Law Enforcement and Drugs – A Brief Look
Those convicted on charges of drug ownership face a broad range of punishments, which vary from state to state. Simple possession penalties range from a fine of under $100, a few days' imprisonment up to thousands and years' imprisonment for the same crime. Simple sentences on drug possession tend to be the lightest whereas drug distribution, or drug manufacture are subject to far more significant penalties. Prosecutors sometimes provide pleas to defendants who could assist them in an investigation of a higher priority crime and perhaps lead to the arrest of a leader in organized crime. A criminal defense attorney in OKC has a pivotal part in handling drug-related convictions for clients.
Federal Drug Law
The consumption, production, possession, and distribution of legalized and illegal substances is controlled through federal drug legislation, including the Controlled Substances Act. The federal agencies are working with both the state and local authorities to ensure adequate controls of substances that are considered dangerous to individuals and society. The main focus of federal agents is trade. However, most of the arrests are carried out by state agencies on drug offenses, and many are for possession. Each state has particular legislation and regulations on drugs. However, the Controlled Substances Act empowers federal drug legislation to be enforced within any jurisdiction irrespective of the state laws. A criminal defense attorney in OKC can guide you better for Oklahoma laws.
In an attempt to target high-level distributors, federal legislators issued necessary minimum sentence rules for drug offenses in 1986, although they also affect lower-level drug convictions. In most countries, drug sentencing has a similar approach. The fixed sentences are based on drug type, drug weight, and previous convictions.
Manufacturing refers to participation in the production steps of illegal drug products, such as the sale of chemicals used in the production of or for the production of drugs. This could include growing marijuana as much as producing methamphetamine. A person caught with less than 50 marijuana plants can face a prison sentence of up to five years and a fine of up to $250,000. Between 10 years of prison to life and a fine of up to $10 million, may be given to a person caught with more than 1,000 plants – even on the first offense.
For Possession of Drugs
The federal law allows simple possession – having illegal drugs for personal use – to be punished as a misdemeanor with at most a year in prison or a minimum fine of $ 1000 whereas state fines may vary widely. Drug paraphernalia sold with intent for illegal drug use are also illegal and may give rise to a possession charge if it has residues.
The “intent to distribute” is a category of possession that occurs when there is evidence a person is packaging and selling the product., such as smaller bags totaling a large amount, and large quantities of cash. The consequences of this offense, are severe.
For the Distribution
The laws on drug trafficking and distribution impose penalties on the transport, sale or trafficking of substances. This also applies to illicit prescription drug distribution. Trafficking is a crime; penalties depend on the product(s) in question, the quantities of drugs involved, the location of drug distribution, the location of arrests, and the distribution of drugs to minors.
The many States have established programs for felonious drug defendants, known as drug courts, which are overseen by a judge to rehabilitate the respondent rather than bring the case to justice. Judges have much supervision over the drug courts' operations. A drug defendant who agrees to the court takes about 12 to 15 days to attend treatment and undergo random testing while appearing regularly before the judge. Those who fail to show in court or do not perform drug tests are arrested and often sentenced to a short prison term.
The penalties for the possession of drugs may vary depending on the state of your case and the specific facts. In some cases, offenders may be eligible for drug treatment for the first time rather than other sanctions. Contact us at Handley Law Center for a team of qualified criminal defense attorneys in OKC to find out more and get help with your case.