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If I attend a marijuana convention in California and mail

some medicated edible products and...
If I attend a marijuana convention in California and mail some medicated edible products and marijuana totaling 10 grams of total combined marijuana weight back home to VIRGINIA.What Federal law would be broken?
Whats the jail penalty?
Whats the likelihood of BEING INDICTED for it if busted for doing this for such a small weight?
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9/21/2017
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Criminal Law
Satisfied Customers: 17,276
Experience: Licensed Texas General Practice Attorney
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Section 812 of Title 21 of the U.S. Code, the Schedule of Controlled Substances makes no distinction between a legal state, a medical state, or an illegal state. Violating this section is a federal crime and could earn you a drug trafficking charge, even for the lowest tier of cannabis.
For the possession of:

  • 1 kilogram or less of hash oil
  • 10 kilograms or less of hashish
  • 1 to 49 cannabis plants
  • Less than 50 kilograms of cannabis flower

The penalties are:
1st offense: up to 5 years in federal prison and a fine of $250,000 to $1 million
2nd offense: up to 10 years in federal prison and a fine of $500,000 to $2 million

Basically, it doesn’t matter if it’s a gram or 50 kilograms–the penalty remains the same.

As far as likelihood of indictment, I would say small, because of the small amount of marijuana. It's possible, yes, but if you were to get caught, they would probably just seize the marijuana. Even if there was an arrest, you almost certainly would not see any actual prison time. That's for serious traffickers and dealers.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

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Thank you, ***** ***** luck to you!

ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Criminal Law
Satisfied Customers: 17,276
Experience: Licensed Texas General Practice Attorney
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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