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Everything to Know about Federal Drug Crime Laws

Apr 01 2022
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The federal government takes drug crimes very seriously. Federal prosecutors go to great lengths to make sure that possession, manufacture, and trafficking of drugs offenses receive the most severe sentence allowable under the law and the U.S. Sentencing Guidelines.

Many states have their own drug laws, but federal drug laws supplant state laws, even in states where marijuana has been made legal for medical or recreational purposes.

Here is a comprehensive guide to federal drug crimes, which will hopefully give you a better understanding of what federal laws say about drugs, how different substances are viewed under those laws, and the consequences a person can face if they are found guilty of violating those laws.

Federal Drug Laws

The federal government has created laws to control how people use, possess, distribute, and manufacture drugs, both legally and illegally. The federal agencies tasked with enforcing these laws work extensively with local and state law enforcement. They help ensure the laws are enforced effectively and that substances deemed a danger to the public are under effective control.

Most of the time, federal drug enforcement agencies focus on the trafficking of drugs, but people can be arrested and and prosecuted for other drug-related offenses under federal law.

The Federal Controlled Substances Act

Most states, including Texas, have their own controlled substances acts, but the federal government has enforced the Comprehensive Drug Abuse Prevention and Control act of 1970 since it was passed. Under this larger act, the federal Controlled Substances Act was born, which grants federal jurisdiction over certain drugs, chemical substances, and plants. It also established a scheduling or classification system for drugs.

Under the Controlled Substances Act, there are several things that are considered when drugs are placed into certain schedules including:

  • The potential the drug has for abuse
  • If it has any scientifically established medical use
  • The history of the drug
  • The observed patterns of its abuse
  • How widespread the abuse of the substance is
  • What public health risks exist due to the drug
  • How likely the drug is to cause dependence – either psychological or physical

It also considers if the substance comprises part of making another controlled substance.

Anti-Drug Abuse Acts of 1986 and 1988

The above graph demonstrates the rising rates of illegal drug use, in spite of the creation of anti-drug abuse acts in the late 1980s.

The Anti-Drug Abuse Act of 1986 permits the Controlled Substances Act to include substances that are considered similar to other controlled substances in the drug schedule. These drugs are also known as synthetic drugs.

The 1986 Act also established mandatory minimum sentencing for federal drug crimes. It addressed the differences between crack cocaine and powdered cocaine in relation to how much of the substance a person must possess in order to be subject to mandatory minimum sentencing.

The 1986 Act was passed to help reduce the demand and availability of certain substances. The Act also created the Office of National Drug Control Policy whose director is often referred to as the drug czar.

It is responsible for placing mandatory minimum sentences on minors who are involved in drug crimes, as well as creating criminal penalties for violating the law on federal lands.

Finally, this Act also produced the Chemical Diversion and Trafficking Act to help reduce the availability of certain chemicals used in the manufacturing process of certain controlled substances.

Federal Drug Schedules

One of the most important things to understand about federal drug crimes deals with the drug schedules on which they are based. According to the Drug Enforcement Agency, substances, drugs, and other chemicals used to produce drugs are placed into five separate schedules. The schedule in which a drug is placed depends on a few factors, such as the potential the drug has to produce abuse or dependency – and if there are any accepted medical uses for the drug.

In the graph below, you can see the five schedules match with the various types of drugs placed into them.

The five federal drug schedules are:

Schedule I

The substances on this schedule, the most serious, have no present accepted medical use. They are also considered substances with a high potential for dependence and abuse. Substances on this schedule include LSD, heroin, ecstasy, peyote, methaqualone, and marijuana.

Schedule II

The substances on this schedule have a high potential for dependence and abuse. They are considered dangerous, but they also have some accepted medical use. Substances on this schedule include cocaine, Ritalin, fentanyl, hydromorphone, oxycodone, methadone, methamphetamine, and Adderall.

Schedule III

The substances placed on this schedule have a moderate or low potential for dependence and abuse, or at least less than those substances found on Schedule I and Schedule II. Substances found on this schedule include ketamine, testosterone, anabolic steroids, and some medications containing codeine.

