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Federal Marijuana Laws
Serving Clients throughout Miami & Fort Lauderdale
Marijuana is classified as a Schedule I substance in the United States. Despite multiple states legalizing the drug for recreational and/or medical purposes, the drug remains illegal at the federal level. At any time, the federal government may choose to enforce federal law upon states which have legalized marijuana. If you face marijuana charges, The Hoffman Firm can help. Our Miami federal marijuana crime lawyer understands the strategies that can protect you.
The Federal View of Marijuana
On the federal level, marijuana is a schedule I substance. This means that in the view of the United States government, it is a highly addictive substance with no accepted medical value. Doctors may not prescribe marijuana and individuals may not possess it for recreational use, no matter the contradicting evidence or state laws.
The Supreme Court of the United States has determined that it is within the power of the federal government to prohibit the use of marijuana for all purposes. This is in conflict with the laws of 45 U.S. states and counting where governments have legalized the drug for recreational or medicinal purposes, or have to some degree decriminalized it.
Cannabis is governed at the federal level by the Controlled Substances Act of 1970.
Marijuana possession or distribution charges are generally handled at the state level. In states that have decriminalized or legalized the drug, alleged offenders may avoid prison time or serious legal consequences. Physicians or distributors of marijuana should remain cognizant of the federal attitude towards the drug, as they run the risk of incurring federal charges.
Defenses required to avoid or lessen marijuana charges depend on the state in which the offense was committed, and the amount of the drug alleged to have been possessed. In eight states, marijuana is legal to possess for both recreational and medicinal purposes.
In general, defenses fall under these main categories:
- The accused possessed the marijuana for a legitimate medical purpose
- The accused possessed less than the statutory amount of marijuana
- The accused was entrapped by authorities
- The accused's fourth amendment rights were violated in the pursuit of the state's evidence
The Hoffman Firm can help you craft the best defense for your circumstances if you have been charged with a marijuana offense in the Miami area. It is important that you retain legal counsel immediately.
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Florida Former State ProsecutorAttorney Evan Hoffman has extensive knowledge of the strategies used by prosecutors throughout Florida.
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