Drugs

What Drug Crimes Are Federal?

Any drug offense can be federal. If a federal agency such as the FBI or DEA was involved in the investigation or arrest, the offense involved drugs crossing state lines, or occurred on federal property or territory it will be prosecuted by the federal government. Federal prosecutors can also take over state cases if there is an agreement with state authorities, or if there is a federal interest. Federal drug crimes carry much higher penalties than state drug crimes. They are charged as felonies and/or misdemeanors.

What is the punishment for federal drug crimes?

The punishment for federal drug crimes is severe. It may include millions of dollars in fines and decades in prison. Most are charged as felonies, but there are a federal drug offenses that may be charged as misdemeanors.

• Misdemeanors: Most federal drug offenses are felonies with extreme penalties. The following are some of the few federal drug misdemeanors, and are rarely charged by the federal government without accompanying felony charges.

• 21 U.S. Code § 841(b)(4) – Distributing small amount of marijuana for no remuneration
  Distributing a “small amount” of marijuana for no compensation is treated as “simple possession” under 21 U.S. Code § 844, a federal misdemeanor punishable up to 1 year imprisonment. If convicted, the defendant is required, if able, to pay the “reasonable costs” of the investigation and prosecution of the offense.

• 21 U.S. Code § 844 – Simple possession
  The first time offense for possessing a controlled substance without a valid prescription is punishable by minimum fine of $1,000 and imprisonment up to 1 year. This prohibition extends to “list I chemicals” which are chemicals used to make controlled substances. A second offense becomes a felony punishable by minimum fine of $2,500, and imprisonment of 15 days up to 2 years.

• 21 U.S. Code § 842 – Prohibited acts B (Dispensary violations)
  Dispensary violations are federal misdemeanors, punishable by fine and imprisonment up to one year. They include tampering with labels and seals, failing to make or keep records, and refusing access to authorized inspectors.

Felonies:

The most common federal drug crimes involve drug trafficking and are charged as felonies. This includes distribution, possession with intent to distribute, manufacture, importation, and exportation. These crimes are punishable with extreme fines in the millions of dollars and many years in prison. The punishment depends on the kind of drug, the quantity involved, and whether it is the first, second, or third offense. For example:

21 U.S. Code §§ 841, 960, 962, and 46 U.S.Code §70506 – Unlawful distribution, possession with intent to distribute, manufacture, importation and exportation, etc.