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Fighting Your Marijuana Trafficking Charge

Explore the complex landscape of marijuana trafficking charges in Georgia and discover how The Waltman Firm can assist with your defense

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Marijuana Trafficking: Legalization Trends and the Implications

Is the tide turning on how we view marijuana trafficking? Once seen primarily as a criminal issue, recent shifts towards legalization across states have many advocates questioning the persistence of strict trafficking laws. 

As the United States grapples with evolving attitudes towards cannabis, the intricate dance between state and federal law creates a patchwork of legal landscapes, further complicating the already murky waters of marijuana distribution and sales. While some revel in new freedoms, the stark reality remains that moving large quantities of marijuana is still a serious federal crime, attracting hefty penalties. 

At The Waltman Firm, we understand the gravity of these charges and the profound impact they can have on individuals’ lives. Navigating the legal intricacies of marijuana trafficking requires acute legal experience and a robust defense strategy. Our approach ensures that those accused of such crimes receive a rigorous defense, with a clear understanding of their legal standing amidst the varying marijuana laws. 

What Is Marijuana Trafficking?

Marijuana trafficking refers to the illegal manufacture, distribution, delivery, or sale of marijuana, which is considered a controlled substance under both federal and state laws. Possessing, distributing, or transporting specific amounts of marijuana is prohibited due to the potential for abuse and marijuana’s classification as Schedule I substance. 

In Georgia, possession of one ounce or less of marijuana is a misdemeanor punishable by up to one year of imprisonment and/or a fine of up to $1,000. Those who possess more than an ounce is a felony punishable by up to ten years in prison. Any person who possesses more than 10 pounds of marijuana commits the offense of trafficking, which can result in five or more years imprisonment and over $100,000 in fines. 

The line between possession and trafficking can sometimes blur. Given the complex scenario and legal ramifications, comprehending the elements of these offenses is vital for creating a defense strategy. Having assistance from a lawyer familiar with Georgia marijuana laws can be the difference between freedom and incarceration.

Penalties for Marijuana Trafficking

Those found guilty of marijuana trafficking face harsh realities. According to Georgia law, those who possess more than ten pounds of marijuana can be charged with trafficking.  

For a first offense under Georgia law: 

  • A person possessing quantities in excess of ten pounds but less than 2,000 pounds will receive a mandatory minimum of five years in prison and a fine of $100,000.
  • A person possessing quantities in excess of 2,000 pounds but less than 10,000 pounds will receive a mandatory minimum sentence of seven years in prison and a fine of $250,000.
  • A person possessing quantities in excess of 10,000 pounds will receive a mandatory minimum sentence of 15 years and a fine of $1 million.  

Federal Penalties 

Individuals charged with marijuana trafficking as a federal crime face a different set of penalties

  • Possession of 1 to 49 marijuana plants or less than 50 grams of marijuana has a mandatory minimum sentence of five years and a fine of up to $250,000. 
  • Possession of more than 10 kgs of hashish, 50-99 kg of marijuana mixture, or 50-99 marijuana plants has a mandatory minimum sentence of 20 years and a fine of $1 million.
  • Possession of 100 kg to 999 kg of marijuana mixture or 100-999 marijuana plants has a sentence between five to 40 years and a fine of up to $5 million. 
  • Possession of 1,000 kg or more of marijuana mixture or 1,000 or more marijuana plants has a mandatory minimum sentence of 10 years and a fine of up to $10 million.

If death or serious injury occurred as a result of the marijuana trafficking, or the charge is a second offense, these penalties can increase significantly. 

Apart from incarceration and financial blowbacks, a felony trafficking conviction can affect fundamental civil liberties such as the right to vote, own a firearm, or hold public office. These convictions can have a profound impact on life post-incarceration.

Defending Your Marijuana Trafficking Charge

If you are facing a state or federal marijuana trafficking charge, the proper defense can change everything. Each case depends on the evidence, facts, and nuances of the law. Your attorney can craft a strategy to challenge the government’s case. Grounds such as entrapment, insufficient evidence, or illegal search and seizure can serve as vital defenses.

Entrapment

Entrapment occurs when law enforcement officers induce a person to commit a crime they would not ordinarily commit. 

Insufficient Evidence

Consider the evidence or potential lack thereof. Just because allegations are made doesn’t mean they’re substantiated. Your attorney can evaluate the prosecution’s case and determine whether there is sufficient evidence to prove the crime charged. 

Illegal Search and Seizure

A cornerstone of your constitutional rights is the protection against illegal search and seizure. If the evidence was obtained by violating these rights, it may be considered inadmissible in court. Safeguarding your rights could lead to a pivotal turning point in your case.

Building a solid defense isn’t about finding loopholes in the law but ensuring justice is served. Crafting a defense will depend on the facts of your case and the evidence against you. At The Waltman Firm, our experience in drug-related charges could prove crucial. We’re committed to pouring over every detail and considering each defense avenue critically. 

Marijuana Trafficking Charge? Contact The Waltman Firm

Marijuana trafficking charges carry hefty penalties under both state and federal law. Even a first offense can have dire implications, leading to prison time and life-long consequences. Understanding the charges laid against you, marijuana laws, and your defenses is critical to moving forward confidently. 

At The Waltman Firm, we understand the intricacies of drug-related offenses and passionately fight for justice for our clients. From initial consultation to case analysis to defense formulation, our criminal defense lawyer uses her experience and resources to dissect the charges against you. 

Are your rights being upheld? Are all legal avenues being explored? Our seasoned marijuana trafficking attorney can examine the facts of your case and possible defenses. 

Contact The Waltman Firm today and let us offer our experience defending cannabis offenses. We are here to guide you through the criminal justice system, ensuring you’re treated with the fairness and professionalism you deserve.