Contact Kuniansky & Associates Defense of a Federal Drug Crime What to do if you are Arrested or Contacted by Law Enforcement |
Federal and state drug possession laws make it a crime to willfully possess illegal controlled substances, as well as criminalizing the possession of "precursor" chemicals used in drug cultivation and manufacturing and certain accessories related to drug use. Drug possession laws vary according to drug type, amount, and geographic area of the offense. Possession of small quantities may be deemed "simple" possession, while possession of large amounts may result in a charge of presumed "possession with intent to distribute."
Federal Drug Schedules
Federal drug statutes classify controlled substances according to "schedules." The Attorney General has the authority to delete, add or reschedule substances. State schedules refer to or are based on federal schedules. Drugs included on these schedules are referred to as "Controlled Dangerous Substances" ("CDSs").
Sentencing
Sentencing for drug crimes generally depends on the quantity of the drug, its classification under the schedules, and the purpose of its possession.
The most serious drug crimes are related to Producing, Manufacturing and Selling drugs. Prosecutors can prove your intent to distribute drugs simply by showing the quantity of the drug, without requiring evidence that you actually distributed it.
In some states possession of drugs for personal use is punished less severely than distribution crimes, for example simple possession of a small amount of marijuana may be decriminalized or treated as a disorderly person's offense. However, possession of a larger quantity of marijuana or other drug, even if for personal use, is treated as a serious crime.
Drug Trafficking
Drug distribution/trafficking laws penalize the selling, transportation, and illegal import into the United States of unlawful controlled substances. Federal and state drug distribution/trafficking laws and punishments vary according to drug type, amount, geographic area of distribution, and whether minors were sold to or targeted. Drug distribution/trafficking laws can implicate a single individual or a broad ring of people involved in organized illegal drug activity.
In both the federal and state system the penalties can be severe, particularly for repeat offenders. Understanding the federal sentencing guidelines and applicable statutes are necessary for any person accused of a drug trafficking crime.
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440 Louisiana, Suite 200
Houston, Texas 77002
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