Drug Crimes 101

Drug Crimes 101

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Drug crimes represent a large percentage of the criminal cases brought by the various states, D.C., and the Federal Government each year. Although there are diversity of charges and situations of criminal liability, there are a few common drug crimes that seem to occur with regularity in every jurisdiction.

Possession

This is by far the most common drug crime. Any person in possession of illegal drugs can be charged in every jurisdiction. For the prosecutor, it is an easy crime to prove because it only requires he or she prove that the defendant was in possession of the drugs.

Transporting

Any person caught with illegal drugs in a vehicle can be charged with transporting. This is also commonly prosecuted. Just as with possession, the prosecutor only needs to prove the defendant had the drugs in the car.

Distribution

These cases are more serious than the previous two. Any person giving or selling illicit drugs can be charged with distribution.

Manufacturing/Cultivation

Drug producers are important targets for law enforcement. Police consider a source bust to be an effective way of stopping an illegal drug flow. Manufacturing and cultivation include the following activities:

*Marijuana Gardening

*Cooking Crack Cocaine

*Manufacturing Designer Pills

Punishment

Sentencing is based on three main factors:

*Underlying Drug

Each criminal code has its ranking of drugs in degrees of severity. Sentences are given out according to the rank. For example, marijuana crimes are punished less severely than cocaine or heroin offenses.

*Underlying Criminal Act

The law in all jurisdictions is much more lenient on simple possession than the other criminal acts related to drugs. That being said, it must be noted that some possessions are of such a nature that they invoke a distribution charge. This is generally the case when the defendant has a large amount of drugs or has the drugs arranged in a manner that indicates a commercial enterprise.

*Criminal Record of the Accused

1st time offenders may take advantage of specific provision in most criminal codes that reroute the convicted through rehabilitation and or community service programs. Generally speaking, the criminal record will be expunged if the accused complies with the terms of the programs.

Other offenders are at the mercy of their record. Drug sentencing laws, no matter which jurisdiction, tend to punish more severely the more crimes there are.

For qualified legal information, please contact an attorney.

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For qualified legal information, please contact an attorney.



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