Most people who are arrested for drug possession are arrested by local law enforcement. However, they may end up charged with federal criminal charges, even if they have never left the state, because drug possession can be both a state and federal crime. Federal drug charges often involve serious mandatory minimum sentences, even when they involve a relatively small amount of a controlled substance.
Federal Drug Categories
Under the Controlled Substance Act (CSA), the government regulates the possession of drugs, separating various substances into five schedules based on their perceived potential for abuse, medical use, and safety.
- Schedule I drugs have a high potential for abuse, with no currently accepted medical value in the U.S. These are considered dangerous drugs and include heroin, LSD, Ecstasy and Bath Salts. Despite a widespread change in public opinion and legalization at the State level, marijuana is still considered a Schedule I substance. However, it is now very rare for federal authorities to prosecute possession of marijuana, instead choosing to focus on drugs which are understood by experts and statisticians to be actually dangerous drugs.
- Schedule II drugs still represent a high level for abuse, but they are considered to have a currently accepted medical value in the U.S. These include drugs such as methamphetamines, codeine, fentanyl, morphine, OxyContin, and Percocet. Despite its schedule II classification, fentanyl has now become the prime law enforcement target, even more so than other Schedule I drugs. Prosecutors usually push for maximum sentences in cases involving fentanyl.
- Schedule III drugs have a currently accepted medical use in the U.S., but still have a potential for abuse or safety concerns lower than Schedule I or II drugs. These include some appetite suppressants, depressants like ketamine, and anabolic steroids.
- Schedule IV drugs are classified as having a low potential for abuse or dependence, including commonly prescribed drugs like Xanax, Valium, Ambien and Ativan.
- Schedule V drugs have an even lower potential for abuse than Schedule IV drugs, and may have a lower quantity of certain narcotics, such as prescription cough medicine. Except in unusual cases, law enforcement do not focus on Schedule V drugs.
Simple Possession
Simple possession of a controlled substance generally involves a small amount of drugs that were intended for personal use, rather than for sale to another person or use in a distribution network. Possession can be proven through actual possession, such as having the drug in your pocket, or by constructive possession. You may be considered to be in constructive possession of drugs if you knew or should have known about the drugs, and they are found in an area within your control. For example, if drugs are in a person’s home or vehicle, it is not a credible defense to argue that one did not know they were there, apart from a persuasive explanation why.
Distribution of small amounts of marijuana may sometimes be treated as simple possession. Whether someone is charged with federal drug possession or the more serious charge of federal drug trafficking will usually depends on the quantity of drugs involved. A larger amount of drugs raises the presumption to trafficking; however, this amount depends on the individual substance involved. A skilled criminal defense attorney can often negotiate a distribution charge down to a possession charge, or even multiple distribution charges down to one charge of simple possession. In order to reach this result, Walker Fults looks at every detail of a case’s evidence to argue the context of a situation, differentiating it from more serious cases in which a stricter penalty would be fair.
Federal Drug Possession Penalties
Federal drug possession charges may carry heavier penalties that state possession charges. Simple possession can result in up to a year imprisonment, with fines of $1,000 or more. A second possession conviction can result in up to 2 years in federal prison, and fines of $2,500 or more. Any subsequent conviction can mean a minimum of 90 days in a federal facility, with up to 3 years behind bars, and fines of $5,000 or more.
A federal drug conviction can lead to forfeiture of property involved, such as a vehicle. Federal drug convictions may also result in long term penalties, including becoming ineligible to own a firearm, serve on a jury, denial of federal benefits, and deportation for non-citizens or adverse immigration consequences for resident non-citizens.
Parole Considerations on Federal Drug Possession Charges
Most people are not aware that parole is available in almost every state case, but is not available in federal cases. In 1987, Congress abolished parole in the federal system in an effort to achieve comity among different federal jurisdictions and crack down on crime. If a person is sentenced in federal court, he will do almost all the time he is given, without the possibility of parole. Knowing this crucial difference between state and federal drug laws helps inform a defense attorney during the negotiation process while the case is ongoing.
Defenses to Drug Possession Charges
There are a number of available legal defenses when someone is charged with federal drug possession charges. Possible defenses include violation of Fourth Amendment search and seizure protections, showing the defendant was not in constructive possession of the drugs, or that the drugs belonged to someone else. The specific defenses available will depend on the facts and circumstances in the individual case. Federal drug possession defense lawyer Walker Fults is able to identify the best defenses available in your case.
With the mandatory minimum federal sentences associated with drug charges, federal drug crime charges should be taken very seriously. Don’t face federal drug charges alone. Call federal drug possession defense lawyer Walker Fults right away at 214-838-0557 for a free consultation on your particular situation.
