In recent years, several states in the United States have legalized marijuana for medical and/or recreational purposes. However, marijuana is still illegal at the federal level, which means that transporting it across state lines can result in serious criminal charges.
Charges That Can Be Brought Against the Driver
If a driver is caught transporting marijuana across state borders by a federal official, they can face a range of charges, including:
- Possession of a Controlled Substance: This charge is likely to be brought if the marijuana is found in the driver’s possession during a traffic stop.
- Transportation of a Controlled Substance: If marijuana is found in the driver’s vehicle, this charge can be levied against them.
- Distribution of a Controlled Substance: If the amount of marijuana found in the driver’s possession or vehicle is deemed to be too much for personal use, they may be charged with distribution.
- Conspiracy to Distribute a Controlled Substance: If the driver is found to be transporting marijuana as part of a larger drug trafficking operation, they may be charged with conspiracy to distribute.
Penalties the Driver May Face
The penalties for driving with marijuana across state borders can be severe, particularly if the charges are federal. In addition to fines and prison time, a driver may face the following penalties:
- Forfeiture of Property: If the marijuana was found in the driver’s vehicle, the government may seize the vehicle as well as any other property used in the commission of the crime.
- Immigration Consequences: Non-citizens may face deportation or other immigration consequences as a result of drug-related convictions.
- Loss of Driving Privileges: In some cases, a driver’s license may be suspended or revoked as a result of drug-related convictions.
Defenses That Can Be Used to Get the Charges Dropped or Reduced
There are several defenses that a driver can use to get the charges dropped or reduced, including:
- Unlawful Search and Seizure: If the marijuana was found as a result of an unlawful search and seizure, it may not be admissible in court.
- Medical Marijuana Defense: If the driver is a registered medical marijuana patient in their home state, they may be able to use a medical marijuana defense in court.
- Lack of Knowledge: If the driver did not know that the marijuana was in their possession or vehicle, they may be able to argue that they lacked the knowledge required for a conviction.
Glasgow & Olsson Can Help You Defend Against Federal Drug Charges
Driving with marijuana across state borders can result in serious criminal charges, including possession, transportation, distribution, and conspiracy to distribute. The penalties for these charges can be severe, including fines, prison time, forfeiture of property, immigration consequences, and loss of driving privileges.
If you or someone you know has been charged with a federal drug crime, it is important to seek the help of an experienced criminal defense attorney. At Glasgow & Olsson, our attorneys have years of experience defending clients against drug-related charges. We can provide you with the legal guidance and representation you need to fight your charges. We understand the complexities of federal drug laws, and we will work tirelessly to protect your rights and help you achieve the best possible outcome in your case. When you need an attorney, experience matters. Contact us now for a comprehensive and confidential consultation.