Indiana has some of the strictest cannabis laws in the country. Recreational marijuana is illegal, and you may face jail time if you’re caught with a small amount for personal use.
However, possession is among the least serious marijuana-related criminal charges you can face. Although it might not seem like a big deal to go to Ohio or Michigan, buy marijuana, and come back, bringing cannabis across state lines can land you in serious legal trouble. Here’s a look at the penalty for carrying weed across state lines.
Overview: Why Crossing State Lines With Marijuana Is Risky
Although marijuana use is illegal in Indiana, that’s not the case in some nearby states (including Ohio and Michigan). Michigan even allows home cultivation in limited quantities.
However, even if the possession of marijuana is legal in some states, it is still illegal on a federal level, and the legal consequences of transporting weed across states can be severe.
Even bringing small amounts of marijuana across state lines could result in a federal simple possession charge. If you have a larger amount with you, you could face federal trafficking charges, which are serious felonies.
Federal Drug Trafficking Laws and Penalties
The federal government harshly penalizes those caught moving large amounts of marijuana across state lines. The exact penalty for carrying weed across state lines depends on two main factors:
- The amount of marijuana you have
- Whether it’s your first offense or second offense
Here’s a look at some of the potential penalties.
Less Than 50 Kilograms/1-49 Plants
Although this is the least serious punishment for taking marijuana into another state, it’s still fairly severe. For a first offense, you’ll face at least five years in prison and a $250,000 fine (or a $1 million fine if you’re part of a larger business or group).
For a second offense, you’ll face at least 10 years in prison and a $500,000 fine (or a $2 million fine if part of a larger group).
50-99 Kilograms/50-99 Plants
This is the next level of trafficking charge, which you also may face if you’re caught with one of the following:
- More than 1 kg of hashish oil
- More than 10 kg of hashish
For a first offense, you face at least 20 years in prison and a $1 million fine (or a $5 million fine if you’re part of a group). For a second offense, you face at least 30 years in prison and a $2 million fine ($10 million if part of a group).
100-999 Kilograms/100-999 Plants
For this charge, you face at least five years in prison (and up to life if the drugs cause serious injury or death) for a first offense. You can also face a fine of up to $5 million (or $25 million if part of a group).
For a second offense, you face 10 years to life in prison and a fine of up to $20 million (or $75 million if you’re part of a group).
1,000+ Kilograms/1,000+ Plants
This is the most serious legal penalty for transporting marijuana across state borders. For a first offense, you face 10 years to life in prison and a $10 million fine (or $50 million if part of a group). For a second offense, you face 20 years to life and a $20 million fine (or $75 million if part of a group).
State-by-State Differences Don’t Protect You Federally
Many people mistakenly believe that if they are in a state with legal marijuana, they cannot face federal criminal charges for marijuana across state lines.
However, marijuana possession is federally illegal, and technically, the federal government could prosecute anyone in a state with legalized marijuana. Because the government doesn’t have the resources to prosecute everyone for possession, it instead focuses on transporting marijuana and other more serious offenses.
It’s important to understand that if you are facing federal criminal charges, the fact that state law allows you to possess marijuana plants or has decriminalized marijuana possession is not a valid defense.
Common Scenarios That Lead to Arrest
Although the penalty for carrying marijuana across state lines is severe, police cannot possibly inspect every vehicle on the road. This sometimes gives traffickers a false sense of security. However, several common scenarios lead to trafficking arrests.
Smoking in the Car
A surprising number of people will smoke marijuana while transporting it. This is a mistake. If an officer pulls you over and smells marijuana, they may be able to search your car.
Seeming Extremely Anxious
If you’re stopped by police and appear especially jumpy or nervous, the officer might suspect you’re transporting controlled substances. In some cases, the officer might even summon a K9 to the scene.
Driving a Rental Car From a Faraway State
Often, someone driving large quantities of controlled substances will use a rental car. For that reason, driving an obvious rental vehicle can be a red flag for police.
Legal Consequences: Jail Time, Fines, and Criminal Records
Even for a first offense, the penalty for carrying weed across state lines can be life-altering. Being found guilty can lead to a lengthy prison sentence, but in many cases, the crime will follow you for the rest of your life even after release.
For instance, the fines for carrying marijuana across state lines are hundreds of thousands or even millions of dollars. Most people can’t easily pay these fines.
As long as you owe money, the government can garnish your wages or even take money from your bank account. This makes it difficult or impossible to accumulate meaningful savings.
If you are convicted of marijuana trafficking, you will also be labeled as a convicted felon for life. That means you will lose your right to bear arms and vote. You also may have trouble securing employment and housing.
What to Do if You’re Caught With Marijuana Across State Lines
If you’re facing the possibility of steep fines and jail time for crossing state lines with marijuana or cannabis plants, you might understandably be panicking. You can’t undo your arrest for a federal drug offense, but you can take the next best step — and that is finding an experienced defense attorney who is very familiar with marijuana laws.
The legal penalty for traveling with weed across state borders can be extremely serious, and if you’ve been charged with a federal crime, you shouldn’t fight it alone. Call Gemma & Karimi to book your free consultation today.
