In addition to the conventional ways in which drugs are transported and acquired, a growing number of people are being accused of using modern technology to transport and acquire scheduled drugs. This can lead to an arrest and significant penalties.
People alleged to be doing so could be vulnerable to the federal Travel Act drug laws. The technical term is the interstate and foreign travel or transportation in aid of racketeering enterprises. This covers all commerce that travels between states. Regarding drugs, it can encompass several potential acts that are part of the endeavor. Anyone who is charged with crimes under this act must be aware of the available avenues of defense to try and avoid a conviction.
Unlawful activity under the Travel Act
The key with the Travel Act is “unlawful activity.” A business enterprise that includes narcotics among other activities and violates the Controlled Substances Act could result in state and federal charges. Someone who is said to be trafficking or distributing drugs and using the U.S. mail or traveling personally to do so could be convicted under this act.
An example would be a person who acquires prescription medication for trafficking or distribution in one state and enters another. They can also be charged if they committed violence, distributed drugs, received proceeds from the activity or took steps to oversee the illegal behavior.
Those who are convicted can face a maximum of five years’ incarceration.
A growing number of people are using relatively new tactics to acquire scheduled substances and transport them from state to state. Law enforcement is on the lookout for these activities in various ways. A simple traffic stop in which a person who resides in Indiana goes to a neighboring state and is accused of transporting drugs could be the catalyst for charges under the Travel Act.
Defenses for crimes related to the Travel Act
People who are accused of violating this federal law need to be aware of their options to lodge an effective defense for these potentially serious drug crimes. The prosecution must show that the individual charged transported the drugs from one state to another, intended to do so, and did so. These are the interstate, intent and performance elements of the charges.
When crafting a defense, it is important to understand what can be done to call the evidence into question. There may be ways to reduce the charges or to get an outright acquittal.