Schedule IV

Substances on Schedule IV are those with a low risk of abuse and dependence which also have an established medical use. Substances on this schedule include Valium, Tramadol, Xanax, Ativan, and Ambien.

Schedule V

The substances on this schedule have a low potential for abuse and usually consist of substances that are preparations containing narcotics. This includes substances such as cough syrups with codeine, Lyrica, and Lomotil.

Federal Drug Crimes

What types of crimes can a person be charged with under federal law? There are several. They include:

Possession of a Controlled Substance

Possession is divided into two separate categories: Simple possession and possession of a substance with the intent to distribute.

Simple possession is the type of possession a person can be charged with if they are found to have small amounts of outlawed substances on them for personal use.

Possession of a substance with the intent to distribute happens when someone is caught with a certain quantity of drugs broken down into smaller amounts. It often includes the possession of other indicators of distribution, such as a large amount of cash or scales.

Federal Drug Distribution

Federal drug distribution, also known as trafficking, includes the acts of transporting, smuggling, or selling drugs. The drugs involved can either be illegal substances outright or prescription drugs that are intended to be distributed illegally.

It is a felony to traffic drugs in the United States. The penalties faced depend on:

  • The drugs involved
  • What schedule they’re on
  • How much a person is accused of trafficking
  • Where the drugs are being trafficked
  • Where the person is arrested
  • If there was an intention for the substances to be distributed to minors
Federal Drug Manufacturing

A person can be accused of federal drug manufacturing if they are involved in any step of the process to produce an illicit substance. This can include the sale of substances used to manufacture the drugs or manufacturing equipment. It also includes assisting in the actual production process.

It’s important to note that growing marijuana is considered drug manufacturing under federal law, as is producing methamphetamine. And, if a person is caught manufacturing illegal substances near playgrounds or schools, then they face harsher penalties.

Federal Drug Crime Sentencing

When it comes to federal drug crime sentencing, it’s vital to understand that federal judges in these cases are required to impose a minimum sentence for anyone convicted of a federal drug crime. This is called a mandatory minimum sentence.

Examples of the mandatory minimums that are imposed in the federal system include:

  • 90 days imprisonment for simple possession of a controlled substance with two or more prior convictions
  • One year imprisonment for the distribution of a controlled substance near a school unless another minimum sentence applies
  • 5 years imprisonment for trafficking 100 grams of a substance on Schedule I
  • 10 years imprisonment for those found guilty of trafficking at least one kilo of a Schedule I substance
  • 10 years imprisonment for a repeat offender
  • 20 years imprisonment in cases where serious injury or death occurred
  • 20 years imprisonment if there are any prior felony drug convictions on a person’s criminal record
  • Life imprisonment if there is a prior felony drug conviction on a person’s criminal record that involved serious injury or death – or they have two or more felony drug convictions
Possession Penalties

In most cases, simple possession under the federal system will result in 365 days in jail and fines of at least $1,000. However, being found guilty for the second time of simple possession can result in two years imprisonment and fines of at least $2,500. After that, other simple possession convictions can result in three years imprisonment with a minimum fine of $5,000.

Drug Trafficking Penalties

The minimum penalty a judge can impose for federal drug trafficking depends on the substance involved and its quantity. For example, someone found with between 100 and 999 kilograms of marijuana faces at least five years imprisonment but can be sentenced to up to 40 years.

A past criminal history is also taken into account, as well as facts regarding if anyone was injured or killed in the commission of the crime. This is one of the many reasons why anyone facing federal drug trafficking charges needs an experienced attorney on their side to help represent them in court.

Drug Manufacturing Penalties

A felony offense, federal drug manufacturing can result in significant prison sentences. One year of imprisonment is the minimum in the least serious cases, with 10 years or more being handed out in more serious cases. Fines imposed can go as high as $50,000 – or even more.

