What Is A Drug Trafficking Felony?

Medical marijuana is an issue that divdes federal and state actors.

Drug trafficking felonies are defined very broadly on both state and federal levels. Drug trafficking felonies are decided primarily at the federal level, with state law generally expanding on or further explaining federal regulations. States may also have specific laws to deal with issues on which the federal government is silent.

Federal

States have independently begun decriminalizing non-violent drug offenses.

The 21 United States Code (USC) 841 typifies federal law on drug trafficking. It is broadly worded so it could apply to any substance that is classified as Schedule I, II or III, and to most actions outside of limited personal and private use. Penalties include sentences of 20 years, 40 years or life, depending on repetition or severity of the offense.

Local

A criminal lawyer in your area can help you understand drug legistlation in your area.

State law can vary dramatically, but generally subscribes to federal policy. Felonies in Colorado include cultivation and possessing a half pound or more of marijuana. The Colorado rule on possession of marijuana is more lenient then the federal rule, and has been mirrored by other states.

Medical

Medical marijuana and decriminalization of marijuana possession is one of the few points of conflict between state laws and federal drug polices.

Conflict

Cultivation is illegal in most states, even when possession is decrimalized.

The "Drug War" is attributed to President Richard Nixon. The creation of the DEA under his authority has generally impacted federal law and policy. Advocates for decriminalization and regulation of drugs point to the success of such programs in the Netherlands and Switzerland.

Types

Drug trafficking generally includes growing or cultivating marijuana, manufacturing or processing any controlled substance, possession of controlled substances and selling or distribution of controlled substances. Basically, buying, selling or having to much on your person is considered a drug trafficking felony.

Help

Possession, in some states like California and Massachussets, results in no more than a traffic ticket for 1 ounce or less of marijuana.

Minor violations and infractions usually result in traffic ticket like violations, if the state is involved and a decriminalizing statute in place. A lessor violation should only result in a fine similar to a traffic violation. If you or someone you know is in trouble or worried about these issues, contact a criminal attorney in your area.

References

• PBS: 30 Year Chronology of the Drug War
• Apendix E : Drug Trafficking Offense Chart
• Common Colorado Felonies

Resources

• Drug War Facts
• American Drug War Documentary