Unregulated and Unlicensed Marijuana-related Activities Still a Federal Law Violation

Committing a drug-related crime, such as distribution, selling, manufacturing and possession (in whatever amount) of illegal drugs and drug paraphernalia, is a violation of the federal law and, therefore, a serious matter. One kind of illegal drug banned in the US, which also happens to be the most widely used, is methamphetamine or marijuana. Banning of this substance began in 1970 from a mandate issued by the federal law, called the Controlled Substances Act (CSA).

Despite the fact that legal possession and distribution of medical marijuana is done in DC as well as in 18 more states, including Arizona, Alaska, Rhode Island, Vermont, Delaware, California, Colorado, Connecticut, Massachusetts, Michigan, Montana, New Mexico, Nevada, New Jersey, Oregon, Washington, Hawaii and Maine, CSA still classifies marijuana as a Schedule I drug (like heroin, lysergic acid diethylamide and mescaline), meaning a type of drug that has no legal medical use.

Marijuana contains the chemical delta-9-tetrahydrocannabinol (THC), its main psychoactive ingredient. It is also known under many different street names, some of which are cannabis, reefer, gangster, kif, skunk, weed, ganja, boom pot and grass. In some states, possession and recreational use of the drug have been decriminalized; this decriminalization, however, will not excuse anyone, especially minors or those under 21 years old, from being convicted if caught violating the stipulations of the federal law (federal law has precedence over state laws as stipulated in the Supremacy Clause of the U.S. Constitution, Article IV, Section 2).

With regard to the Washington Initiative 502 (I-502), it is true that Americans, during the November 6, 2012, general elections, casted a unanimous “yes” vote that will allow cultivation, distribution manufacture, possession (of small amounts of the drug and other products related to it) and wholesale or retail selling (depending on their type of license) of marijuana by licensed individuals at least 21 years old. Every citizen in the US should understand, however, that these activities are allowed only if regulated and done with a license; thus, if unlicensed and unregulated, more so marijuana possession in large amounts by individuals below 21 years old, these activities remain illegal.

The complexity of the law regarding drug crimes often makes marijuana possession defense a hard battle to fight. For those charged with the crime, having a really good, top caliber lawyer, who knows the law to the letter and is experienced in defense tactics, is an absolute necessity.

Not all lawyers are equally good, though. Some are simply more determined, making them much more competent than many others. These are the kinds of lawyers called for when the crime you are charged with is gravely serious. Thus make sure that you choose your defense lawyer with utmost care.