New York’s penalties for drug offenses may seem severe, but the penalties for federal drug charges are much harsher. As a leader in the global war on drugs movement, the United States takes a strong stance on drug charges. Federal narcotics offenses carry a much more severe penalty than state-level charges, which is why you may want a skilled criminal defense attorney with experience in federal drug crimes at your side. Facing a judge and jury alone, with little to no understanding of the law, can be overwhelming and intimidating and will probably not give you the outcome you want. At the Law Office of Benjamin Greenwald, our New York attorneys are prepared to listen to your case, and if we take you on as a client, fight to prove your innocence or get you the lightest sentence possible. Call (845) 567-4820 to schedule a consultation to discuss your legal needs and the details of your case.
What is the Controlled Substances Act of 1970?
The Controlled Substances Act (CSA) of 1970 is Title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970. This is a federal United States drug policy. This policy regulates the manufacture, possession, importation, distribution, and use of certain narcotics, anabolic steroids, hallucinogens, stimulants, depressants, and other chemicals.
The CSA places all substances that were regulated by existing federal laws into one of five schedules, I-V. Placement is based on the substance’s medical use, safety or dependence liability, and the potential for abuse. Those who order, store, handle, and distribute these controlled substances must be registered with the Drug Enforcement Administration (DEA). They must also maintain accurate inventories, records, and security of those substances. Individuals typically need a written prescription to legally obtain controlled substances and are often limited to a 30-day supply.
How Does Someone Get Charged With Federal Narcotics Offenses?
There are state and federal charges, and people commonly expect that if they are charged with a crime, they will be charged by the state. However, federal narcotics offenses are more frequent than one might think. There are many ways that an individual might be charged federally instead of by the state of New York, but some are more common than others.
Most Common Ways to Face Federal Narcotics Charges
One way an individual may face federal narcotics charges is if the alleged crime took place on government property. This might include airports, military bases, government buildings such as police stations, fire stations, the Department of Motor Vehicles, and others. Public parks, libraries, national parks, and public utilities such as water and sewer systems are also considered government property. Individuals could face charges for having narcotics in their possession, selling or distributing them, or manufacturing them in these locations.
A second way that an individual may be charged federally is if they allegedly moved a large amount of controlled substances over state lines. This is also known as drug trafficking and it results in federal charges because the movement over state lines means it is interstate activity. A third possibility that may result in federal charges is by allegedly sending controlled substances in packages through the mail. This could potentially mean that even something as simple as an individual mailing a relative the vicodin they forgot at the individual’s house when they visited could result in federal charges.
Other Factors That Elevate Cases From State to Federal Charges
While the previous examples are the most common ways individuals may face charges for federal narcotics offenses, there are other factors that can elevate a case from state to federal charges. These factors can include large quantities of the controlled substance, high-profile operations, connection to other federal crimes, or the involvement of other federal agencies. While individuals may be aware of the first two factors, connections to other federal crimes or involvement of other federal agencies may not be information that the individual has, depending on the role they play in the alleged crime.
What Is the Federal First Offenders Act?
First-time offenders often wonder if they may be able to get probation. Generally, probation is only available when the individual has no prior convictions or criminal background and this was their first arrest. When probation is an option, Title 18 U.S. Code Section 3561(c) provides that probation length is one to five years for felonies, up to five years for misdemeanors, and no more than one year for infractions. The First Time Offenders Act (FFOA) is another option for probation, but is extremely limited.
What is the First Time Offenders Act?
The First Time Offenders Act (FFOA), found in Title 18 U.S. Code Section 3607, provides the court with the option to place the individual on probation for a period of up to one year without entering a judgment of conviction. During this probationary period, up to and including at its expiration, the court may dismiss the proceedings and release the individual from probation if they have not violated a condition of their probation. Because there is no judgment of conviction, the individual will not have a criminal record. However, if they violate a condition of probation, the court will then proceed with a conviction and sentencing as normal.
Who Is Eligible for the FFOA?
The FFOA is only available to individuals who have no prior convictions, have not been found guilty or involved in any serious criminal activity. The offense must be a first time, non-violent federal crime, such as federal narcotics offenses. The offense must be simple possession of controlled substances, and the court must decide that the individual is likely to have a positive response to rehabilitative efforts. If you believe that you may meet the requirements for the FFOA, an experienced criminal defense attorney with the Law Office of Benjamin Greenwald may be able to assist you with confirming your eligibility and requesting that the court consider you for diversion through the FFOA.
