When Is a Drug Crime Considered a Felony?
Law enforcement officers classify a drug crime as a misdemeanor or felony. If this type of crime is defined as a federal offense, it usually involves the commission of a serious criminal act or a repeat offense. Therefore, it’s important to view the repercussions of this type of crime if you’re charged with illegal possession or trafficking. Doing so will help you learn more about some of the penalties you may be facing.
Schedules Related to Drug Crime Enforcement
In 1970, the Controlled Substances Act was enacted, classifying narcotic substances into five “schedules.” Narcotics are therefore classified and assessed in great part by the Drug Enforcement Administration (DEA) and the Federal Drug Administration (FDA).
The potential for abuse and medical applications for drugs determine how they are arranged by schedule. The medications with the greatest risks are listed in Schedule I, while those with the least potential for addiction are listed in Schedule V.
Certain designations on the list, particularly marijuana, which is a Schedule I drug, are the subject of some debate. For example, cannabis is classified in a higher schedule than cocaine, despite the feeling by some that it is not as addictive.
While there have been numerous efforts to have marijuana reclassified from Schedule I, none have been successful even though the drug is widely accepted as a medical or recreational drug in the majority of states.
Nevertheless, the drug is still considered highly addictive by the Drug Enforcement Agency (DEA) and U.S. Food and Drug Administration (FDA). Both agencies concur that that drug has no medical use for treatment.
Schedule I Drugs
Schedule I narcotics include marijuana, heroin, LSD, peyote, and ecstasy. These are not recognized as being medically useful and therefore present a significant potential for misuse.
Schedule II Substances
Drugs under schedule II include cocaine, methamphetamine, oxycodone, Vicodin, and Adderall. Although these substances have a strong potential for abuse, they are viewed as less dangerous than Schedule I substances.
Schedule III Narcotics
Controlled substances under this schedule include anabolic steroids, ketamine, and testosterone. Schedule III medications have certain medical applications but also carry a danger of dependence.
Schedule IV Drugs
The drugs, Ambien, Xanax, Valium, and Ativan are categorized as Schedule IV substances. There is less probability that these medications will be abused.
Schedule V Drugs
Cough suppressants are listed as Schedule V drugs. The majority of the pharmaceuticals under Schedule V are taken as over-the-counter medications and have the lowest risk.
Misdemeanor Drug Charges
Usually, a drug offense is considered a misdemeanor if you’re in possession of a Schedule III or IV substance or you possess 4 ounces or less of marijuana. You may also receive a misdemeanor charge if you’re caught with drug paraphernalia. Misdemeanor drug charges carry, on average, up to one year in jail or a fine of up to $4,000.
You may face a felony charge if you are carrying over a certain amount of a Schedule III or IV substance or are in possession of a group I or II substance. Growing marijuana is also considered a felony as is drug distribution or the intent to distribute drugs.
A felony, if you’re convicted, can lead to the loss of certain rights, such as owning a firearm or, if you have been convicted of drug trafficking, the loss of being able to travel outside the U.S. It’s easy to see how courts make this ruling, as drug traffickers often are involved in transnational shipments.
For example, the DEA reports that cocaine remains a major drug threat in the Caribbean, with transshipment points located between South America and the U.S. The drug is usually delivered to islands through the use of maritime vessels from places such as the Dominican Republic, Venezuela, or Colombia. This type of activity is viewed as a risk to national security.
Crossing the State Line – Why A Drug Crime Turns Into a Federal Offense
Any crime committed over state lines may be prosecuted as a federal offense. Therefore, authorities can charge you with federal drug trafficking if you’re discovered with a controlled substance while traveling intra-state.
The charge you receive for a drug offense depends on the kind of substance involved and whether or not you have a criminal history. If you’re facing a serious charge, you might be facing prison time from five to 40 years. This charge may also include as much as $2,000,000 in fines.
If you take part in drug trafficking, and it leads to another person getting injured or dying, you could receive a life sentence.
Keep in mind that drug trafficking is far more serious than possessing drugs. If you’re charged with drug possession, law enforcement officials may charge you with trafficking if they believe you intended to sell the drug. Therefore, if you’re found with a large amount of cash or drugs, you may face drug distribution charges.
The FBI reported that almost 4% of homicides in 2007 were narcotics-related. These crimes were committed during drug trafficking or drug manufacturing. That is also why the court system takes a dim view of trafficking.
Drug Crimes on Public Property
You might be charged with a federal offense if your crime was committed on public property. Public property includes any property in the public domain, or a site used by the public, such as a military installation, a national zoo or aquarium, or a national park.
One of the most common drug activities that take place on public lands is the cultivation and harvesting of marijuana.
The Drug Enforcement Administration or DEA is responsible for upholding the laws that govern banned substances. Therefore, the agency primarily focuses on arresting and prosecuting people who cultivate, manufacture, or distribute illegal substances. They also investigate activities where narcotics are imported from outside the U.S.
Minimum Punishments for Federal Drug Offenses
Mandatory minimum penalties are required for several federal drug offenses. This means that the judge must impose a minimum prison term for a defendant if they are found guilty of a specific drug crime.
A judge can only impose a sentence with a penalty that is less than the mandatory minimum requirement if a prosecutor specifically requests it.
The obligatory minimum penalty for the majority of federal drug offenses is either five or ten years in prison. If the offender has a prior state or federal drug felony conviction, or if the drug offense they committed caused harm or death, they might be sentenced to at least 20 years for their crime.
Call Jance M. Weberman If You’ve Been Accused of a Federal Drug Crime
An illegal drug accusation is of the utmost seriousness. Even a non-violent drug offense carries a lengthy prison sentence and high fines. Contact a knowledgeable defense lawyer as soon as you learn that you are under investigation or have been charged. In Los Angeles, call Jance M. Weberman, a Professional Law Corp at (213) 386-9100 ASAP.