What Are Federal Drug Charges?

Federal drug charges are serious accusations that allege a person has violated federal drug laws in the United States. The Spodek Law Group, led by the esteemed Attorney Todd Spodek, understands the complexities of federal drug charges and has experience in handling such cases.

Illegal drugs are regulated at both the federal and state levels, with laws that often overlap. The Controlled Substances Act (21 U.S.C. § 801 et. seq.) is the federal law that applies to illegal drugs. This law, originally passed by the United States Congress in 1971 and amended many times since, is enforced by the Drug Enforcement Administration (DEA). Every state also has its own laws regarding illegal drugs, making it illegal to possess with the intent to distribute cocaine, heroin, and methamphetamine under the laws of both the federal government and each state.

The primary difference between federal and state drug cases is that federal drug cases tend to involve larger quantities of illegal drugs and larger drug trafficking organizations. The federal government is typically only interested in larger, more serious cases that justify the use of federal resources. It is rare for the federal government to prosecute people for possessing small quantities of illegal drugs for personal use, leaving those cases for state government to handle.

Possession with intent to distribute an illegal drug (21 U.S.C. §841(a)(1)) and conspiracy to possess with intent to distribute an illegal drug (21 U.S.C. §846) are the most common federal drug charges. Methamphetamines, cocaine, heroin, and marijuana are the most commonly prosecuted illegal drugs by the federal government, although marijuana cases typically involve very large quantities.

What Is “possession” For Purposes Of Possession With Intent To Distribute?

Possession with intent to distribute an illegal drug means that the person knowingly possessed the illegal drug with the intent to distribute it. “Possession” can be a difficult concept for many to understand. Under the law, a person can possess something, even if it belongs to someone else. For example, picking up a glass in a restaurant means possessing the glass, even though it belongs to the restaurant.

“Possession” means either that the person has “direct physical control” over something, or that the person has “the power and the intention to exercise dominion or control over it, either directly or through another person or persons.”

The legal meaning of “possession” can be complicated in federal drug cases, and the facts relating to whether someone knowingly possessed illegal drugs may be disputed or unclear. This is where the experience and knowledge of the Spodek Law Group comes in. With a deep understanding of the law, Attorney Todd Spodek can defend clients against federal drug charges.

What Is “intent To Distribute”?

“Intent to distribute” means the intent to transfer possession of a controlled substance to another person, with or without financial interest in the transaction. It is illegal to give someone drugs, regardless of whether they pay for them or not.

The amount of illegal drugs involved in the crime is a crucial factor in proving intent to distribute. Possessing an amount that is more than someone would have for personal use indicates that they plan to distribute it to someone else.

What Is A “conspiracy” To Distribute Illegal Drugs?

A conspiracy is an agreement between two or more persons to join together to accomplish an unlawful purpose. A conspiracy charge is often used in drug cases when multiple people are involved in drug trafficking, even if not all of them actually possess the drugs. Each person involved in the conspiracy is guilty, regardless of whether they possess the drugs.

What Punishment Will Someone Get If They Are Found Guilty Of A Federal Drug Crime?
What Is A Mandatory Minimum Sentence?

Many federal drug crimes have mandatory minimum sentences. This means that, if a person is convicted of a specific crime, the judge is not allowed to give them a lower sentence than the minimum, except in very limited circumstances. The mandatory minimum sentences for federal drug crimes can be very harsh. Here are some examples of the mandatory sentences for a first-time felony drug offender:

Examples of Mandatory Minimum Sentences for Federal Drug Crimes

There are three ways to avoid a mandatory minimum sentence. One is to plead guilty, cooperate with the Government, and provide the Government with substantial assistance in investigating or prosecuting someone else. Another is to reach a plea agreement with the federal prosecutor for a charge that carries a lower mandatory minimum sentence or none at all. A third is for a defendant to qualify for what is called the “safety valve.” The safety valve is a law that allows a judge to sentence someone below the mandatory minimum sentence if certain criteria are met.

Ways to Avoid a Mandatory Minimum Sentence

• Plead guilty and cooperate with the Government to provide substantial assistance
• Reach a plea agreement for a charge with a lower or no mandatory minimum sentence
• Qualify for the “safety valve” by meeting certain criteria

The details of each of these possibilities are complicated. An experienced federal criminal defense lawyer can help you understand your options and choose the best strategy for your case.

Conclusion

Federal drug charges are serious and can have severe consequences. If you or a loved one is facing federal drug charges, it is important to hire an experienced federal criminal defense lawyer who can help you understand your rights and options, and fight for the best possible outcome. At Spodek Law Group, Attorney Todd Spodek and his team have the knowledge and experience necessary to handle even the most complex federal drug cases. Contact us today to schedule a consultation.