{"id":352173,"date":"2023-11-22T19:16:38","date_gmt":"2023-11-23T00:16:38","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/criminal\/criminal-charges\/types-of-drug-crimes.html"},"modified":"2023-11-22T19:16:38","modified_gmt":"2023-11-23T00:16:38","slug":"types-of-drug-crimes","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-charges\/types-of-drug-crimes.html","title":{"rendered":"Types of Drug Crimes"},"content":{"rendered":"\n
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Types of Drug Crimes<\/h1>\n\n
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\n By John Mascolo, Esq.<\/a> | Legally reviewed by John Mascolo, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

Drug crimes include possession, trafficking, manufacturing, and paraphernalia-related offenses, with penalties varying based on the drug’s classification. Federal and state laws regulate these crimes, though marijuana laws differ significantly across states. Serious violations like trafficking or manufacturing can result in long prison sentences.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

The law places strict limits on the use, possession, manufacture, and distribution of drugs.\u00a0Federal law<\/a>\u00a0regulates drugs and sets up five drug schedules. Placement in a particular schedule comes from knowledge of the drug’s accepted medical use and potential for abuse and dependency.<\/p>\n

State laws tend to follow the federal drug schedules. Marijuana,\u00a0also known as cannabis,\u00a0is the notable exception. Many states have sought to\u00a0decriminalize or legalize<\/a>\u00a0personal use of marijuana in recent years.<\/p>\n

Drug crime convictions can have severe penalties and lasting consequences. Crimes involving the illegal manufacture, trafficking, or distribution of drugs can bring long prison sentences. If you are facing this type of charge, it is critical you work with an experienced criminal law attorney<\/a>\u00a0for help building a strong defense.<\/p>\n

This article provides an overview of some common types of drug charges. It also discusses the potential penalties associated with these crimes.<\/p>\n

The Controlled Substances Act<\/h2>\n

In 1970, Congress passed the Controlled Substances Act<\/a> (CSA). The CSA created five\u00a0drug schedules<\/a>. Drugs placed in Schedule I<\/b> represent the most dangerous drugs. The government states these drugs have no accepted medical use and a high risk of dependency and abuse. At present, Schedule I drugs include heroin, LSD, ecstasy, and marijuana.\u00a0<\/p>\n

Schedule II<\/b> drugs present a high risk for abuse but have limited medical use. Drugs in Schedule II include cocaine, methamphetamine, and opioid drugs such as Vicodin, Oxycontin<\/a>, fentanyl, and morphine.\u00a0<\/p>\n

Schedule III<\/b> drugs, including ketamine and Tylenol with codeine, have medical benefits and a lower risk of dependence and abuse.\u00a0<\/p>\n

Drugs in Schedule IV<\/b>, such as Xanax, Ativan, and Valium, have medical use and even lower risk of dependency.<\/p>\n

Schedule V<\/b> contains controlled substances with the lowest potential for abuse. It includes drugs like Lyrica and Robitussin AC.<\/p>\n

Drug offenses appear in both federal and state laws. So, a given drug case may involve federal authorities such as the DEA and the FBI, or local law enforcement. Cases brought under federal law will go forward in federal court<\/a>. State drug cases will take place in local municipal and county courts.<\/p>\n

Possession of Scheduled Drugs<\/h2>\n

A person cannot face prosecution for the status of being under the influence or addicted to illegal drugs. There must be some nexus to criminal behavior. In 1962, the U.S. Supreme Court struck down a statute criminalizing addiction as unconstitutional in the landmark case\u00a0Robinson v. California<\/i><\/a>.<\/p>\n

The most basic drug charge is\u00a0possession of illegal drugs<\/a>. This crime punishes defendants who have illicit substances on their person or in their control. This charge only requires knowledge of the drug’s nature and its presence on or near the person. The issue does not turn on\u00a0ownership, so\u00a0holding onto someone else’s cocaine or heroin could result in criminal charges.<\/p>\n

