The illegal drug trade has grown significantly over the years and led to rising drug crimes across the United States. Drug offenses now make up a large portion of criminal cases in both the state and federal court systems. Citizens need to understand the different types of drug crimes they may encounter and the potential legal ramifications. This article will outline and explain the most common drug crimes prosecuted at the state and federal levels.
Possession Of Controlled Substances
One of the most basic drug crimes is simple possession of an illegal controlled substance. All 50 states have laws prohibiting the possession of certain drugs without a valid prescription. These drugs are categorized by “schedules” with Schedule I being the most dangerous and Schedule V being the least. Possession charges can range from a misdemeanor to a felony depending on the type and amount of drug(s) involved. Even possessing residue amount is enough for arrest in many jurisdictions. Some states have passed more lenient marijuana possession laws but it remains a federal crime to possess any amount.
Distribution And Trafficking
Distributing or trafficking controlled substances is considered a more serious drug crime than simple possession. Distribution involves selling, giving, or sharing illegal drugs with another person. Trafficking (also called drug dealing) implies an intent to distribute larger amounts for profit. Both state and federal laws prohibit distribution/trafficking and penalties tend to be harsher based on the type, quantity, and location of the transaction(s). Transactions occurring within 1,000 feet of a school, park, or other protected area often trigger mandatory minimum sentencing too.
Criminal Conspiracy
Conspiracy charges are also commonly seen in major drug cases. Prosecutors must prove there was an agreement between two or more people to commit a drug crime along with an overt act in furtherance of that plan. The participants do not need to succeed in their criminal objective, merely agree and take steps to facilitate it. Conspiracy allows prosecutors to charge all members of an organized drug ring rather than targeting the single leader alone. Convictions result in the same penalties as the target substantive offense.
Importation And Exportation
Bringing illegal drugs into the U.S. from outside its borders or facilitating their export is a serious federal offense prosecuted under 21 U.S.C. 952 and 953. This includes smuggling controlled substances across international borders by all methods of transportation. Arranging drug shipments that travel through multiple states or countries is likewise a federal import/export violation due to interstate commerce implications. Sentences for such “kingpin” roles in international drug networks are very long under federal law.
Additionally, federal drug laws take effect whenever controlled substances cross state lines, even if no international border is involved. This allows federal prosecutors to assert jurisdiction over large drug operations spanning multiple states when the drugs or proceeds are transported across those boundaries.
Manufacturing
Producing illegal controlled substances in commercial quantities is a major felony under state and federal drug laws. Manufacturing includes all facets of the production process from acquiring precursor chemicals or equipment to the final packaging or distribution of the finished drugs. Super-sized illegal drug labs capable of synthesizing methamphetamine, MDMA, fentanyl, or other narcotics almost always face heavy charges at the federal level due to their danger and scale. This may involve violations of further CSA provisions regarding regulated chemicals too.
Growing Marijuana
Cultivating marijuana plants remains a felony in most states despite movements toward decriminalization elsewhere. Some legalized marijuana states still prohibit at-home cultivation of certain plant amounts without a license. At the federal level, manufacturing over 100 plants holds a mandatory minimum 5-year sentence. Large-scale grow operations are treated as manufacturing cases whether marijuana is legal recreationally under state law or not due to the CSA’s supremacy. Consultation with lawyers that handle federal drug cases is imperative.
Prescription Drug Offenses
In addition to illegal street drugs, prescription medications obtained or used for non-medical purposes are also regulated controlled substances. This involves doctor-shopping schemes to fraudulently acquire pain pills and other narcotics along with forging or altering prescriptions. Sharing legitimately prescribed controlled substances with others can likewise warrant prosecution. Physicians face licensing actions or criminal charges for over-prescribing medications or failing to properly secure their supplies.
Sentencing Considerations
Judges weigh various factors when determining an appropriate sentence for drug crimes. These may include the type/amount of drug(s), role in the offense, acceptance of responsibility, prior criminal record, violence/safety concerns, and compliance with release conditions. Mandatory minimum sentences are common at the federal level and in some states while other courts have more discretion to diverge below guideline ranges. Successful diversions or alternative programs can spare some low-level offenders from long-term incarceration too when deemed fit.
