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what is the penelty for simple possession of one ounce of hashish

Resolved Question:

what is the penelty for simple possession of one ounce of hashish and two pounds of marijuona on a national park
Submitted: 5 years ago.
Category: Criminal Law
Expert:  LawHelpNow replied 5 years ago.

Hello and thanks for choosing Just AnswerTM. I am a licensed attorney, and I will be glad to try and assist you. To assist in providing you with accurate information, could you please clarify this point:

 

  1. Do you have a prior criminal record? [if so, please describe.]

 

Once I hear back from you, I will be glad to let you know my answer. There may be some delay as I am assisting other customers or am away from my computer. Please rest assured, however, that I will get back to you as soon as possible.

 

Thanks!

Customer: replied 5 years ago.
yes back in 1980 contributing to a minor
Expert:  LawHelpNow replied 5 years ago.

Hello and thanks so much for choosing this forum to pose your important legal question. I will do my best to give you some honest and accurate guidance as I answer your question.

 

  1. I am a licensed attorney, and I will be glad to try and answer your question. I hope that the following information will be helpful to you, but please just write back if you have any follow-up questions or need clarification on anything after reviewing the following information. Thank you for taking the time to supply the additional request information, which was helpful to my analysis of your issue.
  2. These are Schedule I substances under the federal Controlled Substances Act (CSA). There are enhanced penalties for committing an offense after a prior conviction under the CSA or a prior conviction for any drug, narcotic, or chemical offense chargeable under the law of any state, has become final. So, what all of that means if that your prior for contributing to the delinquency of a minor is likely not relevant here.
  3. With those preliminaries points in mind, here are the answers to the heart of your inquiry about penalties. One ounce of hashish equals 0.0283495568397 kilograms mathematically (conversion required to find applicable statutory penalty). The relevant penalty starts at 10 kilograms of hashish, so you fall into that category but obviously at a very small quantity. For a first offense, federal law provides you can be sentenced to a term of imprisonment of not more than 5 years, a fine not to exceed the greater of that authorized in accordance with statute or $250,000. Two pounds of marijuana equals 0.909090 kilograms, so you are right under the one kilogram mark. For a first offense, the threshold is less than 50 kilograms of marijuana and carries the same punishment range as already listed. Sentencing provisions for these substances are found in 21 United States Code § 841. There are also "simple possession" offense punishments found in 21 United States Code § 844.

 

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The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Benjamin M. Burt, Jr., Esq. You should always consult with a lawyer in your state.

LawHelpNow, Attorney/Lawyer
Category: Criminal Law
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Experience: Relax. Let's work together. Practical solutions.
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