The law permits people to have possession of a controlled substance when they have a valid prescription from a doctor, but the government\u00a0may bring drug possession charges against those in possession of prescription drugs without a prescription. Because abuse of prescription drugs is\u00a0a public health crisis, some states may prohibit possession of lawfully prescribed medications outside their original pharmacy packaging.<\/p>\n

Illegal possession of drugs often results in a felony drug conviction<\/a>. In cases involving drug abuse that aligns with personal use, most courts offer diversion and treatment programs instead of punishment. The development of drug court programs represents a major reform from the “War on Drugs” of the 1970s and 1980s.<\/p>\n

A person in possession of illegal drugs can face charges of simple possession. They may also face an enhanced charge for possession with the intent to distribute<\/a> based on the quantity of drugs. The intent to distribute can appear from the amount or weight of the drugs. The greater the quantity of drugs, the more likely an inference that it pertains to more than personal use.<\/p>\n

The\u00a0legalization and decriminalization<\/a> of\u00a0marijuana\u00a0continues to expand at the state level. As a result, in many states, possessing a small amount of marijuana for personal or medical use is not a crime. Many states where marijuana remains illegal have lowered the criminal penalties associated with it. Offenders may face only a fine or suspended jail time and probation.\u00a0<\/p>\n

Marijuana possession<\/a> remains illegal under federal law, but\u00a0federal authorities often defer to state jurisdiction on such matters. The exception would be large-scale illegal trafficking of marijuana, especially when it crosses state lines.<\/p>\n

Drug Dealing and Drug Trafficking<\/h2>\n

Drug dealing and drug\u00a0trafficking\u00a0laws make it illegal to sell, trade, or otherwise exchange scheduled drugs. Some state laws differentiate offenses for selling drugs for value from providing or sharing drugs.\u00a0Drug trafficking<\/a>\u00a0is generally a felony offense. It becomes more serious when a case involves a large amount of drugs, or when a person’s death results from drug trafficking.\u00a0<\/span><\/p>\n

Even small-time drug dealing, such as one person selling an amount of scheduled drugs for personal use, can result in a felony conviction. In such cases, the type of drug and the defendant’s criminal record may affect the sentence.<\/p>\n

According to the\u00a0Drug Enforcement Administration<\/a>\u00a0(DEA), federal law provides the potential penalties for drug trafficking charges. For example,\u00a021 U.S.C. Section 841<\/a>\u00a0provides that selling 100 grams of heroin can result in a minimum sentence of five years in prison. That same law provides for a minimum sentence of 10 years for selling 50 grams of methamphetamine.<\/p>\n

Federal drug charge penalties are also enhanced if the dealers or traffickers use a firearm while selling drugs. See\u00a018 U.S.C. Section 924(c)<\/a>.<\/p>\n

Manufacturing Drugs<\/h2>\n

Another type of drug crime is\u00a0drug manufacturing<\/a>. This may involve any step of the production process of an illegal drug. Federal drug laws prohibit the cultivation of marijuana, which might be entirely legal under state law.<\/p>\n

The federal government has resisted punishment of state marijuana cultivation at present. It recognizes medical and personal use exceptions<\/a> in state law in a limited sense. Given the tension in federal and state laws, state regulation of the cannabis industry can be quite complicated.<\/p>\n

Another form of drug manufacturing is the production of methamphetamines,\u00a0commonly known as a\u00a0meth lab. This crime is especially dangerous because of the harmful chemicals involved in the production process and the risk of fire. A conviction for running a drug manufacturing operation may result in a lengthy prison term.<\/p>\n

Possession of Drug Paraphernalia<\/h2>\n

In general,\u00a0drug paraphernalia<\/a>\u00a0describes any equipment that is used to prepare, inject, or inhale illegal drugs. It also refers to any equipment used to conceal, produce, or package drugs.<\/p>\n

According to the\u00a0National Drug Intelligence Center<\/a>, it is against federal law for anyone to sell, import, or export any type of drug paraphernalia. Many states also prohibit possession of paraphernalia as a misdemeanor offense. Examples of drug paraphernalia include but are not limited to:<\/p>\n