Drug Charge Law - Guide to Drug Crime Law
Although most drug charges are classified as felonies, the seriousness of the offence and subsequent punishment is most often determined by the type of drug involved and, if applicable, its classification under the drug schedule, the quantity the offender is found with, whether there is intent to sell and/or distribute and other relevant factors. A conviction for drug trafficking carries stiff penalties as well as dire consequences above and beyond criminal punishment, such as denial of federal benefits and forfeiture of real estate and personal property.
There exists controversy about the vigilant pursuit of drug charges against recreational users of “lesser” drugs, such as marijuana, and against drug addicts who would probably benefit far more from a drug rehabilitation clinic than from a prison sentence. Many opponents argue that drug use is a “victimless crime” and should be treated differently from violent criminal offenses. Others support the government’s view that drug use is a direct contributor to violent crime and their determination to prosecute these offenses to the fullest extent of the law. These laws exist on both the federal and state levels and are very extensively enforced. The most common defense used to fight drug charges is proving illegal search and seizure by the authorities who discovered the drugs.
A new approach to dealing with drug arrests in some cities and states is the creation of drug courts, which can provide substance abuse help for arrested individuals with addiction problems. Laws governing these courts vary by locality and state, but generally they are offered as an alternative sentencing option for non-violent first offenders and for those convicted of lesser offenses.
To consult State Legislation regarding drug charges laws and regulations please see the Criminal Code by State page. Visit Us at Google+ Copyright HG.org
Drug Charges Law - US
- Anti-Drug Abuse Act of 1988
The Anti-Drug Abuse Act of 1988 established the creation of a drug-free America as a policy goal. A key provision of that act was the establishment of the Office of National Drug Control Policy (ONDCP) to set priorities, implement a national strategy, and certify federal drug-control budgets. The law specified that the strategy must be comprehensive and research-based; contain long-range goals and measurable objectives; and seek to reduce drug abuse, trafficking, and their consequences. Specifically, drug abuse is to be curbed by preventing young people from using illegal drugs, reducing the number of users, and decreasing drug availability.
- Controlled Substance Ordering System - DEA - Office of Diversion Control
DEA's CSOS program allows for secure electronic controlled substances orders without the supporting paper DEA Form 222. Using a technology called PKI, CSOS requires that each individual purchaser enroll with DEA to acquire a CSOS digital certificate.
- Controlled Substances Act
The Controlled Substances Act (CSA) was enacted into law by the Congress of the United States as Title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970. The CSA is the federal U.S. drug policy under which the manufacture, importation, possession, use and distribution of certain substances is regulated. The Act also served as the national implementing legislation for the Single Convention on Narcotic Drugs.
- DEA - Drug Scheduling
The list on this site describes the basic or parent chemical and does not describe the salts, isomers and salts of isomers, esters, ethers and derivatives which may also be controlled substances.
- Drug Enforcement Administration (DEA)
The mission of the Drug Enforcement Administration (DEA) is to enforce the controlled substances laws and regulations of the United States and bring to the criminal and civil justice system of the United States, or any other competent jurisdiction, those organizations and principal members of organizations, involved in the growing, manufacture, or distribution of controlled substances appearing in or destined for illicit traffic in the United States; and to recommend and support non-enforcement programs aimed at reducing the availability of illicit controlled substances on the domestic and international markets.
- Drug Fact Sheets
Information/facts for 33 common drugs. (current as of Dec 2011),
- Federal Trafficking Penalties
The penalties for possession, distribution, trafficking, etc... of controlled substances.
- Guidelines for Law Enforcement for the Cleanup of Clandestine Drug Laboratories
n 1990, the Drug Enforcement Administration (DEA), in cooperation with the Environmental protection Agency (EPA) and the U.S. Coast Guard (collaborately known as the Joint Federal Task Force), published the Guidelines for the Cleanup of Clandestine Drug Laboratories, known by those in the industry as "The Redbook." It was developed following the enactment of Section 2405 of the 1988 Anti-Drug Abuse Act. Now with more than a decade of experience, DEA, along with the assistance of the EPA, has updated the book to reflect the vast base of knowledge obtained since the first publication.
- Office of National Drug Control Policy (ONDCP)
The principal purpose of ONDCP is to establish policies, priorities, and objectives for the Nation's drug control program. The goals of the program are to reduce illicit drug use, manufacturing, and trafficking, drug-related crime and violence, and drug-related health consequences. To achieve these goals, the Director of ONDCP is charged with producing the National Drug Control Strategy. The Strategy directs the Nation's anti-drug efforts and establishes a program, a budget, and guidelines for cooperation among Federal, State, and local entities.
