When Is a Drug Crime Considered a Federal Offense?

In the United States, a federal drug charge issued by the Federal Government can be scary. You may be unsure of what to do or where to turn. Having a qualified attorney that has worked on these cases in the past is essential.

A federal drug charge is a type of illegal criminal activity that is related to illicit drugs. It is important to note that drug charges can be issued by the state and federal government. There are some situations where federal charges may occur in a state for a legal drug within the state, but illegal according to the federal government. One example of this is cannabis. For Kansas, this is a non-issue since cannabis is still illegal₁.

The U.S. Federal Government is considered “very competent” when prosecuting drug crimes. It can bring forth additional backup charges, like a conspiracy, to help ensure an individual is fully prosecuted, even in situations where they did not personally handle the drugs. Conspiracy₂ is when two people work together to commit a crime. If this happens, the federal government can charge two or more people if they planned or discussed any type of illicit drug activity.

To succeed with these charges, the government must acquire proof that the defendant conspired to commit this crime and that they were aware it was illegal. Sometimes, this is easy to do, so conspiracy is a popular charge with the federal government – just in case all the other charges are dropped.

Felony Criminal Drug Charges on the Federal Level

There are five main drug crimes charged on the federal level₃.

1. Manufacturing of a Controlled Substance

It is important to note that manufacturing drugs can be something as simple as re-packaging drugs to sell. It can also refer to growing plants, making pills out of powder, producing, creating, or drug extractions.

2. Controlled Substance Distribution

Suppose the drugs’ distribution is giving the drugs to a seller, mailing the drugs, transporting the drugs, or coordinating the drugs’ distribution. In that case, it is considered a felony on the federal level.

3. Controlled Substance Possession

Sometimes when someone is found in possession of a drug, they did not have the right to, based on federal law. For example, a prescription drug you do not have a prescription for.

4. Importing a Controlled Substance

If you bring drugs into the U.S. from another country, it is considered importing a controlled substance.

5. Conspiracy

Results in two or more people agreeing to commit some type of illegal activity involving illegal drugs.

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Call an Attorney for Help

As mentioned above, if you face any of the charges described here, it is in your best interest to contact an attorney. The attorney will be able to provide you with the information and resources needed to ensure you have the best possible defense for your case. While facing federal drug charges can be scary and intimidating, you have rights, and an attorney can help you.

Sources:

1. https://weedmaps.com/learn/laws-and-regulations/kansas/
2. https://law.justia.com/codes/kansas/2015/chapter-21/article-53/section-21-5302
3. https://www.law.cornell.edu/uscode/text/21/841