NYC Federal
Drug Crime
Lawyer

When a person is found to be in possession of drugs, they can incur state charges, federal charges, or a combination of both. Each state has its own set of laws regarding drug use, but in some cases, more serious charges will advance to the federal level. These charges depend on the type of drug, the amount, the location of the offense, and the criminal history of the defendant. The decision to pursue federal charges is typically made by the prosecutors. The most common federal drug crimes are listed below.

• Possession

  When you illegally hold a controlled substance on your person or within your property, this is considered possession. Compared to more significant drug crimes, possession may not seem very serious. However, even if you did not manufacture or distribute the drugs, you can still be penalized for possession. If so, this crime will become part of your criminal record. Possession charges are established based on the type of drug being held and the amount of the drug. The more dangerous the drug is, the more severe the penalties are. Being found in possession of a Schedule I drug will result in harsher punishment than a Schedule IV drug.

  Possession can also be accompanied by other drug charges based on the type of drug and the amount. If you are in possession of an amount of a drug deemed to be in excess of what is expected for personal use, law enforcement officers can charge you with possession of drugs with “the intent to distribute” them to others. In terms of severity, this charge falls between simple possession and distribution, meaning the penalties will be higher than those for possession but not as high as the penalties incurred for distribution. The charge of possession with intent to distribute tends to be subjective – the ways the drugs are packaged influence the officer’s perspective on this, such as if they are separated into individual bags rather than in one bag or if they are accompanied by other paraphernalia that would be used in distribution, such as scales.

• Distribution

  Distribution of drugs, or drug dealing, is the exchange, sale, trade, or transport of illegal drugs from one party to another. Compared to possession, distribution charges involve a larger quantity of drugs, usually an ounce or more. If cash is found by law enforcement officers along with the drugs, this indicates that an exchange was made or that one person was in the process of purchasing the drugs from another. When someone possesses an illegal drug with the intention of exchange or sale to individuals or groups of buyers, the charge becomes much more serious and the penalties increase significantly. The sentencing is primarily based on the type of drug involved, with worse penalties for more severe drugs.

• Manufacturing

  Manufacturing is defined as growing or otherwise producing controlled substances that have been deemed illegal by the federal government. This includes possessing the facilities and equipment designed to grow or produce drugs as well as transporting any chemicals involved in the growing or production of drugs. If you are charged with drug manufacturing, the severity of the penalty is based on the type of drug being grown or produced and the amount of this drug, with more dangerous drugs and higher amounts equating to harsher penalties. Repeat offenders will be penalized to a higher degree than first-time offenders.

• Trafficking

  The manufacture, transportation, and distribution of an illegal drug are considered drug trafficking. The illegal drug industry operates due to the efforts of drug traffickers across the country, so law enforcement officers view trafficking as an exceptionally severe crime. Suspected traffickers are pursued aggressively and typically receive maximum sentences for their participation in the illegal drug trade. Even if you are convicted of a first-time trafficking offense, you face years of imprisonment and thousands of dollars in fines.