When Does a Drug Crime Become a Federal Offense?

All drug crimes in North Carolina carry serious penalties. From drug possession to distribution, those charged are looking at the possibility of time in jail and significant fines. Having a criminal record affects other areas of life such as getting a job, obtaining a home, and whether you can vote and possess a firearm.

When a drug crime becomes a federal offense, penalties are generally even harsher than state charges. The amount of the drug involved is only one factor that can trigger federal charges.

Drug crime categories are similar in state and federal statutes including possession, trafficking, manufacturing, and distribution. The legal definitions, penalties, and mandatory sentencing guidelines vary.

A drug crime may be charged as a federal violation if any of the following occurs:

• Alleged crime occurred on federal property (including national parks)
• Substantial quantity of drugs was involved
• Drugs were transported using a shipping company like the U.S. Post Office, UPS, or FedEx
• Drugs were carried across state lines
• Drug Enforcement Administration or another federal agency is investigating
• The activity is purported to be part of an ongoing criminal enterprise

Federal Drug Categories

North Carolina and federal laws identify drugs by category, also called a schedule. Federal law has five schedules. Schedule I drugs are the most dangerous with Schedule V being the least dangerous. The drug’s schedule is based on their potential for addiction as well as whether the drug has any recognized medical uses.

The Controlled Substance Act (CSA) regulates the drugs based on the following schedules:

• Schedule I. These drugs are quite addictive with no currently accepted medical value in the U.S. Examples of Schedule I drugs include heroin, ecstasy, and LSD. It’s important to point out that marijuana is still considered a Schedule I drug under federal law.
• Schedule II. These drugs have a high potential for abuse, but they have some currently accepted medical value in this country. Methamphetamines, codeine, fentanyl, and morphine are examples of Schedule II drugs.
• Schedule III. These drugs have accepted medical use but also have some abuse and safety concerns. Some appetite suppressants, depressants, and anabolic steroids fall into this category.
• Schedule IV. Drugs with a low potential for addiction and considered less dangerous are Schedule IV drugs. Xanax, Valium, Ambien, and Ativan are examples.
• Schedule V. This schedule includes drugs with the lowest rate of potential abuse. Prescription cough medicine is an example.

Marijuana Is a Crime in NC and Federal Levels

As mentioned earlier, marijuana is still categorized among the most dangerous drugs in Schedule I. Many states have legalized marijuana for medical use and others have also decriminalized marijuana for recreational use. In North Carolina, marijuana is still illegal no matter its use or quantity. The Tarheel State, though, does not include marijuana in its lists of Schedule I drugs. Instead, the state has added a Schedule VI. Marijuana, synthetic cannabinoids, and hashish fall into this category for state charges.

Federal Drug Crime Penalties

As mentioned earlier, having any controlled substance – even marijuana – on federal property is still a federal crime.

Simple possession penalties are mainly determined by the number of any previous drug convictions (federal or state):

• No prior convictions: Up to 1 year in prison and a minimum fine of 1,000
• One prior drug conviction: Up to 1 year in prison and a minimum fine of $2,500
• Two or more prior drug convictions: A minimum of 90 days and up to 3 years in prison and a minimum fine of $5000

Possession with Intent to Distribute is exponentially more serious. Here are some penalties using meth as an example:

• 5 grams of meth: Minimum 5 years in prison, up to 50
• 10 grams: Minimum 10 years in prison, up to life

Penalties are enhanced if someone dies or is injured from using the drug, if the person charged has previous drug convictions, or if they distribute the drug to someone younger than 21 years old.

Anyone convicted of federal possession charges is required to pay for the costs of the investigation and prosecution. They also may be required to surrender property related to the crime including houses, cars, and other personal belongings. That same property can be seized when they are arrested.

Concurrent Federal and State Jurisdiction in Drug Crimes

Since state and federal levels are different governmental entities, a person can be charged and prosecuted in both state and federal court for the same offense. In circumstances where the two conflict in some way, the federal government preempts the state. Generally, the federal government often focuses on cases involving larger, multi-state operations. State and federal charges have completely separate processes. State charges are prosecuted by the local district attorney’s office while federal charges are prosecuted by the U.S. Attorney’s Office. State drug prison sentences are served in a state facility. Federal prison sentences are served in a federal facility.

Strategic Defense for Drug Crimes

If you are facing drug charges, call on our experienced lawyers at Jetton & Meredith, PLLC. When we take a drug case, we examine every detail and aspect. By going far beyond the surface, we can determine potential defense strategies. We will work aggressively toward the best possible outcome.