QUESTION

What is the federal marijuana charge in Wyoming?

Asked on Jan 10th, 2013 on Criminal Law - Wyoming
More details to this question:
Son was charged with a federal misdemeanor possession charge. He has a previous possession charge in Michigan. Will he be charged as a second offense? It was a small amount.
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1 ANSWER

Administrative Law Attorney serving Cheyenne, WY at Terry J. Harris, PC
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In the federal district of Wyoming, a federal misdemeanor possession likely would be charged pursuant to 21 U.S.C. Section 844. Normally, conviction of federal "simple" possession carries with it a statutory sentence of a term of imprisonment of not more than 1 year, along with a statutory minimum fine of $1,000, or both, "except that if [the person] commits such offense after . . . a prior conviction for any drug, narcotic, or chemical offense chargeable under the law of any State, has become final, [the person] shall be sentenced to a term of imprisonment for not less than 15 days but not more than 2 years, and shall be fined a minimum of $2,500 ***." In federal court the prior state conviction need not be "charged" as a second offense, but instead, in order to sentence with the enhanced penalties just quoted, the federal prosecutor will need to establish the prior state conviction's existence pursuant to the procedures set forth in 21 U.S.C. Section 851.
Answered on Jan 15th, 2013 at 7:25 PM

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