LOS ANGELES--(BUSINESS WIRE)--LibertyBell Law Group’s federal criminal lawyers won a case dismissal for a client accused of conspiracy to manufacture marijuana and manufacturing marijuana. The federal penalties for manufacturing 100 marijuana plants or more are 40 years imprisonment and a $1,000,000 fine. Case No. 1:14-cr-00023-JTN.
The defendant had over 360 plants and several pounds of marijuana ready for sale. Lawyers know that, regardless if it’s for medical purposes, an operation of that size is enough to raise a red flag and bring on federal prosecution in full swing. Despite state laws, cultivating or possessing marijuana is a federal crime.
Currently, Congress is debating the Charlotte's Web Medical Hemp Act of 2014, to legalize medical marijuana that would help children with epilepsy and seizures receive treatment. According to this law, therapeutic hemp is defined as having no more than .3% THC, which does not have the hallucinogenic effects of marijuana used for recreation, or even, sold in most state approved medical marijuana dispensaries.
The federal government is very unlikely to prosecute businesses existing solely to provide Charlotte’s Web marijuana strains.
Medical marijuana businesses of a larger size or have large sums of money transacted also draw attention from the banks doing business with them. Not having updated or proper records on transactions and employees places any legitimate business at a high risk of prosecution in federal court. The owner(s) can be charged with federal drug trafficking, wire fraud, and more.
Banks are under the gun, so to speak, in reporting suspicious activity by marijuana related businesses. Bank executives can be charged with money laundering and more; banks could also be fined heavily and have their insurance revoked if found guilty.
The Financial Crimes Enforcement Network (FinCen) has clarified which types of suspect activity are a priority, such as sales to minors, unreasonable revenues, rapid movement of funds and more. As expressed recently by the Financial Crimes Enforcement Network, banks have been reporting on suspicious owned by marijuana related businesses or disguised as another business.
“Our client was extremely lucky to have the best federal criminal lawyers from LibertyBell Law Group represent him. He did not keep proper records and the amount of marijuana he had was hugely over the amount expected in treating the few patients he had. In that matter, even the patients were questionable. We knew we had to squash this case quickly and effectively to win. Our federal attorneys got this drug case dismissed using a motion to suppress evidence which is very difficult to get. The judge reviewed all the facts of the case and granted the motion in order to preserve the Bill of Rights of the U.S. Constitution,” says Gina Tennen, a top trial and federal lawyer.
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