- Organized Crime Drug Enforcement Task Forces (OCDETF)
The OCDETF Program was established in 1982 to conduct comprehensive, multi-level attacks on major drug trafficking and money laundering organizations. Today, OCDETF combines the resources and expertise of its member federal agencies which include: the Drug Enforcement Administration, the Federal Bureau of Investigation, the Bureau of Immigration and Customs Enforcement, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the U.S. Marshals Service, the Internal Revenue Service, and the U.S. Coast Guard – in cooperation with the Department of Justice Criminal Division, the Tax Division, and the 93 U.S. Attorney’s Offices, as well as with state and local law enforcement. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply.
- The President's National Drug Control Strategy - 2011
This report presents the 2011 National Drug Control Strategy of the White House Office of National Drug Control Policy. The 2011 National Drug Control Strategy emphasizes drug prevention and early intervention programs in helthcare settings; diverting non-violent drug offenders into treatment instead of jail; funding more scientific research on drug use, expanding access to substance abuse treatment and supporting those in recovery.
Legislation by Drug Type - US
- Cocaine - Legislation
Cocaine was first federally regulated in December 1914, with the passage of the Harrison Act. The Harrison Act banned non-medical use of cocaine; prohibited its importation; imposed the same criminal penalties for cocaine users that were levied against users of opium, morphine, and heroin; and required a strict accounting of medical prescriptions for cocaine.
- Heroine - Legislation
The first comprehensive control of heroin in the U.S. occurred with the Harrison Narcotic Act of 1914. Heroin currently falls into Schedule I of the Controlled Substances Act based on its potential for abuse and its lack of accepted medical use.
- Hydrocodone - Legislation
The DEA is currently reviewing a petition to increase the regulatory controls on hydrocodone combination products from schedule III to schedule II of the Controlled Substances Act (CSA).
- LSD - Control Status
LSD is a Schedule I substance under the Controlled Substances Act. Schedule I drugs, which include heroin and MDMA, have a high potential for abuse and serve no legitimate medical purpose.(3) Its two precursors lysergic acid and lysergic acid amide are both in Schedule III of the CSA. The LSD precursors ergotamine and ergonovine are List I chemicals.
- Marijuana - DEA Position on Marijuana - Jan 2011
As of January 2012, sixteen states, and the District of Columbia have decriminalized certain marijuana use: Alaska, Arizona, California, Colorado, DC, Delaware, Hawaii, Maine, Michigan, Montana, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, and Washington. In addition, Maryland has enacted legislation that recognizes a "medical marijuana" defense. Federal law still recognizes all marijuana use as illegal. As of Dec. 2011, four states (CO, WA, RI & VT) have asked the DEA to reclassify marijuana as a narcotic, in the same category as certain painkillers, like oxycodone.
- Methamphetamine (Crystal Meth) - Legislation
Methamphetamine is a Schedule II narcotic under the Controlled Substances Act (CSA), Title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970. The chemicals that are used to produce methamphetamine are also controlled under the Comprehensive Methamphetamine Control Act of 1996 (MCA). This legislation broadened the controls on listed chemicals used in the production of methamphetamine, increased penalties for the trafficking and manufacturing of methamphetamine and listed chemicals, and expanded the controls of products containing the licit chemicals ephedrine, pseudoephedrine and phenylpropanolamine (PPA).
- OxyContin® - Legislation
Many States have launched efforts to curb the illegal use of OxyContin®. Louisiana, Maine, Virginia, Kentucky, Pennsylvania, and Tennessee have enacted legislation to deal with this issue. California, Hawaii, Idaho, Illinois, Indiana, Kentucky, Massachusetts, Michigan, Nevada, New Mexico, New York, Oklahoma, Rhode Island, Texas, Utah, and Washington have established prescription monitoring programs. Many more States are working to establish legislation and prescription monitoring programs to deal with diverted pharmaceuticals.
- Steroids - Legislation
Federal law placed anabolic steroids in Schedule III of the Controlled Substances Act (CSA) as of February 27, 1991. The possession or sale of anabolic steroids without a valid prescription is illegal. Simple possession of illicitly obtained anabolic steroids carries a maximum penalty of one year in prison and a minimum $1,000 fine if this is an individual’s first drug offense. The maximum penalty for trafficking is five years in prison and a fine of $250,000 if this is the individual’s first felony drug offense. If this is the second felony drug offense, the maximum period of imprisonment and the maximum fine both double. While the above listed penalties are for federal offenses, individual states have also implemented fines and penalties for illegal use of anabolic steroids.
Drug Charges Law - International
- Controlled Drugs and Substances Act - Canada
An Act respecting the control of certain drugs, their precursors and other substances and to amend certain other Acts and repeal the Narcotic Control Act.
