How Is State Law Different From Federal Criminal Law?
Many criminal offenses are covered by both state and federal laws, each having different criteria for the offense and different sentences served in different prison systems, depending on whether the violation was prosecuted under state or federal law. Federal sentences tend to be more stringent, and typically have fewer alternative sentencing options.
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Identification
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Federal laws are enforced by officers from federal agencies such as the FBI, Drug Enforcement Administration (DEA), Treasury Department or Secret Service. State laws are enforced by local, county and state police. If you are arrested by federal agents, you are taken to a federal facility for booking and held in a federal jail until trial, or until you make bail. If you are arrested and charged with a state offense, you are taken to a local police district for booking, then transferred to a county facility to await bail or trial.
Jurisdiction
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State laws can be enforced only in the state in which the crime was committed. Federal laws can be enforced in any state in which the crime took place. Federal laws that have a corresponding state law can be enforced as federal laws only if they occur on federal property. For example, if you are arrested for possession of drugs under state law, and the offense allegedly occurred in a national park, even though the park is in Montana the crime is a federal offense because national parks are federal property. If you are arrested on the streets of a town in Montana, you are prosecuted under state law.
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Considerations
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If a crime that was committed involved crossing state lines, the crime can be prosecuted under federal law. Drug trafficking, for example, violates both state and federal laws. If the drugs were produced in Illinois and subsequently sold in Illinois, the federal government has no jurisdiction. If the drugs were produced in Illinois and sold in Indiana, federal law applies because state lines allegedly were crossed to commit a crime.
Regulations
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Violations of federal regulations, or crimes committed against federally regulated institutions, such as banks, are governed and enforced by federal law. Bank robberies are always a federal crime because the federal government regulates the banking industry. Though local law enforcement may be responsible for capturing and arresting a suspect, the suspect is turned over to federal agents for booking and prosecution.
Problems
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At times, federal and state laws can be at odds with one another. Medical marijuana is a perfect example. Legal under California state law, marijuana can be grown for medicinal purposes and dispensed by prescription. However, federal law does not differentiate between uses; it is illegal to possess or grow marijuana under federal law. DEA agents have raided and arrested licensed marijuana farmers in California, citing violations of the interstate commerce clause of the U.S. Constitution.
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