What Is the Difference Between State and Federal Drug Crimes?
When you are going through the criminal justice system for the first time, you may be confused about the difference between state and federal drug crimes. Federal crimes are very different from state crimes for a few reasons. If you are charged with crimes related to drugs, they may be state or federal crimes – or both.
Different Crimes, Different Courts
When you are charged with violating a state law, you are accused of committing a state crime. People accused of committing state crimes go to state court and talk to a state judge. The same is true for federal law and crimes.
If you are found guilty of a state crime such as possession of controlled dangerous substances, you may go to jail or state prison. In contrast, if you are found guilty of a federal crime, you go to federal prison. For drug convictions, federal laws often require stricter sentences than state laws. Federal law may include mandatory minimum sentences for certain crimes that the judge cannot vary. In contrast, state judges sometimes have some discretion to reduce a sentence.
Which Crimes Are State and Which Are Federal?
Generally, federal drug crimes involve distribution or trafficking of substances that the federal government has decided are illegal. Often those convicted were moving drugs from one state to another, or into the country. Federal crimes usually result in longer prison sentences and stricter release conditions than state crimes. Even first time federal offenders often receive at least a year in prison. For very serious crimes, fines can run into the millions of dollars.
Oklahoma also has state laws against distribution and trafficking of what it calls controlled dangerous substances (CDS), but possession or selling charges are more common. Sentences tend to be slightly lighter overall than in federal court, but Oklahoma has stricter drug laws than many states. Recently, Oklahoma decriminalized possession and sale of medical marijuana. Marijuana is still completely illegal under federal law.
For both state and federal crimes, the sentence you could face if convicted or if you agree to a plea bargain will depend on many factors, including:
- Which type(s) of controlled substances were involved, and how much
- Your criminal history
- The situation when you were committing the crime (some laws require sentence enhancements for, for example, selling drugs near a school)
Whether you are accused of a state or a federal drug crime, seek out the help of a knowledgeable lawyer in your area.
To learn more about fighting state drug charges, seek out the local criminal attorney who cares about seeking the best outcomes for his clients. Clint Patterson, Esq., of Patterson Law Firm, a former Tulsa prosecutor, can help you fight back in court. Schedule a case evaluation by visiting Patterson Law Firm online or calling Clint’s office at (918) 550-9175.