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Can I Be Charged With Drug Trafficking if I Have My Illinois Medical Marijuana Card?

Posted by Posted on in Federal Crimes

Chicago federal criminal defense attorneyThe short answer is yes, but there is much more to the story. Your Illinois medical marijuana card allows you to possess and use a reasonable amount of THC product within the state. It does not give you permission to sell THC products or to transport them across state lines. Marijuana is still illegal at the federal level, and you can still be charged at the federal level even if you are not breaking any Illinois state laws. If you are being charged with federal drug trafficking or another federal drug crime, you will want to find an experienced criminal defense lawyer as soon as you can. All federal charges are extremely serious, and you could be facing years in prison. 

When Can a Medical Marijuana Patient Be Charged With Trafficking?

If you are just using your medical marijuana yourself, appropriately, you are unlikely to ever be charged even though marijuana is federally illegal. When medical marijuana patients get charged with marijuana crimes, it is almost never related to personal use. Medical marijuana patients generally only get charged at the federal level if they: 

  • Transport across state lines - The federal government rarely prosecutes individual marijuana users who are following the laws of their state, in their state. However, trying to transport marijuana across state lines will attract federal attention. 
  • Carry onto federal land - For frequent users of medical marijuana, it can be easy to forget that you are carrying your THC products when you enter the federal property. Many medical marijuana patients also do not always realize when they are entering federal land - any national forest or park, for example, is federal property. Marijuana is illegal on federal property whether or not you have a medical card. 
  • Re-sell the product - Because medical marijuana patients have easy access to safe, good quality THC products, they are often pressured into re-selling the product. It is very easy for a patient to fall into the trap of selling their medicine to others. This conduct may seem relatively non-serious, but it could result in a federal drug trafficking charge. 

It is important for medical marijuana patients to keep their THC products at home and not to share them with others. The dubious legality of medical marijuana can easily give patients a sort of false confidence that leads them to make a mistake and get arrested. 

Call a Chicago Marijuana Defense Lawyer

If you are a medical marijuana patient who has been charged with a federal drug crime, it is important that you take the matter very seriously and get in touch with a qualified Chicago federal drug trafficking defense attorney. Federal courts can be harsh, but the attorneys at the Law Offices of Hal M. Garfinkel are experienced at helping clients achieve good outcomes. Call 312-629-0669 for a free consultation. 

 

Source: 

https://www.justice.gov/usao-nh/frequently-used-federal-drug-statutes

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