Which Drugs Are Considered Narcotics?
According to the International Narcotics Control Board, there are more than 141 narcotic drugs that are currently regulated. These drugs are mostly natural products, and many people are more familiar with their more common name: opioids. However, even when people understand that narcotics are opioids, they do not necessarily understand which specific drugs those are or whether they are legal or illegal. Being able to identify a narcotic as such may be vital for individuals to avoid having a narcotic in their possession so they cannot face federal narcotics charges, or to be able to prove that they did not have a narcotic in their possession.
What are Opioids or Narcotics?
Narcotics, or opioids, are a class of drugs that cause the user to be in a state of insensibility or stupor due to the depressant effect the drugs have on the central nervous system. The National Cancer Institute defines narcotics as substances used to treat moderate to severe pain.
Narcotics can include opium and its derivatives, including codeine, morphine, and heroin. However, there are several other substances that are not opium-derived that are considered narcotics. These include cannabis (marijuana), coca leaf (cocaine), and synthetic drugs such as methadone and pethidine.
Are They Legal or Illegal?
Narcotics can be legal or illegal. Illegal narcotics include heroin and cocaine and are never legal for individuals to possess, use, manufacture, or distribute. These are what people most commonly think of when they think of federal narcotics offenses. Individuals should remember that while medical marijuana is legal in the state of New York, it is not legal on a federal level and therefore may still result in facing charges federally.
Narcotics can also be legal, such as morphine, codeine, and oxycontin. In their legal form, narcotics typically require the individual to have a prescription. If an individual does not have a prescription for a narcotic in their possession, or they have multiple prescriptions for narcotics, or they are attempting to sell their prescribed narcotics to others, they may face federal narcotics charges. This is one reason why many doctors will hesitate to prescribe these drugs to patients they do not know or who press too hard to get a prescription.
Common Names for Narcotics
Both legal and illegal narcotics have names that may be more familiar to people than others. Legal narcotics include ketamine, demerol, darvon, vicodin, oxycontin, hydrocodone, and fentanyl. Illegal narcotics, such as heroin, often have street names such as Sippin Syrup, Hillbilly Heroin, Black Tat, Smack, OC, Horse, Oxycotton, Brown Sugar, and others according to the DEA.
What Do Narcotics Look Like?
Most legal narcotics are in tablet, capsule, or skin patch form. However, these can also be sold on the street alongside illegal drugs which may come as chunks in varying colors, syrups, liquids, suppositories, or lollipops. Narcotics can be swallowed, sniffed, smoked, or injected.
Possible Penalties for Federal Narcotics Offenses
Federal narcotics offenses come with harsh penalties. These penalties are determined based on federal sentencing guidelines that start with a drug quantity table to decide a base level penalty. Then, this base level penalty may be adjusted for violence, weapons, threats, whether the individual was dealing near a school, and whether the individual is a leader in a narcotics conspiracy. This means there can be some distinct variations between sentences for federal narcotics offenses.
However, there are mandatory minimum sentences that can provide an idea of what kind of penalty an individual may face if convicted, including:
- 90 days in prison for possession of a controlled substance with two or more prior convictions
- Unless another minimum sentence applies, one year in prison for distributing controlled substances near schools
- Five years in prison for trafficking a Schedule I substance in the amount of 100 grams
- 10 years in prison for trafficking at minimum of one kilo of any Schedule 1 substance
- 10 years in prison for repeat offenders
- 20 years in prison for federal narcotics offenses if serious injury or death occurred
- 20 years in prison if the individual has a prior felony drug conviction or criminal record
- Life in prison if individual has a prior felony drug conviction which involved serious injury or death or has two or more felony drug convictions.
How a New York Criminal Defense Attorney Can Help
Facing federal narcotics charges can be frightening, particularly if you are not guilty or are a first-time offender. A New York criminal defense attorney with experience and knowledge of drug crimes may be able to assist you by building a strong defense with solid evidence, character witnesses, and other witnesses. They may also be able to negotiate to have the federal charges reduced to New York state drug charges instead, which come with lighter penalties. Call the Law Office of Benjamin Greenwald at (845) 567-4820 to schedule a consultation at which we can discuss your case and review your legal rights in the face of such intimidating charges.