Defenses Against Federal Drug Crimes

If you are facing federal drug crimes, then it’s important that you hire an attorney with experience to help represent you and to ensure you mount an appropriate defense. Remember, the federal government has a lot of resources available to prosecute and investigate a case, so you need representation of your own to help get you the most favorable outcome possible.

Every case is different, but, in general, there are some common ways a person can defend themselves against federal drug charges. The most common defenses include:

Violation of Constitutional Rights

If your case involved a violation of your constitutional rights, particularly a violation of your Fourth Amendment rights against illegal search and seizure, then you can use that as a defense in court. Law enforcement officers, even federal ones, must have probable cause to search you and your property. If they did not have probable cause or a warrant to search you, then the evidence gathered through an illegal search and seizure can be thrown out.

Sometimes, that undermines the entire case of the government. In the best scenario, the whole case can be thrown out and charges dropped. Remember, your constitutional rights are important, and no one has the ability to violate them, including the federal government.

The Drugs Weren’t Yours

If you can prove that the drugs you were accused of possessing, manufacturing, or trafficking were not yours, and you had no intention of breaking the law, then that’s a viable defense. Bring facts like this to the attention of your attorney so they can explore this as a possible defense to the charges of your cases and build a good strategy to prove your innocence in court. It’s always vital to be 100 percent honest and upfront with your attorney – remember, the things you tell them are privileged, so it’s OK to let them know everything about your situation. Doing so will help you gain the best outcome.

Federal drug crimes are serious and can gravely impact your life forever. Being found guilty may not only send you to prison for years – it can also change your future long after prison. It can jeopardize any professional license you have, make it impossible to get federal loans for schooling, make it more difficult to get a job, and even make it harder to find suitable housing. You do not want this blemish on your record. Make sure to seek out an experienced and effective attorney as soon as possible if you are being charged with federal drug crimes.

