Drug crimes exist in both federal and state laws in each and every state. State and local prosecutors file most drug cases. Federal drug charges range from simple possession to illegal manufacture, distribution, and trafficking in controlled substances. Federal drug offenders face consequences that vary based on the amount and type of drug involved. Large amounts of a Schedule I drug (other than marijuana) are likely to bring 10 or more years in federal prison. In a criminal case where someone dies or suffers serious harm, the penalties may go up to 20 years, or even life in prison.
Many states model their drug crimes from the federal schedules and statutes. Depending on the type of drug and the amount, felony drug charges will vary. Conviction for drug possession charges involving small amounts of drugs may lead to suspended time and probation. Drug trafficking convictions for larger amounts may lead to harsher prison sentences. If offenses occur near a school or a child or the offender has a prior criminal record, the degree of the offense may increase, along with the penalties.
Drug possession charges can involve the actual or constructive possession of a controlled substance. The state may prove constructive possession when you have control or access over the drug even though it’s not on your person.
Federal and state laws also prohibit the possession of drug paraphernalia. This crime is often a misdemeanor. Items like scales and packaging materials support law enforcement theories of distribution. Pipes and spoons may more likely show the offender is an abuser.
Although many states have decriminalized possession of marijuana, the federal government has not changed its treatment of marijuana. The drug remains in Schedule I under federal law, where any possession is illegal. President Biden directed the Attorney General to look into the matter. The DEA is currently reviewing a request to move marijuana to Schedule III. In the interim, the federal government continues to take a “hands-off” approach to state efforts to legalize marijuana.
If you or a loved one is in a bind as a result of a criminal charge (theft or otherwise), immediately contact a Seattle Criminal Attorney. A Criminal lawyer is not going to judge you and understands that everyone makes mistakes. Hiring a Seattle Criminal Lawyer to help can – at a minimum – reduce penalties and can help direct people on how to best deal with their criminal charge, and many times even get them dismissed. So, it should go without saying that someone cited for a misdemeanor or felony should hire a qualified Seattle Criminal Lawyer as soon as possible. Criminal charges can cause havoc on a person’s personal and professional life. Anyone charged with a crime in Washington State should immediately seek the assistance of a seasoned Seattle Criminal Lawyer. SQ Attorneys can be reached at (425) 359-3791 and/or (206) 441-0900.
