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Crimes

When Do You Need the Help of a Federal Drug Attorney?


— April 14, 2022

Unlike a state drug crime, a federal drug crime is more severe, and facing its charges can be worrisome.


Do you need the services of a federal drug attorney to assist you with a drug case? Contact top-rated drug crime defense services in Oklahoma.

When does a state drug crime become a federal one? It is easy to get confused as both laws and relevant cases differ. State law for drug cases indicates crimes that occur within a limited geographical area of the state. In contrast, federal law refers to drug crimes outside the state in federal sites, such as trafficking a specific amount of controlled substances. In some instances, both state and federal charges may apply. 

A federal drug charge is deemed more severe due to the possibility of a trafficking offense; hence it needs a powerful federal drug attorney to create a solid defense against the case. 

Types of drug crimes

Even if an individual doesn’t directly commit a drug crime but is accused of agreeing with one or more people to commit the crime can still be penalized for drug conspiracy. In addition, if the drug crime somehow connects with a drug racket, the individual would still be found guilty under the federal racketeering charges. Some other types of drug crimes that fall into the federal law category are:

  • Drug trafficking,
  • Smuggling of drugs,
  • Manufacturing of drugs,
  • Drug distribution,
  • Drug Importation or exportation.

The Controlled substance Act (CSA)

Under the controlled substances act, drugs that can be manufactured or possessed are regulated by federal law into five schedules. These schedules are based on each drug’s potential medical use and the likelihood of abuse and dependency.

  • Schedule I

    Woman lighting marijuana in pipe; image by Sharon McCutcheon via Unsplash.com.
    Woman lighting marijuana in pipe; image by Sharon McCutcheon via Unsplash.com.

Includes drugs whose medical use is not accepted currently but has a high potential for abuse, such as marijuana, heroin, LSD, and ecstasy.

  • Schedule II

It includes drugs that are accepted for medical use but have a high potential for abuse, such as Cocaine, Adderall, Methamphetamine, Ritalin, and Fentanyl.

  • Schedule III

Includes drugs whose medical use is accepted and also has potential for abuse but is lower than the drugs in Schedules I and II. These drugs are Testosterone, Ketamine, Tylenol with codeine, and anabolic steroids.

  • Schedule IV

This schedule includes drugs whose medical use is currently accepted but has a lower potential for abuse than the drugs in Schedule III. They are Ambien, Xanax, Valium, and Tramadol.

  • Schedule V

Drugs in this schedule are accepted for medical use but have a lower potential for abuse than the drugs in Schedule IV. They include Lomotil, Robitussin AC, and Lyrica.

Conclusion

Unlike a state drug crime, a federal drug crime is more severe, and facing its charges can be worrisome. Federal crimes are committed outside the state in a federal area and may incur heavy penalties such as long-term imprisonment. These charges might be more complicated as they are also known to involve either state or federal courts or both. Additionally, the individual may face persecution for drug trafficking and importation.

Moreover, federal drug crimes are followed severely by federal authorities and do not include a parole system. So, suppose an individual is being accused of this kind of crime. In that case, it is advisable to hire a credible federal drug attorney who understands the gravity of the situation and is experienced to handle and create a solid defense.

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