Penalty for Marijuana Possession vs. Penalty for Possession of Cocaine

[gypsymoth3]

i heard on a talk show a year or two ago that the penalty for possession of marijuana is more sever than the penalty for possession of either coke or crack. (i can’t remember which.) is this true? what are the penalties? (i know it varies by amount.)

[Johanna]

Depends on the state, doesn’t it? Or were you talking about federal penalties?
(And how do they decide when to apply state penalties or federal?)

I agree with the thought behind your OP, that if this were true it would be awfullly stupid, irrational, and unjust. But first we need to clarify exactly what laws you’re talking about.

[ccwaterback]

The last place I lived (one of the drug ports of the US), possession of under 20 grams of pot was a misdemeanor. I believe ANY amount of coke was a felony.

[katie1341]

In Georgia, possession of less than an ounce of marijuana is a misdemeanor, punishable by up to a year in jail. Possession of cocaine (no distinction between powdered coke and crack) is a felony, punishable by up to 15 years in prison, unless it’s more than 28 grams, in which case it’s trafficking. Possession of more than an ounce of marijuana, possession of marijuana with intent to distribute, or “manufacture” of marijuana (i.e., growing it) are felonies. The potential punishment for the felonies increase with the weight of the drug.

 **OBLIGATORY DISCLAIMER**  This is not legal advice in any way, shape or form, and should not be relied on or construed as such.

[Duckster]

An irony with respect to the OP’s contention is that under the federal drug scedules, marijuana is a Schedule I drug while cocaine is a Schedule II drug. The federal government under the Controlled Substances Act of 1970 has determined that marijuana is more dangerous than cocaine and has no medical value.

[gypsymoth3]

@Duckster

An irony with respect to the OP’s contention is that under the federal drug scedules, marijuana is a Schedule I drug while cocaine is a Schedule II drug. The federal government under the Controlled Substances Act of 1970 has determined that marijuana is more dangerous than cocaine and has no medical value.

i think that’s probably the info i was looking for. the reason i asked is i might be writing a term paper on legalization of marijuana (if my christian school permits). could you please jog my memory about the descriptions of schedule I and II drugs?

[Captain_Amazing]

@gypsymoth3

i think could you please jog my memory about the descriptions of schedule I and II drugs?

If you’re interested, here’s the controlled substances laws:

http://www.usdoj.gov/dea/pubs/csa.html

Here are the requirements for being put in the five schedules:

(1) Schedule I. -

(A) The drug or other substance has a high potential for abuse.

(B) The drug or other substance has no currently accepted medical use in treatment in the United States.

(C) There is a lack of accepted safety for use of the drug or other substance under medical supervision.

(2) Schedule II. -

(A) The drug or other substance has a high potential for abuse.

(B) The drug or other substance has a currently accepted medical use in treatment in the United States or a currently accepted medical use with severe restrictions.

(C) Abuse of the drug or other substances may lead to severe psychological or physical dependence.

(3) Schedule III. -

(A) The drug or other substance has a potential for abuse less than the drugs or other substances in schedules I and II.

(B) The drug or other substance has a currently accepted medical use in treatment in the United States.

(C) Abuse of the drug or other substance may lead to moderate or low physical dependence or high psychologicaldependence.

(4) Schedule IV. -

(A) The drug or other substance has a low potential for abuse relative to the drugs or other substances in schedule III.

(B) The drug or other substance has a currently accepted medical use in treatment in the United States.

(C) Abuse of the drug or other substance may lead to limited physical dependence or psychological dependence relative to the drugs or other substances in schedule III.

(5) Schedule V. -

(A) The drug or other substance has a low potential for abuse relative to the drugs or other substances in schedule IV.

(B) The drug or other substance has a currently accepted medical use in treatment in the United States.

(C) Abuse of the drug or other substance may lead to limited physical dependence or psychological dependence relative to the drugs or other substances in schedule IV.