Drugs and Narcotics

Federal and state laws prohibit the production, distribution, possession, and use of numerous drugs and narcotics. "Narcotics" is the common term used to describe and illegal drugs. Technically speaking, however, the word "narcotics" refers to chemicals which induce stupor, desensitization to pain, coma, and similar effects. Narcotics, under the technical definition, include strong painkillers, opiates, and opioids. For the purposes of this information drugs and narcotics will refer to substances and their precursors which have been made illegal by federal and state laws.

The Comprehensive Drug Abuse Prevention and Control Act, which contains the Controlled Substances Act, is the legal basis of the federal government's fight against drug abuse and related crime. The federal government maintains a comprehensive list of drugs and narcotics that are illegal to cultivate, produce, sell, distribute, possess, and use. They also include prescription violations in the group of drug-defined crimes. Legal prescription drugs and narcotics (which often have high abuse potential) are treated like illegal substances when they are unlawfully produced, distributed, possessed, or used.

The government creates and enforces laws regulating drugs and narcotics for the purpose of reducing the consumption of illegal drugs and reducing drug related crimes. Drug related crimes named by the federal government include: violence triggered by the effects of drugs, violence prompted by drug related conflict, and theft committed to get money to obtain drugs. Federal and state laws are designed to severely punish repeat offenders and big time dealers. In practice, laws regarding drugs and narcotics are extremely harsh for most offenders, even those that are non-violent offenders.

The punishment for drugs and narcotics offences depend on the quantity of the drug, the type/classification of the substance, the illegal act committed (i.e. possession) and its purpose, and other factors. The federal government has developed a drugs and narcotics schedule which classifies illegal substances and provides sentencing guidelines based on the quantity and classification of such substances. These guidelines provide mandatory minimums for certain drug offences. State sentencing guidelines are modeled after their federal counterpart.

The actual sentence for drugs and narcotics crimes is based on the severity of the crime and the criminal history of the offender. Drugs and narcotics offenders can face incarceration, heavy fines, probation, rehabilitation programs, community service, compulsory drug testing, and more. Punishment for drugs and narcotics offenses may be greatly enhanced when minors are used in distribution, drugs are sold to minors, illegal drug activity occurs in a school zone, or the offender has prior drug convictions.

Many people who are charged with drugs and narcotics offenses are non-violent offenders that are otherwise productive members of society. These people often face the same harsh penalties as big time violent criminals. If you would like to learn more about your rights and options in a drugs and narcotics case, please contact us to speak with a qualified criminal defense attorney who can protect and maximize your legal interests.