Examples of Drug Cases
When considering examples of drug cases, it is important to remember that drug laws vary from state to state. For example, some states have legalized marijuana for medicinal purposes; others have stiffened laws on possession of drug paraphernalia. That being said, drug cases can generally be broken down into four categories: type of drug, amount of drug, use of drug and paraphernalia.
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Type of drug
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Every drug in the United States, from street to prescription (which is considered narcotics, depressants, stimulants, hallucinogens or anabolic steroids), is controlled and classified by the Drug Enforcement Agency (DEA) under the Department of Justice. Classes of drug are based on accepted medicinal use and range from Class I (no medicinal value) to Class V (widely accepted medicinal value with low chance of addiction). Drugs that fall in lower class numbers (I and II) are usually street drugs that have little or no accepted medical use (i.e., marijuana, cocaine and LSD), and are generally prosecuted more harshly than drugs that fall under higher class numbers.
Amount of drug
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The amount of drug being carried will often affect the type of charge issued. The more drug possessed, the harsher the charge. Even in states that have legalized marijuana for medicinal purposes, there is a maximum amount that can be carried before the person is considered in violation of state law.
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Use of drug
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The type and amount of drug will be considered when a determination is made as to the suspected use of the drug. Small amounts are usually charged as possession or simple possession. This means that the drug was supposed to be consumed by the person in possession of it. If a large amount is found, or if the drug is found in several containers, the charge might be delivery or possession with the intent to sell/distribute. Also known as trafficking, this charge is much more serious than possession and often guarantees jail time. Manufacturing is a relatively new charge that is a direct result of the increase of methamphetamine problems. Generally, manufacturing also carries a possession with intent to sell/distribute charge. Any of these can be rolled together to create a conspiracy charge.
Paraphernalia
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The DEA defines drug paraphernalia as "any equipment, product or material that is modified for making, using or concealing illegal drugs such as cocaine, heroin, marijuana and methamphetamine." Paraphernalia charges usually differ depending on the type of paraphernalia, user or dealer/manufacturer. User paraphernalia charges usually have penalties along the lines of simple possession or less. Dealer/manufacturer paraphernalia usually carries a stiffer penalty and is often the basis for a conspiracy charge.
Misconceptions
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It is important to remember that wherever drugs have been legalized or "decriminalized," the changes have been made to state law. Marijuana is still illegal under federal law in the states where it has been "legalized." In those states, approved patients will not face charges under state law if found with certain amounts of marijuana, but could be prosecuted under federal law. The fact that the federal government has prosecuted few of these cases does not mean they will continue to be lenient in the future.
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