Federal Marijuana Laws: An Overview
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Throughout the U.S., there are a large assortment of cannabis laws at the state level. But what are the federal marijuana laws?
Below is a chart of federal marijuana laws provided by the National Organization for the Reform of Marijuana Laws (NORML):
| Offense | Penalty | Incarceration | Max. Fine |
Possession |
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| Any amount (first offense) | misdemeanor | 1 year | $ 1,000 |
| Second offense (any amount) | misdemeanor | 15 days* – 2 years | $ 2,500 |
| Subsequent offenses | misdemeanor or felony | 90 days* – 3 years | $ 5,000 |
| * Mandatory minimum sentence | |||
Sale |
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| Less than 50 kg | felony | 5 years | $ 250,000 |
| 50 – 99 kg | felony | 20 years | $ 1,000,000 |
| 100 – 999 kg | felony | 5 – 40 years | $ 500,000 |
| 1000 kg or more | felony | 10 years – life | $ 1,000,000 |
| To a minor or within 1000 ft of a school, or other specified areas carries a double penalty. | |||
| Gift of small amount — see Possession | |||
Cultivation |
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| Less than 50 plants | felony | 5 years | $ 250,000 |
| 50 – 99 plants | felony | 20 years | $ 1,000,000 |
| 100 – 999 plants | felony | 5 – 40 years | $ 500,000 |
| 1000 plants or more | felony | 10 years – life | $ 1,000,000 |
Paraphernalia |
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| Sale of paraphernalia | felony | 3 years | N/A |
Progress on Federal Marijuana Laws
Last month Congress voted to extend protections that prevent the Justice Department from interfering with state-level medical cannabis laws; the Rohrabacher-Farr amendment was included as part of a larger budget bill. However, the extension only goes until April. It’s anyone’s guess if it will be extended again at that point, when Trump will be in office.
Last week a group of U.S. senators – including Bernie Sanders and Elizabeth Warren – sent a letter to government officials urging them to allow cannabis banking.
