Each year in the United States there are more people arrested for drug related crimes than for any other offenses. Drug crimes include offenses consisting in possession, sale, distribution and manufacture of controlled substances. These crimes violate both state and federal law and result in a wide range of possible penalties.

Types of drug crimes

Some of the most often committed drug offenses include:

· Simple possession: the possession of a controlled substance without a valid prescription and with no intent to distribute it

· Distribution, sale and trafficking: the possession of a larger amount of drug than needed for personal use

· Manufacturing: operating places with the intent to grow or produce controlled substances

· Continuing criminal enterprise: trafficking an illegal substance in concert with 5 or more people

· Conspiracy: promoting the manufacture or distribution of drugs

· Protected location offense: distributing drugs to persons under age 21 within a school or playground zone

· Unauthorized importation of illegal substances

· Investing drug profits into the legitimate economy

Drug offense related penalties

The penalties a defendant can receive for drug related crimes depend on a series of factors including the type and amount of the drug, the circumstances of the crime and the defendant’s prior criminal record.

In 1970 Congress adopted the Comprehensive Drug Abuse Prevention and Control Act which classifies controlled substances into fife categories, based on their addiction potential compared to their therapeutically value. The act also establishes the penalties for different types of drug related offenses. The most severe penalties involve drugs listed in Schedule I, which have a high potential for abuse and no accepted medical use, like heroin, LSD and marijuana.

The penalties might be less harsh under state sentencing, than under federal sentencing. For example in a state court a person convicted for possession might face a court ordered drug treatment rather than jail and probation is often available for first time offenders.

Federal drug laws specify minimum and maximum terms of imprisonment based on the type and amount of drug involved but also depending on the circumstances, whether the offense resulted in somebody’s injury, whether a firearm was used or whether minors were involved. Judges have the right to depart from guidelines, but minimum and maximum mandatory sentences must be respected.

Contact an attorney

If a person is under investigation for a drug related crime he should seriously consider hiring a federal drug crimes attorney. The chosen lawyer should have experience in both state and federal court, and present the defendant’s legal options. If the case goes to trial a valid defense can be built on the theory that the evidence against the defendant was obtained by a violation of constitutional rights, like an unreasonable search or seizure and therefore the evidence is not admissible in court.