How Are State and Federal Drug Crimes Different?

Posted By The Law Offices of Jeffrey C. Grass || 11-May-2013

Both state and federal statutes ban the possession, manufacturing, and sale of various controlled substances. For a drug to be considered a controlled substance, it must be available to certain individuals in specified dosages. Common examples include medical prescriptions of marijuana used to treat chemotherapy symptoms and the amphetamines found in ADHD medication. Possession and use of these substances are illegal without a valid prescription. In addition, both state and federal laws prohibit growing or chemically engineering illegal drugs.

State Level

Most drug-related cases are handled at the state level. While the federal system outlines consequences for drug crimes, each state has its own unique set of drug laws. State cases primarily involve possession charges. Without intent to sell and distribute the drugs, state courts generally impose lighter sentences, such as probation. In these situations, sentencing varies greatly from state to state. When charges involve large quantities of controlled substances, they may be turned over to the federal court system.

Federal Level

A drug case can enter the federal system when a federal agent conducts the arrest. This is common in large drug busts by the Drug Enforcement Administration. If the state case involves the manufacturing and distribution of large quantities of controlled substances, it may also be handled at the federal level. Federal drug charges lead to severe sentencing, even for small possession charges. For example, federal trafficking penalties may include a sentence of up to five years in jail and $250,000 in fines.

Whether your case involves a state or federal crime, the Law Offices of Jeffrey C. Grass can evaluate your charges and advise you on the best defense strategy. For almost 20 years, we have provided comprehensive criminal defense to residents in the state of Texas. To discuss your case, call us today.