The Comprehensive Drug Abuse Prevention and Control Act of 1970 classifies marijuana, narcotics, and other drugs into five categories, or Schedules. Besides establishing requirements relating to manufacture and distribution of drugs, the law also defines penalties for violations of the Act. Depending on the type of drug and quantity of the drug involved the criminal penalties can be severe. If you are facing federal drug charges, consult with an experienced and knowledgeable criminal defense attorney for advice on your rights.
Federal Drug Offenses
The criminal conduct in a Federal drug prosecution may be the same as a state level drug but the prosecution is very different. Drug crimes under the Controlled Substances Act include:
- Drug trafficking: manufacturing, distributing or possessing with the intent to distribute illicit drugs
- Manufacturing: operating places for the purposes of manufacturing, distributing, or using illicit drugs, or endangering human life while so doing
- Continuing criminal enterprise crimes: trafficking in illicit drugs by a person in concert with 5 or more other persons
- Conspiracy: involves attempts and the promoting and facilitating of manufacture, distribution, or importation of illicit drugs
- Protected location offenses: distributing illicit drugs to persons under age 21, within a school or playground zone, and employing persons under age 18 in drug operations
- Simple possession: possessing controlled substances without a valid prescription from a licensed medical practitioner. Simple possession does not involve intent to distribute the drugs.
The Drug Enforcement Administration (DEA) enforces the federal controlled substances laws and regulations. In addition, drug crimes at the federal level may include violations of tax law, such as tax evasion and the Racketeer Influenced and Corrupt Organizations Act (RICO).
Sentencing under Federal Law
Federal drug laws specify minimum and maximum terms of imprisonment, based on the type and quantity of drug involved. Federal judges considering sentencing for violations of the controlled substances act usually start by reviewing the federal sentencing guidelines, which set out the possible criminal sentences based primarily on two factors:
- the "offense level" (of which there are more than 40 for drug charges), and
- the defendant's criminal history
The higher the offense level, the worse the sentence will be. Having a prior criminal record will increase the sentence. If you're a first-time offender, the penalties are less, but they still may include prison time, forfeiture of personal property and real estate, steep fines, and deportation if you're not a U.S. citizen. Judges have discretion to depart from guidelines, but they must still stay within the mandatory minimum and maximum terms specified by statute.
Contact an Experienced Criminal Defense Attorney
Prosecution for a federal drug charge is one of the most serious criminal cases someone can be charged with. It can be prosecuted in federal court, state court, or both. If you are convicted it can affect you for years to come. At the Law Office of Andrew R. Lynch, we fight hard to protect you. We prepare every case as if it is going to trial because this how we are able to obtain the best outcome for you. If you are facing criminal prosecution contact us.
Contact us today to discuss your legal needs.
