Cox & Mazzoli


Marijuana Wax Downward Departure

Marijuana Wax Downward Departure

Cases involving marijuana wax and other controlled substances are required to be converted to normal, processed marijuana in order to calculate the appropriate sentencing guideline.  Unfortunately, marijuana wax is counted as 176 times what an equivalent amount of marijuana carries.

Cox & Mazzoli were able to persuade a federal court not to apply the 176 multiple and instead impose a sentence that only multiplied the wax by a factor of four.  A DEA memorandum emailed to all DEA offices around the country claimed that wax is generally only four times stronger than processed marijuana.  In addition, our client was taped by an informant stating that he charged four times more for wax than he did high grade processed marijuana.  This evidence convinced the Court to use the smaller multiple which reduced our client's sentence by 75%.  This is the first time this argument has been used successfully in federal court in Kentucky.

It is critical that defendants in federal criminal cases retain aggressive, experienced federal criminal defense attorneys who stay up-to-date on all of the latest statutes and cases in order to obtain the best resolution for the client.


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