Federal charges are still possible even though recreational use is legal in California.
After years of legal medical marijuana use, California joined the growing number of states across the country in legalizing the recreational use of marijuana in 2016. The use of marijuana for either medical or recreational purposes remains illegal under federal law, but in recent years, federal prosecutors have largely limited prosecution of this offense. However, with the new administration comes new policies — and new fears about the potential for prosecution.
Under President Trump and Attorney General Session, the new administration has strongly indicated that it intends to more aggressively enforce federal laws on the recreational use of marijuana. In fact, Attorney General Sessions recently stated that marijuana is “only slightly less awful that heroin,” and stated that our country has too much tolerance for drug use.
When it comes to drug laws, it is important to remember that no matter what California law may be, whenever state and federal laws are in conflict, the federal law wins. Marijuana is considered a Schedule 1 drug under federal law, making both the possession and sale of marijuana illegal under federal law. Even if you cannot be charged with a crime under California law based on the amount of marijuana in your possession, you can still be charged with a crime under federal law.
In most cases, federal prosecutors will likely be more focused on large-scale drug trafficking operations, ties to criminal enterprises, violent activities or other significant violations of federal law. The Department of Justice may also focus on the movement of marijuana from states where recreational marijuana is legal, such as California, to states where it is still illegal. While much remains to be seen about how federal marijuana laws will be enforced under the new administration, it seems unlikely that federal prosecutors will charge individual defendants for simple possession. However, all Californians should be aware that we do not yet know how the Department of Justice will enforce federal drug laws and act accordingly.
If you have been arrested for either federal or state drug charge, you will need the assistance of an experienced California drug defense lawyer. A skilled lawyer can thoroughly investigate the case against you, finding the best possible factual and legal defenses to the charges and potentially negotiating a reduction or dismissal of the charges.
At the Chambers Law Firm, our team of knowledgeable criminal defense attorneys represents clients who have been charged with marijuana, narcotic, meth, cocaine, heroin, and all other type of drug possession, trafficking, manufacturing and other charges. We offer free initial consultations, where we will explain your legal rights and your options for how to proceed with your case. Our experienced investigators, paralegals and lawyers will work together to put together a top-notch defense to your charges, giving you peace of mind in knowing that you will get the best possible defense to your drug charges. We will fight for your rights and your freedom. If you have been charged with a federal or state drug offense, contact our office at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation today.
