Federal Probation and Cannabis Crimes
Most states in America are coming around to legalizing Cannabis. Even in states where it remains illegal, local law enforcement are generally less than eager to arrest people for small quantities of marijuana. However, under federal law, the possession, use, growing and sale of Cannabis remains very much illegal. This can have wide implications, even beyond an arrest. If you are charged with a federal drug crime, it’s important that you contact a Fort Lauderdale federal crime attorney right away, because even a marijuana charge can result in prison time. When it comes to probation, there are additional concerns. Here are a few things to keep in mind with Cannabis and federal probation.
What is Probation?
Probation is a sentencing alternative. Basically, if someone is arrested and charged with a crime which could result in prison time, probation is a means by which the defendant can plead guilty to the crime and remain free from custody. But probation comes with some hefty negatives. For instance, once you are placed on probation in the federal system, you must abide by all terms that are imposed, even if they are things that you normally could do. For instance, a judge can enter a probation order that prohibits you from:
- using alcohol
- using marijuana or any other drug
- traveling outside your home state
These are just a few examples. So even if Cannabis is legal in your home state, you will most certainly not be permitted to use it while on federal probation.
Is Marijuana Illegal Under Federal Law?
Yes. Simply put, the federal government does not care about state laws legalizing or decriminalizing Cannabis use. If you transport Cannabis across state lines, possess it on federal property (e.g. Post offices, military installations, national parks, etc.), you can be arrested and charged federally.
What About Medicinal Use?
So, this is a source of much debate. There are federal judges in some circuits who are beginning to accept the medicinal use of marijuana as an exception to federal probation rules. Consider one judge who expressed the desire to permit a man on supervised release to use marijuana for pain control. However, as that story clarifies, even though a federal judge may not like the rules, they are still bound by them, so in almost every case to date, probation means no marijuana.
Getting Good Representation
Not every attorney has experience working in the federal court system. And frankly, you deserve to work with an attorney who has served on both sides of the bench – both as prosecutor and defense attorney. At Bruce L. Udolf, PA, our attorney is a skilled and recognized leader in federal crimes defense in south Florida. If you or a loved one are facing incarceration in federal prison, you can’t afford to take your chances or go it alone. Your freedom, good name, and even your safety and future all depend largely on how you handle the situation. You can trust Bruce Udolf with your case, and rest assured you have years of experience on your side. Call or find us online today.
Resource:
uscourts.gov/services-forms/authority-probation-supervised-release-conditions
https://www.bruceudolf.com/should-i-ever-waive-arraignment-or-preliminary-hearing/