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    Mr John is a great human being and a very knowledgeable attorney. He has always called me back promptly,advised me very clearly and never rushed our conversation. i was wrongfully accused … More and Mr John had my case DISMISSED!! on the day of trial after fighting for me for two years. I am very thankful to the John T. Floyd Law Firm. You will not go wrong with John. Mr John you deserve way more then 5 stars.Thank youShaikh.
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    John represented me in court for roughly 2 years. I won't (and shouldn't) get into any serious details, but let me tell you that I couldn't have chosen anyone better. … More Seriously.Every appearance in court I felt very comfortable. The judge and DA's had a high regard for his reputation. There is a time I recall where simply his presence greatly impacted the court's interpretation of my case and persons. We were in front of the stand and the judge could not stop talking about John's prestige and past accomplishments and how that took in relation to my case. I kept silent in front of the judge, but I observed then that John's popularity and reputation within the court had already given me a better looking rapport with the judge. Let me tell you, I never had more confidence then, knowing that the judge held him in such high regard.This is not to mention how personable John is. I'll be honest that during the stress of court, sharing a laugh with your lawyer helps a lot. This may sound a lot, but I really appreciated the relationship we had then. This is also not to mention that he was able to deal very well with any DA that rotated over the years. Seriously, John was great, prompt with information and very hands on with my case. I had great peace those 2 years until everything wrapped up.If you're looking for a lawyer, I highly, HIGHLY recommend the John T. Floyd Law Firm. He IS nationally renowned, you know. He'll get the job done to the utmost confidence. He's very experienced and has a great record to boot. I am glad to have had him represent me in court and trust me that I never thought I'd ever say that (and whoever does?). We explored every avenue of victory together and I personally enjoyed the experience, despite the seriousness of the accusation.If you have a case that needs to be represented at the highest levels, choose John T. Floyd. He's a good man and very good at what he does. Him and his team has the experience you need to make the best decisions and options to get the best outcome for your case. We got the best result I could possibly ask for, thank God.Seriously. Hire John. He knows what he's doing.Seriously.
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    Had the pleasure speaking with John Floyd on a personal matter, he was very responsive, nothing but exceptional, and he really cares about you with sincerity and most importantly knows … More what is he talking about! No games or bs, his approach to my situation even though I knew it was probably way smaller then what he normally takes on, he was extremely helpful and didn't care about the size of the matter like other attorneys do. He really looked out for my best interests. You can tell he has decades of experience doing what he does just by chatting with him. I would highly recommend him.
  • Avatar S A ★★★★★ 4 years ago
    Words can’t describe how grateful I am for working with John, he went above and beyond my expectation. I was wrongly accused and hired many lawyers before hiring John Floyd but they … More all disappointed me, I had lost hope until a friend of mine referred me to John. From the start he had my best interest in mind and gave helpful advice, he explained the process and guided me. He put more work and time than all my previous lawyers that cost me thousands of dollars. He was constantly communicating with court and defended me more than all lawyer i had hired before him. Don’t waste your time and money like I did, believe me when I say I hired countless lawyers before him and no one came close to John. I’m forever thankful for him for fighting for my innocence and getting my case dismissed. Thank you so much🙏🏼🙏🏼
  • Avatar Gary Watch ★★★★★ 4 years ago
    I called Mr Floyd and left a message, with in the hour I received a call back with much more information then I could have ever expected. Mr Floyd was very informative on every question … More I had for him. He seemed like he cared, instead of like most attorneys that you talk to that are just out for a quick buck. If you want someone that is going to shoot strait with you, and has your best interest in hand, this is you guy. This was the best experience that I have ever had with an lawyer.
  • Avatar Saman Daftarian ★★★★★ 4 years ago
    I can state with confidence that Mr. Floyd and his team are the most competent and professional lawyers one can hope for. My case was quite complex and I admit that as a law student … More I was not the most patient client. Mr. Floyd did a phenomenal job of managing the bench, prosecution and myself! The result was above expectation, and I will never hesitate to recommend this firm regardless of the caliber of the case at issue.
  • Avatar calvin robinson ★★★★★ 4 years ago
    It was a pleasure working with Mr. Floyd. I contacted him regarding a legal matter and he was extremely knowledgeable about the law, and responded in a timely manner. I appreciated … More the fact I did not feel rushed, and he made sure he thoroughly answered all questions I had. I would highly recommend him!Positive
    Responsiveness, Professionalism …More
  • Avatar Alan Howk ★★★★★ 4 years ago
    Spoke with John Floyd about a 45 year old criminal case I was involved in. I had very little information about the case and John helped me search what records were available and gave … More me guidance to find more information. He was very professional and took his time helping me. I may need to hire a lawyer on this case and Mr. Floyd will be the man.Thanks John.