- Convention on Psychotropic Substances, 1971
The Convention establishes an international control system for psychotropic substances. It responded to the diversification and expansion of the spectrum of drugs of abuse and introduced controls over a number of synthetic drugs according to their abuse potential on the one hand and their therapeutic value on the other.
- Drug Enforcement Branch - Canada
The Drug Program’s goal is to prevent drug-related social and economic harm by reducing the supply and demand for illicit drugs with the understanding that the drug problem is one of global proportions. A strong integrated approach to the global drug problem involves prevention, education, enforcement, counselling, treatment, and rehabilitation. Together these are most likely to achieve long term success for drug-related issues.
- EU External Policy on Drugs
By bringing enormous profits to its traders, drugs have become one of the most lucrative goods for illicit deals. Problems associated with illicit drugs affect public health, social cohesion and political stability of the countries concerned. Addressing them directly contributes to the achievement of the Millenium Development Goals (MDG) include the eradication of poverty and the improvement of health.
- Single Convention on Narcotic Drugs, 1961
This Convention aims to combat drug abuse by coordinated international action. There are two forms of intervention and control that work together. First, it seeks to limit the possession, use, trade in, distribution, import, export, manufacture and production of drugs exclusively to medical and scientific purposes. Second, it combats drug trafficking through international cooperation to deter and discourage drug traffickers.
- United Nations Office on Drugs and Crime (UNODC)
UNODC is mandated to assist Member States in their struggle against illicit drugs, crime and terrorism. In the Millennium Declaration, Member States also resolved to intensify efforts to fight transnational crime in all its dimensions, to redouble the efforts to implement the commitment to counter the world drug problem and to take concerted action against international terrorism.
- UNODC - Legal Tools for Drug Control and Crime Prevention
A functioning legal system plays a fundamental role in all drug control and crime prevention efforts. It defines what is lawful and what is not under regulatory and penal laws. It creates, limits, or takes away rights or privileges. It confers powers and responsibilities and provides safeguards. Such a system also imposes obligations and provides civil and penal sanctions if laws are violated, as well as establishing the institutions and legal framework for them to function.
Organizations Related to Drug Charges Law
- ACLU - Against Drug Prohibition
The American Civil Liberties Union (ACLU) opposes criminal prohibition of drugs. Not only is prohibition a proven failure as a drug control strategy, but it subjects otherwise law-abiding citizens to arrest, prosecution and imprisonment for what they do in private. In trying to enforce the drug laws, the government violates the fundamental rights of privacy and personal autonomy that are guaranteed by our Constitution.
- Center for Cognitive Liberty & Ethics (CCLE)
The Center for Cognitive Liberty & Ethics (CCLE) is a nonprofit law and policy institute working to advance sustainable social policies that protect freedom of thought. The CCLE maintains that criminal drug prohibition violates freedom of thought by intimately infringing on the fundamental right to self-determine one’s own mental states.
- Drug Abuse Resistance Education (DARE)
DARE.'s primary mission is to provide children with the information and skills they need to live drug-and-violence-free lives. The mission is to equip kids with the tools that will enable them to avoid negative influences and instead, allow them to focus on their strengths and potential. And, that's exactly what D.A.R.E. is designed to do.
- Drug Free America Foundation, Inc.
Drug Free America Foundation, Inc. is a drug prevention and policy organization committed to developing, promoting and sustaining global strategies, policies and laws that will reduce illegal drug use, drug addiction, drug-related injury and death. Drug legalization and permissive drug policies will lead to a greater availability of dangerous drugs in our communities and undermine each nation's commitment to law enforcement, health care, education, commerce and the family.
- Law Enforcement Against Prohibition
Law Enforcement Against Prohibition is an international organization of criminal justice professionals who bear personal witness to the wasteful futility and harms of our current drug policies. Our experience on the front lines of the “war on drugs” has led us to call for a repeal of prohibition and its replacement with a tight system of legalized regulation, which will effectively cripple the violent cartels and street dealers who control the current illegal market.
- National Families in Action Guide to the Drug Prevention Movementt
Welcome to the National Families in Action Guide to the Drug Prevention Movement. This guide contains a record of the thousands of parent groups across America who organized in the late 1970s to prevent children from becoming involved with illicit drugs, alcohol, and tobacco. How they achieved a two-thirds reduction in the monthly use of all drugs between 1979 and 1992 is the story chronicled here.
- National Organization for the Reform of Marijuana Laws (NORML
NORML's mission is to move public opinion sufficiently to achieve the repeal of marijuana prohibition so that the responsible use of cannabis by adults is no longer subject to penalty.
