The Personal Use of Marijuana by Responsible Adults Act of 2009

Seattle, WA Viewed 40 times. Posted 5 months ago in Criminal Defense

So I read that Barney Frank is trying to decriminalize marijuana possession at the federal level. My question is about how the federal and state laws interact. For example, let's say you get busted for marijuana possession and it's illegal at both the state and federal level. What happens? Can you be prosecuted for the state and federal crimes? Or what happens if you do something that's legal on the state level but illegal on the federal level? - Is this your question? Add additional information

Answers (1)

Hussein Karmali

This attorney is licensed in Washington. Posted 5 months ago.

If you are charged with possession of marijuana at both the state and federal level, you can be still be prosecuted for the same offense at both the state and federal level. Double jeopardy applies when the same criminal act is prosecuted twice at either the state or federal level. To answer the second question, if there is a conflict between state and federal law, federal law always wins out. In this case, federal law wins.

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