  • Avatar CMCustom Cycles ★★★★★ 4 years ago
    Very professional and straight forward. He's not going to waste your time or money. Very knowledgeable in a large range of possible matters one could face living in these days … More and times. If ever you need legal assistance, this is who I would suggest. Awesome!Positive
    Responsiveness, Quality, Professionalism, Value …More
  • Avatar Greg Page ★★★★★ 4 years ago
    I called about some legal questions I needed to get clarified and John was able to give me clarification and sound advice. I will definitely contact John for all future legal questions … More and issues.Thank you John!Positive
    Responsiveness, Professionalism, Value …More
  • Avatar Kristen Rankin ★★★★★ 4 years ago
    Knows his stuff and well respected with DA and judges. I have referred him a couple times and every client has been satisfied
  • Avatar Kedar Puranik ★★★★★ 4 years ago
    John is beyond knowledgeable! If I decide to pursue my case any further I would only have him represent me.
  • Avatar Joseph Sivadon ★★★★★ 4 years ago
    What a great attorney, this guy really took time out of his day to answer my questions and explain my case to me. Very grateful, thank you so muchPositive
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  • Avatar Lex Strider ★★★★★ 4 years ago
    Absolutely a very professional lawyer. Very well read in the current law and more than willing to help if needed.
  • Avatar karim khalifa ★★★★★ 4 years ago
    Mr. John he’s a professional he knows what he’s doing and he’s patient they recommend Him stronglyPositive
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  • Avatar James Haggard ★★★★★ 4 years ago
    Great service, very knowledgable and happy to help with any questions I had
  • Avatar David Sustaita ★★★★★ 4 years ago
    Quick to action and helpful and knowledgeable with entertainment industry based issues!
  • Avatar Chad Groves ★★★★★ 4 years ago
    Responded on a holiday week. Very knowledgeable and reassuring.
  • Avatar Mark Fein ★★★★★ 4 years ago
    Very professional
  • Avatar Bthomason903 Bthomason903 ★★★★★ 4 years ago
  • Avatar Anton Jasser ★★★★★ 4 years ago
  • Avatar Alma Garza ★★★★★ 4 years ago
  • Avatar Victory 2020 ★★★★★ 6 years ago
    I want to thank John T. Floyd and all of his team. He is the best lawyer who cares aboutHis clients and fights really hard to get the best outcome. He is a fighter and he is awesome!!!I … More recommend if any one needs criminal defense , he is the BEST. We had a really serious caseAnd we are very thankful for the outcome. Thank you John!!!!! God bless you!!!!!!
  • Avatar Alma Garcia Cunningham ★★★★★ 6 years ago
    The attorneys at John T. Floyd Law Firm work diligently to achieve the best possible results for their clients. They are caring and knowledgeable professionals. Their expertise in the … More law and their experience as trial attorneys makes them the right choice as a defense attorney. I recommend this law firm highly.
  • Avatar Rajiv Patel ★★★★★ 6 years ago
    From beginning to end this firm handled my case like the top tier professionals they are. I would not trust ANYONE else with my legal needs after having less than stellar experiences … More with other teams. Thank you Floyd!!!
  • Avatar Jose Tapia ★★★★★ 6 years ago
    I really felt like the team cared about my case and am super satisfied with the outcome. Would not recommend anyone else!
  • Avatar Sagar Patel ★★★★★ 6 years ago
    These guys do amazing work and have phenomenal service! Hands down best in the Houston area!!
  • Avatar RAYNINN ★★★★★ 6 years ago
    John and Chris are true professionals! Love those guys like family!
  • Avatar Virginia Martin ★★★★★ 6 years ago
    Mr. Floyd and his team are very knowledgeable, informative, and helpful.
  • Avatar Darla Latham ★★★★★ 6 years ago
    A team you can depend on to stand up and fight for you to prove the truth the whole truth!
  • Avatar Veronica Elorza ★★★★★ 6 years ago
  • Avatar Karetta Lux ★★★★★ 7 years ago
    Mr. John T. Floyd represented me.I couldn't be happier with the outcome he managed to achieve on an VERY Important case that was dismissed the day of Trial. He is patient & … More very knowledgeable of the legal system. I HIGHLY recommend him to anyone in need of a lawyer!John, I am forever grateful & satisfied with the effort you put forth & all you did for me. Thank you isn't enough!God bless you & your family!
  • Avatar GM ★★★★★ 8 years ago
    The John T. Floyd Law Firm assisted me, and I can tell you that the attorney took the time to answer my questions, and I didn't feel rushed or dismissed as I have experienced in … More the past with attorneys. The attorney was very nice and extremely knowledgeable. Initial impressions and continued excellent customer service are big factors for me and as such I would highly recommend this firm.
  • Avatar Sandra Bivens ★★★★★ 8 years ago
    I thank you for your efforts to help Felons regain their Civil rights, and for the information on possession , I am A convicted Felon, no violent history. I am an expert shot, I am … More 76 yoa, and very concerned about the present lake of Security in our State and Country. God Bless and Prosper you in your efforts, Your friend, Sonny Bivens
  • Avatar Mike Kittelson ★★★★★ 8 years ago
    I really appreciated both Chris and John helping with my legal questions and concerns. Both are good guys and I would not hesitate to recommend them.
  • Avatar Robert Hair ★★★★★ 8 years ago
    Extremely helpful!!! Helping me understand the law.

John T. Floyd is Board Certified in Criminal Law By the Texas Board of Legal Specialization

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