5 years imprisonment, while larger amounts, such as 1,000 kilograms or more, could lead to life imprisonment. For instance, a state-compliant dispensary owner selling marijuana in bulk could be federally prosecuted and face substantial penalties, despite operating within California’s regulations.

Maintaining Drug-Involved Premises (21 U.S.C. § 856)

Managing or leasing a property for marijuana-related activities is punishable by up to 20 years imprisonment and fines of up to $2 million. For instance, a landlord renting to a licensed dispensary in compliance with California law may face federal charges and risk property forfeiture.

Distribution to Minors or Near Schools (21 U.S.C. §§ 859, 860)

Distributing marijuana to individuals under 18 or within 1,000 feet of schools, playgrounds, or public housing carries enhanced penalties, including mandatory minimums of 1 to 3 years imprisonment and doubled fines. For example, a vendor selling cannabis products near a school zone, even unknowingly, may face federal prosecution and significant penalties.

Communication Facility Offenses (21 U.S.C. § 843)

Using phones, mail, or other communication tools to facilitate marijuana-related crimes is punishable by up to 4 years in prison. For example, a dispensary using text messages or online platforms to coordinate delivery orders could face federal charges under this statute, regardless of compliance with California law.

Key Elements of Federal Marijuana Laws a Jury Must Consider

When determining guilt under federal marijuana laws, jurors must assess several elements:

Knowledge and Intent: The defendant must have knowingly engaged in the prohibited activity, such as possession, distribution, or cultivation. Accidental or unknowing possession is not sufficient for conviction.
Quantity: The amount of marijuana involved often dictates the severity of the charge and associated penalties. For instance, possessing 50 kilograms or more triggers enhanced penalties under 21 U.S.C. § 841(b).
Location: If the offense occurred near schools, playgrounds, or federal property, jurors must consider whether enhanced penalties apply (21 U.S.C. §§ 860, 844).
Prior Convictions: Repeat offenders face harsher mandatory minimum sentences, which jurors may be asked to factor into sentencing recommendations.
Use of Communication Facilities: Under 21 U.S.C. § 843, the government must prove that phones, mail, or other communication tools were used to facilitate marijuana-related offenses.

How Federal Laws Conflict with California Laws on Marijuana

Federal and California marijuana laws are often in direct conflict, creating confusion and legal challenges for individuals and businesses:

Federal Prohibition vs. State Legalization: While California legalized marijuana for recreational and medical use under the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), marijuana remains a Schedule I controlled substance under the Controlled Substances Act (21 U.S.C. § 812). This classification prohibits any use, possession, or distribution of marijuana at the federal level.
Federal Enforcement in Legal States: Despite state laws, federal agencies, such as the Drug Enforcement Administration (DEA), retain the authority to enforce federal marijuana laws. This means dispensaries, growers, and users operating legally under California law can still face federal prosecution.
Banking and Financial Barriers: Federal law prohibits banks from handling funds related to marijuana businesses, even if they operate legally under state law. This forces many cannabis businesses to operate in cash, increasing risks and operational difficulties.

These conflicts highlight the tension between state autonomy and federal supremacy, complicating compliance for individuals and businesses.

Additional Resources

California’s Cannabis Laws by the California Department of Cannabis Control
This page outlines cannabis laws in California, including statutes, regulations, and local ordinances. It explains the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), licensing requirements, and equity programs to assist communities impacted by prior cannabis policies.

DEA’s Proposed Rule on Marijuana Rescheduling by the Federal Register
This proposed rule details the DEA’s intent to reschedule marijuana from Schedule I to Schedule III under the Controlled Substances Act. The page includes hearing details, submission procedures for public comments, and the potential implications of the rescheduling, such as changes in regulatory controls and federal law enforcement practices.

Overview of California Marijuana Penalties by NORML
This resource provides an overview of California’s marijuana laws, including penalties for possession, sale, and cultivation. It explains how Proposition 64 legalized personal use, discusses criminal penalties for exceeding limits, and covers expungement opportunities for past convictions.

Hire an Attorney for Federal Marijuana Crimes in San Diego County, CA

Contact the Law Offices of Michael E. Cindrich today for a free, confidential consultation at (619) 262-2500.