Top 4 Types of Crimes Associated with Drugs



There are strict restrictions enforced by Federal and state laws on the possession, use, and distribution of illegal, or scheduled drugs.  When we mention the term scheduled, it refers to drugs that federal law regulates. States are supposed to adhere to the federal categorizations of drugs on the schedule. However, there’s a notable exception to cannabis. It is widely decriminalized under several state laws. 

A drug crime conviction may also lead to severe consequences where you may need to hire the best lawyer in California. In this article, we provide you with an overview of a few common types of drug crimes. 


  2. 1. Drug Dealing or Drug Trafficking 


Drug dealing or trafficking laws decriminalize selling, trading, or otherwise exchanging scheduled drugs. Certain state laws discriminate offenses for trading drugs for value from just providing or sharing drugs.  


Usually, drug trafficking is charged as a felony and is considered more serious if a huge volume of drugs is involved, or if a person's death is caused due to the drugs that were trafficked. Federal penalties are also imposed if the dealers or traffickers applied a firearm while selling drugs. 


Also, small-time drug dealing, such as a person selling a small number of scheduled drugs, can be punished as a felony. Though the penalties could be less severe compared to those for selling larger amounts, possessing drugs for distribution may involve probation or even prison time. Even selling 100 grams of heroin may lead to a minimum sentence of five years in prison.  


  2. 2. Possession of Scheduled Drugs 


A person cannot be prosecuted just for being under the influence or even for addiction to illegal drugs. Criminalizing addiction is unconstitutional as per the U.S. Supreme Court. 

Rather, the most basic drug charge is possession of illegal drugs to punish defendants possessing illicit substances. This charge doesn’t require proof of intent or proof of ownership. Simply holding onto someone else's cocaine or heroin may lead to criminal charges for the possessor. 

Any person possessing illegal drugs may be charged with simple possession or with an enhanced charge based on the volume of drugs possessed or proof of intent to distribute the drugs. Often, the intent can be implied, as per statute, solely based on the weight of the drugs, by inferring or presuming that the large quantity of drugs is more than what would usually be possessed for personal use. 


  2. 3. Manufacturing Drugs 


Drug manufacturing is another type of drug crime, involving any step of the production process of an illegal drug. The commonest version of this crime is the cultivation of marijuana, which might be legal as per state law. Though the federal government has largely stayed out of punishing marijuana cultivation or cannabis product manufacturing due to medical and personal use exceptions in state law, state regulation of the cannabis industry seems to be extremely complicated. 


  2. 4. Possession of Drug Paraphernalia 


Usually, drug paraphernalia refers to any equipment used to inhale, inject, prepare, or conceal illegal drugs. Additionally, it refers to any equipment utilized to produce, conceal, or package drugs. As per the National Drug Intelligence Center, it is illegal to sell, import, or export any type of drug paraphernalia. A few states also charge possession of paraphernalia as a misdemeanor offense. A few examples of drug paraphernalia include but aren’t limited to: 


  • Rolling papers  
  • Pipes and bongs 
  • Syringes and injection kits  
  • Baggies, scales, cutting agents 


Possession of drug paraphernalia is usually punished as a misdemeanor, with enhanced penalties for the trade or transfer of the paraphernalia with a minor. 


Conclusion 


If anyone close to you has been charged with a drug crime, it is in your best interests to get the help of a legal professional. Search for the best attorneys in Anaheim as the penalties for drug crimes can be extremely severe, often including prison time. You should not delay in seeking legal assistance. 

 

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