Essential Things to Know about Drug Crimes and Drug Laws

Drug crimes are fast becoming typical across the United States. However, the laws governing these crimes are complex. Hence, you need a local drug lawyer to help you navigate through drug crime charges. 

This article discusses drug crimes, the process of prosecuting these crimes, and the possible punishment for drug-related offenses. 

Understanding Drug Crime

Drug crimes are offenses related to drugs or controlled substances. The federal government and every state have laws governing the possession, usage, manufacturing, and trading of certain drugs. Every crime has well-defined criteria and different repercussions, mainly based on the severity of each crime. Speaking to Criminal Defense Attorney Christopher W. Adams, Esq. of Adams & Bischoff can help you better understand this aspect of the law. 

Generally, there are four categorizations of drug crimes. They include:

Possession: It is the most standard crime for drug offenses. Drug possession charges often happen when an individual consciously possesses a drug without permission. It includes having a drug without adequate prescription. 

Drug possession charges often consider the amount of drug in a suspect’s possession. The punishment depends on what the suspect aims to use the drug for—whether for personal consumption, distribution, or sale. 

Usage: It is criminal to consume illegal drugs, especially when the drug requires a directive from a physician. Using drugs without the required prescription makes you a criminal. 

Manufacturing: Drug manufacturing usually entails making a synthetic chemical substance. It also involves “cooking” or extracting a natural drug. Examples include planting illegal marijuana or cooking methamphetamines. Some jurisdictions also consider packaging a drug for resale as manufacturing. 

Distribution: This drug crime entails the smuggling, trafficking, selling, and delivering illegal substances. 

Drug trafficking, depending on the volume and drug type, can also count as a drug crime. 

Other Kinds of Illegal Drugs

The usage and purpose of a drug determine its legality. For example, marijuana is still unlawful in many states. Conversely, most states allow it for recreational purposes, while others endorse it for medical uses. 

Prescription drugs are legal for those who have a physician’s consent. However, it is illegal to consume a prescription drug without a doctor’s directive. 

Marijuana remains the most abused illegal drug in the US despite its ban in most states. Marijuana laws have recently experienced noticeable changes. Some states endorse marijuana for recreational and medicinal purposes, while many more approve it for medical uses with a valid prescription. 

Cocaine, ecstasy, PCP or “Angel Dust,” heroin, and methamphetamines are other typically abused illegal drugs that may lead to criminal charges. 

Dissecting “Controlled Substance” 

A controlled substance is essentially a drug that the authorities regulate. These substances are rigidly under government regulation because they harm people’s health and welfare. The Controlled Substances Act identifies five schedules of drug classes based on the likelihood of misuse, medicinal impact, likelihood of dependency, and safety to the public. 

Lawful and unlawful drugs fall under controlled substances. 

Likely Punishments for Drug Crime Convictions

Most drug offense cases emanate from drug possession, trafficking, or manufacturing charges in federal and state systems. Expectedly, punishments for federal crimes are harsher than state charges. Also, every state has its drug crime laws and punishment system. 

Penalties often depend on the following factors:

The Kind of Drug Involved: The penalty is harsher for more harmful drugs. For example, you will face stiffer punishment for possessing heroin than marijuana. 

The Drug Volume: Possessing a large volume of drugs may suggest an intent to trade. 

Prior Convictions: An offender with past convictions may face stiffer punishment or sentencing. 

Parole or Probation Status: An offender may encounter unimaginable punishment if a court convicts them of a drug offense while still on probation. The court may even void their probation. 

Penalties for drug crimes may vary by state, but the general results include fines, probation, loss of child custody, community service, court-directed counseling, or imprisonment. 

What Paraphernalia Entails

“Drug paraphernalia” generally entails any tool people use to make, inject, inhale, or conceal unlawful drugs. The National Drug Intelligence Center says it is unlawful for anyone to sell, import, or export drug paraphernalia. Examples of drug paraphernalia include bongs, rolling papers, syringes, and various pipes. 

Most drug paraphernalia appears to be serving a lawful purpose on the surface. For example, most bongs have labeling that consumers should use with tobacco. However, this label does not automatically exclude you from facing drug crime charges, depending on its look and where you purchased it. 

Drug Manufacturing or Delivery

Drug manufacturing is a drug offense involving any phase of the production of an illegal narcotic. Federal and state laws also classify the delivery of illegal narcotics as a crime. 

The law requires prosecutors to prove the intent to manufacture and possess to convict a suspect. Possible penalties include fines and jail time. 

Explaining Drug Dealing

It typically refers to trading unlawful drugs on a smaller scale. The federal law and each state express drug dealing and trafficking differently. 

The punishment for drug dealing is usually less intense since it involves an individual trading a small volume of drugs. The Drug Enforcement Administration (DEA), the body responsible for determining federal penalties for drug trafficking and dealing, says selling below 50 grams of marijuana can lead to five years in jail and a $250,000 fine. However, selling 1,000 kilograms of marijuana can fetch an offender ten years or life imprisonment. 

Drug Trafficking

According to drug trafficking and distribution regulations, it is unlawful to sell, transport, and import illegal controlled substances, such as marijuana and cocaine. Drug trafficking and distribution is a felony, making it more severe than mere drug possession. It often entails transporting a large volume of drugs. 

However, the police may think you want to sell the large amount of narcotics in your possession, making you face distribution charges. Drug trafficking conviction ranges from three years to life imprisonment. 

Likely Immigration Consequences for Drug Crimes

A drug offense can negatively impair a non-US citizen’s immigration status if it leads to a felony conviction. For example, a drug trafficking conviction can lead to their immediate deportation. If they have a history of past drug convictions, they might become ineligible to enter the United States or apply for citizenship. 

Contact an Attorney for Help

Hiring a local and reputable drug lawyer when facing drug crime charges is advisable. As discussed, the punishments for drug crimes are harsh and severe. Hence, you need an attorney to advise you on the best way out. 

Your lawyer will defend your rights, help you with legal technicalities, and represent you in court for the best possible outcome.