- Partnership for a Drug Free America (PDFA)
The Partnership for a Drug-Free America is a nonprofit organization that unites parents, renowned scientists and communications professionals to help families raise healthy children. Best known for its research-based national public education programs, the Partnership motivates and equips parents to prevent their children from using drugs and alcohol, and to find help and treatment for family and friends in trouble.
- Transform Drug Policy Foundation
Transform Drug Policy Foundation is a charitable think tank in the UK that seeks to draw public attention to the fact that drug prohibition itself is the major cause of drug-related harm to individuals, communities and nations, and should be replaced by effective, just and humane government control and regulation
Publications Related to Drug Charges Law
- International Drug Policy Developments and News by Common Sense
This news page contains general information about international drug policy developments.
- Summary of the Top Ten Facts on Legalization by the DEA
This booklet, Speaking Out Against Drug Legalization, is designed to cut through the fog of misinformation with hard facts. The ten factual assertions, taken together, present an accurate picture of America’s experience with drug use, the current state of the drug problem, and what might happen if America chooses to adopt a more permissive policy on drug abuse.
- World Drug Report - Global Illicit Drug Trends by the United Nations
In 1998, the General Assembly gave UNODC the mandate to publish "comprehensive and balanced information about the world drug problem, " in recognition of the importance of factual and objective information in international drug control.
Articles on HG.org Related to Drugs, Controlled Substances and Narcotics
- The Minnesota Commercial Driver and DWIMinnesota DWI Laws can be very difficult for drivers that choose to drive under the influence of alcohol. But, they can be especially harsh for those individuals that possess a commercial driver's license.
- Unlawful Search and SeizureIn any situation, and for any alleged crime, police and other government officials have guidelines and limitations on their power to gather evidence against a suspect.
- Cultivating and Manufacturing Drugs in ArizonaDrug manufacturing offenses can be charged for the cultivation, production or possession of items necessary for the creation or growth of illegal drugs.
- States with the Most Strict Marijuana Laws: Part 2 of 2In the midst of marijuana reform, and even legalization in some states, there are many parts of the country whose marijuana laws remain stringent, and some states are even getting stricter.
- Michigan Implied Consent & Drunk Driving Laws: The Double Edge SwordThe Michigan Implied Consent statute has the power of a double-edged sword when added to the fines, costs and jail-time handed out for a drunk driving conviction. If a driver refuses to consent to a chemical test, they face a mandatory 12 month suspension, and 6 points on their driving record.
- Marijuana Grower’s Conviction for Voluntary Manslaughter Upheld from Killing Thief of His CropThe issue here for PD was whether he followed a continuing course of conduct, allowing the court to punish him for multiple, separate, distinguishable acts so that § 654 was not violated. The California Supreme Court in Neal v. State of California (1960) 55 Cal. 2d. 11, first allowed such an approach, which the Fresno judge obviously followed by adding a twenty-five year term to the three year term, although the two sentences were to be served concurrently.
- Judge Rules DUI Field Tests InaccurateAccording to a recent report in the Pittsburgh Tribune-Review, on December 31, a Dauphin County Court of Common Pleas Judge ruled that machines, known as Breathalyzers and Intoxilyzers, cannot be considered accurate for specific blood-alcohol levels. He deemed readings between zero and 0.05 and readings above .15 percent potentially inaccurate.
- Fungal Meningitis: What You Need to KnowThe New England Compounding Center, has recalled more than 17,000 doses of contaminated steroid injections and experts worry that as many as 14,000 patients could be at risk of contracting meningitis. As of this week, the deadly fungal meningitis outbreak has spread to 15 states, including Ohio. It has already infected 230 victims and killed at least 15 people.
- Contaminated Steroid Puts Thousands at Risk for Fungal Meningitis DeathThe U.S. Centers for Disease Control estimate that as many as 13,000 people may have been injected with the defective drug, leaving open the possibility that the number of people infected with fungal meningitis will increase well beyond the currently known cases.
- What are the Side Effects From the Drug Victoza?Victoza is a prescription medication that helps lower blood sugar levels in adults with type 2 diabetes, otherwise known as adult onset diabetes. The drug is manufactured by Novo Nordisk, and it was approved by the Food & Drug Administration (FDA) in January of 2010. It functions by helping the body make more insulin and control glucose levels.
- All Criminal Law Articles
Articles written by attorneys and experts worldwide discussing legal aspects related to Criminal Law including: arson, assault, battery, bribery, burglary, child abuse, child pornography, computer crime, controlled substances, credit card fraud, criminal defense, criminal law, drugs and narcotics, DUI, DWI, embezzlement, fraud, expungements, felonies, homicide, identity theft, manslaughter, money laundering, murder, perjury, prostitution, rape, RICO, robbery, sex crimes, shoplifting, theft, weapons, white collar crime and wire fraud.