Each state and the federal government have laws against the unlawful use, manufacture, and distribution of drugs. The purpose of these laws is to reduce the unlawful consumption of drugs, reduce drug-related crimes, and severely punish repeat offenders and major drug dealers.
In most states, possession of drugs for personal use is a serious crime. But in some states, possession of drugs for personal use is punished less severely than distribution crimes. For example, in some states, possession of a small amount of marijuana (less than 50 grams) is decriminalized or treated as a disorderly person’s offence.
A person convicted of a disorderly person’s offence is generally not imprisoned, but may be placed on probation or ordered to pay a fine. However, possession of a large quantity of marijuana or other drug, even if for personal use, is treated as a serious crime.
DRUG SCHEDULES
Federal drug statutes classify controlled substances according to schedules. The Attorney General has the authority to delete, add or reschedule substances. State schedules refer to or are based on federal schedules. Drugs included on these schedules are referred to as Controlled Dangerous Substances (CDS).
PUNISHMENT
The punishment handed down by the court for drug crimes generally depends on:
- The quantity of the drug
- Its classification under the schedules
- The purpose of its possession
For example, a person “dealing” (selling) five or more ounces of heroin or cocaine can be jailed for more than 10 years. Possession of drugs with the intent to distribute them is also a serious crime. Prosecutors can prove your intent to distribute drugs just by showing the quantity of the drug, without any evidence that you actually distributed the drug.
ENHANCED PINISHMENT
Some states have enhanced penalties for drug crimes. These penalties go into effect if:
- Minors are used to distribute the drugs
- The drugs are delivered or sold to minors; or
- The drugs are sold or distributed on school property
Enhanced punishments vary from state to state. You may be in danger of forfeiting your property if you’re convicted of a drug crime. For example, if your house is used to make and distribute drugs, the government may be able to seize your house.
DRUG DEALERS
Special laws cover professional drug dealers. A “drug kingpin,” or a person organizing, financing, or managing a business to manufacture, transport or sell drugs, commits a serious crime. Special sentences are reserved for professional drug dealers. The federal government has the death penalty for drug kingpins. Some states impose 25 years in prison without parole for professional drug dealers.
BUSINESS LAW
