Drug Crime Law
Guide to Drug Crime Law
What is Drug Charges law? This legal area, also referred to as Drug Crimes law, is a subset of Criminal law and overlaps with Criminal Defense law. It encompasses the laws created to deal with illegal drug possession, use, manufacture, trafficking and other related transactions, as well as their enforcement and with legal defenses of the associated charges. This refers to both “street” drugs, which are strictly illegal, and drugs subject to Controlled Substances law, which are regulated by state and federal laws.
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.
Know Your Rights!
- Dealing with Drug Charges
- How to Fight Drug Possession Charges
- If a Drug is Not Illegal, Can I Get in Trouble for Having, Taking, or Selling it?
- What Are the Different Schedules of Drugs
- When Can You Be Held Responsible for Drugs or Guns That Aren't Yours?
- Where is Marijuana Legalized, Decriminalized, or Still Criminal?
Articles on Drug Crime Law
- What to Do When Facing Drug ChargesIf you are in danger of facing drug charges, you may face severe penalties and even a lengthy prison sentence. The best thing to do for your case is find a criminal defense lawyer as early as possible. They may be able to negotiate on your behalf and get you a lighter sentence before any formal charges are made against you.
- How Mental Health Affects CustodyRaising a child is a demanding and challenging endeavor. This can pose problems for parents who suffer from a mental illness.
- Sixth Risperdal Lawsuit Settled After Several Large Jury AwardsThe plaintiff alleges that the drug Risperdal was responsible for his gynecomastia.
- Xarelto Trials Set to Begin in February 2017All the lawsuits filed against the Xarelto manufacturers claim that they have suffered serious or life threatening side effects from the drug.
- Search & Seizure Law: Exclusionary Rule Applies at Probation Hearing in PennsylvaniaThe Pennsylvania Supreme Court has dramatically re-interpreted search and seizure law for people who are serving sentences of probation or parole. In Commonwealth v. Arter, the Court ruled that “illegally-obtained evidence which is suppressed during criminal proceedings should likewise be suppressed during parole and probation revocation proceedings pursuant to Article I, Section 8 of the Pennsylvania Constitution.”
- Can I Use Marijuana While on Probation or Parole in Colorado?Marijuana is a federal offense, but for residents of Colorado, Marijuana is legal medically and recreationally. So what are CO residents' rights in using Marijuana while on probation or parole? Check out this article by Denver Criminal Defense Attorney, Colin Bresee, to learn more.
- Does Law Enforcement Need A Warrant To Search My House If I Am On Probation?An issue that frequently comes up when litigating motions to suppress in drug and weapons cases is whether the police or probation department need a search warrant to search the house of a someone who is on probation. Both the United States and Pennsylvania Constitutions require law enforcement to get a search warrant before conducting a search of a residence. However, there are a few limited exceptions to this rule. Two of those exceptions apply to people who are on probation or parole.
- Medical Malpractice Cases Involving the Impact of Testosterone on Intellectual FunctioningTestosterone has been linked with heart attack and disease risks that could lead to serious injury or death. Every single male that consumes this product has a chance of danger at some level, but there tends to be a higher possibility for harm in those younger than 65 years of age.
- When Doctors Prescribe Dangerous Drugs to Elder Patients Who FallPatients that receive prescription treatment from a physician of an advanced age may increase their risk of falls and injury. It is difficult for many older persons to coordinate from place to place with greater and further distance, but adding many different medications to these acts have heightened possibilities of causing harm to these individuals. Some medical professionals do not take the normal aches and pains into account when prescribing certain pills and substances for elder patients.
- Xarelto Lawsuit Paving the Way for Ongoing LitigationAfter severe internal bleeding from Xarelto use, one man’s lawsuit is scheduled to go to trial.
- 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.
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.
- 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.
- 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.
- 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.
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.
- 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.
- 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.