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Overview of Federal Drug Crimes

Overview of Federal Drug Crimes

Overview of Federal Drug Crimes

Similar to Oklahoma law, federal law prohibits the possession, sale, distribution, manufacture, and trafficking of drugs. When someone accused of a drug crime is charged under federal rather than state law, usually the alleged crime was committed on federal land (such as airports) or it took place in multiple states. Federal drug laws differ from Oklahoma drug laws because of the different penalties, different classifications of drugs, and sometimes, different elements of the crime.

Congress passed the Comprehensive Drug Abuse Prevention and Control Act, the main federal law prohibiting drug crimes, in 1970. It is also known as the Controlled Substances Act. The Act prohibits a broad range of activities involving controlled substances, not just substances you would typically think of as illegal drugs.

Like Oklahoma, the federal government organizes controlled substances into categories based on rates of abuse and addiction versus medical value. Federal laws mandate the strictest penalties for people convicted of crimes involving Schedule I drugs. Schedule II drugs may be prescribed to patients but are illegal without a prescription. Marijuana is a federal Schedule I drug, meaning it is illegal regardless of whether you have a state medical marijuana card.

Many people perceive federal drug charges to be more serious because they often carry harsher or longer sentences. Federal judges must use a mandatory minimum sentencing scheme based on the amount of a drug the convicted person used in the crime and the particular drug involved. Because judges have very little discretion in altering sentencing for those convicted of drug crimes, generally little consideration is given to a person’s background or the context of the crime.

Like Oklahoma, federal law imposes sentence enhancements for repeat offenders, crimes committed near schools, and crimes involving children. Federal law also enhances sentences for crimes involving firearms. As a result of the mandatory minimum sentences, defendants may receive a much harsher sentence than seems “fair”. If you are charged with federal drug crimes it is essential to work with a qualified attorney, who can raise defenses and potentially negotiate reduced charges.

If you need representation in an Oklahoma court for a drug-related charge, seek out an attorney who knows the system. Clint Patterson, Esq., of Patterson Law Firm, a former Tulsa prosecutor now using his trial experience and in-depth legal knowledge to defend people accused of drug crimes, fights for their rights. To schedule a case evaluation, visit Patterson Law Firm online or call Clint’s office at (918) 550-9175.