Thumb drug crime

According to U.S. law, there is a distinct difference between drugs and narcotics. Drugs are classified as substances used for diagnosing and treating diseases, and are regulated by the Food and Drug Administration (FDA). Drugs could include food additives, infant formulas, vaccines, vitamins, laxatives, cold tonic, and other such products. The FDA is responsible for advancing public health by helping to make public those 'innovations that make medicines more effective.'

On the other hand, narcotics are categorized as substances that either 'stimulate or dull an individual's senses and that can easily become habit forming (i.e., they are addictive when used over a prolonged period of time).

The production, possession, and sale of illegal narcotics is banned in the United States. A survey by the Department of Justice in 2000 found that over half the adult population between the age of 18-34 in the United States had used narcotics in their lifetime. Even more shockingly, it was found that 28 percent of children aged 12- 17 had also tried narcotics. 

While most of the focus in the narcotics arena falls on cocaine and marijuana, in more recent years, synthetic 'designer' drugs such as MDMA (also known as ecstasy, or 'molly' in urban culture) have become increasingly popular. According to the DEA, death as a result of drug overdose, specifically heroin overdose, has tripled in the United States in the last five years due to greater availability, along with an increase in the use of fentanyl, a highly toxic heroin adulterant.

Types of Drug Charges

In the United States, drug crime is covered by both the federal and state laws. Each state's laws may be narrower than the federal laws, and federal drug charges tend to result in longer sentences while state drug charges could involve short-term sentencing or even probation.

A few common types of drug crimes are listed below.

Paraphernalia: Selling, importing, or exporting any drug paraphernalia as outlined by the National Drug Intelligence Centre is a crime. Paraphernalia is defined under Federal law as "any equipment, product, or material which is intended for use in manufacturing, inhaling, injecting, or otherwise introducing a controlled substance into the human body."

Possession: Possession of drugs is a crime under both federal and state drug laws but the exact law varies in each state, as it depends on the type of drug involved, as well as the amount of drug in possession. For example, according to Drug Charge Laws in New Jersey, possession of even a small amount of heroin is classified as a crime of the third degree and can lead to a prison sentence of up to five years along with a fine of $35,000. On the other hand, in the state of Wisconsin, the same crime would carry a fine of $10,000 and up to 3.5 years in prison.

Trafficking: It is illegal to sell, transport, and import narcotics such as cocaine, heroin and other controlled substances. Trafficking is considered a more serious crime than possession on its own, since it involves transportation of larger amounts of narcotics.

Manufacturing: Under both federal and state laws, if a person is involved in the production of an illegal drug, he or she can be charged with drug manufacturing. Marijuana cultivation is treated differently in some states due to its medical use.

Dealing: This refers to selling illegal substances, but on a smaller scale than would be applied to trafficking. Dealing refers to a single person selling an illegal substance. The punishment is not as severe as compared to trafficking, which involves the sale of much larger amounts of illegal substances.

For example, according to the Drug Enforcement Administration – the government body in charge of setting federal penalties for both dealing and trafficking – if you are caught selling less than 50 grams of marijuana, it would result in a prison sentence of up to five years. If you are caught selling 1,000 kilograms of marijuana, the sentence can range from 10 years to life. 

Drug-related arrests have increased dramatically in the past few decades. In 2010, there were 80 percent more arrests (1,336,530) for drug possession than in 1990 (741,600). If someone gets a drug crime on his or her record, it has serious consequences.

Consequences of Becoming a Convicted Felon

Possession of even a small amount of narcotics will possibly be charged as a felony in most states, especially those with strict drug possession laws. A convicted felon faces lifelong consequences, including:

  • Forfeiting the right to become a voter, as well as losing the ability to hold public office or run as a candidate.
  • Losing the ability to have firearms.
  • If you want to foster a child, it will not be possible as the Department of Children and Families will deny a license for a foster family if any member of the family is a convicted felon.
  • Not eligible for federal assistance for higher education expenses.
  • Cannot receive benefits under the temporary assistance for needy families program.
  • Certain occupations require the license or permit of the employee, now a convicted felon, to be revoked. These occupations include architects, private detectives, anyone who works under the Department of Public Health (i.e., doctors, nurses), etc.
  • Other types of careers that will be affected due to license being revoked if convicted of a felony including real estate appraiser, pharmacy licensee, landscape architect, therapist, interior designers, physical therapy assistant, and many more.

The United States is cracking down on narcotics in all forms. There have been an increase in narcotics-related arrests in the past few decades and increasingly harsh penalties on various crimes related to narcotics. Both the federal and state laws work together to bring to justice those who are convicted of narcotics-related crimes. The consequences of becoming a convicted felon, along with the dangers associated with becoming a drug addict, are never worth it.

(Image Credit)