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Where Does Money Go From Cannabis Felony Charges?

Mary Ekundayo

by Mary Ekundayo

May 18, 2024 08:00 am ET Estimated Read Time: 6 Minutes
Fact checked by Emily Mullins
Where Does Money Go From Cannabis Felony Charges?

Cannabis felony charges include legal fines and penalties imposed for serious offenses relating to the possession, distribution, cultivation, or trafficking of cannabis in jurisdictions where such actions are against the law or tightly controlled. 

These charges usually involve the violation of state or federal laws regarding the production, sale, and use of cannabis. 

A crime is tagged as a ‘felony’ to indicate the severity of the offense, and it carries significant legal consequences which range from imprisonment to fines, forfeiture of assets, and sometimes even a death sentence.

Cannabis-related offenses classified as felonies also differ depending on the jurisdiction and certain factors surrounding the case. Factors such as the quantity of cannabis involved, the presence of aggravating factors like the use of illegal firearms, involvement of minors, or a prior history of felony all influence the severity of charges and potential penalties.

While attitudes and laws regarding cannabis continue to evolve, felony charges related to cannabis remain a serious legal matter with far-reaching implications for individuals involved in the cannabis trade. However, possession and use of cannabis are not in all cases unlawful.

Federal And State Restrictions On Cannabis

So, how can cannabis possession and use be lawful and unlawful at the same time?

Well, laws regarding cannabis possession are not set in stone. The legality of cannabis possession and use can vary between state and federal jurisdictions. This could lead to situations where it is considered lawful under state law but unlawful under federal law, or vice versa. This discrepancy arises due to the differing regulatory frameworks established by federal and state governments.

At the federal level, cannabis remains classified as a Schedule I controlled substance under the Controlled Substances Act (CSA), meaning it is deemed to have a high potential for abuse and no accepted medical use. Fortunately, the Drug Enforcement Administration (DEA) has recently agreed to move it to Schedule III, where it will be considered to have some accepted medical uses. There is no timeline for this move yet, but it could have major ramifications for the legality of cannabis across the country

As such, the possession, sale, and use of cannabis are strictly prohibited under federal law, regardless of any state-level legalization measures.

Across the United States, a growing number of states have embraced the legalization of cannabis, either for medical purposes, recreational use, or both. States such as Florida, Arizona, New York, and Pennsylvania have paved the way for medical cannabis. 

Others like California, Colorado, Washington, Oregon, Alaska, Nevada, Illinois, Michigan, Massachusetts, Vermont, Maine, and New Jersey have boldly embraced recreational legalization.

These state-level laws often establish licensing systems, age restrictions, and possession limits for cannabis use. In states where cannabis is legalized, possession and use within the parameters outlined by state law may be considered lawful under state jurisdiction.

Here are a few federal offenses regarding cannabis possession and use and the fines or punishments attached.

Misdemeanor Cannabis Possession

First-time possession of any amount of cannabis is considered a federal misdemeanor, which can result in up to one year in prison and a minimum fine of $1,000. 

President Biden has pardoned individuals for federal offenses related to simple cannabis possession that happened on or before October 6, 2022.

Felony Cannabis Possession Or Sale

If an individual is caught with cannabis for a second time, the penalty becomes more serious under federal law and is considered a felony. This can lead to a minimum fine of $2,500 and imprisonment ranging from 15 days to two years.

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A third offense raises the minimum fine to $5,000 and can result in imprisonment from 90 days to three years. If someone is caught with cannabis intending to sell it or for other criminal purposes, the consequences are even harsher. It could range from mandatory prison sentences and the possibility of forfeiture of property or money.

Disqualification From Federal Benefit Programs

In addition to criminal penalties, a federal or state conviction (in states where cannabis possession is unlawful) for drug possession could disqualify the individual from some federal assistance and benefits programs, such as food assistance and student loans.

Civil Penalties For Cannabis Possession

Federal law allows for a fine of as much as $10,000 for having a certain amount of cannabis for personal use.

Where Do All Of These Charges Go?

No, these fines are not stacked up in a national treasury, just in case you were thinking that. Read on to find out where and what the government allocates these funds to.

1. Funding Law Enforcement and Legal Systems

A good amount of the money obtained from cannabis felony charges is allocated to law enforcement agencies and the legal system. 

This funding supports the investigation, prosecution, and adjudication of cannabis-related crimes. It covers expenses such as police salaries, court operations, and correctional facilities. 

In all, the funds from these charges can be used to strengthen or fund the legal and law enforcement systems to deter illegal cannabis activities and uphold public safety.

2. Substance Abuse Prevention and Treatment

Another significant allocation of funds from cannabis felony charges goes towards substance abuse prevention and treatment campaigns. Cannabis abuse has a lot of potential risks and problems attached to it. 

Authorities can use these resources to provide support for individuals battling cannabis addiction. They do this by setting up treatment facilities and funding counseling and educational campaigns to address substance abuse problems.

3. Community Reinvestment and Development

Some jurisdictions prioritize reinvesting a portion of the proceeds from cannabis felony charges into the communities affected by drug-related crimes. This includes funding for economic development initiatives, job training programs, and neighborhood revitalization efforts. 

By directing resources towards these endeavors, authorities aim to mitigate the social and economic impact of cannabis-related offenses and promote community resilience.

4. Youth Outreach and Education

Preventing cannabis use among youth is a key objective for many governments and organizations. Funds obtained from cannabis felony charges support youth outreach programs and educational campaigns aimed at discouraging underage cannabis consumption. 

These initiatives often involve collaborations between schools, community centers, and youth organizations to provide accurate information about the risks associated with cannabis use and promote healthy lifestyle choices.

5. Research and Public Health Initiatives

A portion of the funds may be allocated to research projects and public health initiatives related to cannabis. 

These projects may include studying the effects of cannabis use on physical and mental health, exploring alternative approaches to drug policy, and developing harm reduction strategies. 

6. Victim Compensation and Restitution

In instances where cannabis-related crimes lead to harm or loss to individuals or communities, the fines from such cases may be used to compensate the victims and for restitution. 

This can include repaying victims for financial losses, covering medical expenses, and providing support services to aid their recovery from the impact of the crime. 

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