You may know that drug crimes come with serious penalties, but these penalties vary depending on the type of drug crime and if the drug charges are on the state or federal level.
The Bureau of Justice distinguishes drug crimes based on whether they are a drug-defined offense or a drug-related offense.
A drug-defined offense is a crime directly involving drugs. Drug possession, manufacturing or trafficking are examples of drug-defined offenses.
A drug-related offense is a crime that was motivated by drugs or committed in conjunction with drug use. A common example of a drug-related offense is engaging in theft to steal drugs or committing prescription drug fraud.
When you face drug charges, you can be charged with a drug-defined offense, a drug-related offense or both, depending on the circumstances. The prosecution’s next step is determining whether to charge at the state and/or federal level.
The key difference between state and federal crimes is jurisdiction. Generally, if the entire crime occurred in Indiana and not on any federal property, you would face state charges under Indiana law.
When state crimes become federal
However, if the crime occurred in two different states, occurred on federal property or you crossed state lines to commit the crime, you could find yourself facing federal drug charges. Drug trafficking is often a federal crime, since the drugs are trafficked from one state to another or even one country to another.
Federal drug crime penalties are often higher than state penalties. The exact penalty depends on the situation but federal drug crimes typically come with mandatory prison sentences.
In the case of drug trafficking, the penalty might depend on what drug was involved and the quantity of drugs that was moved. For example, you could be sentenced to 10 years to life in prison for trafficking one kilogram of heroin.
The penalties can be enhanced if certain factors are present, such as if you have a prior criminal record or were carrying a firearm while trafficking the drugs.
You can be charged at the state and federal levels
Although you can face state and federal drug charges, usually one jurisdiction will allow the other to take over. If the federal government wants to get involved and pursue federal charges, the state prosecutors might drop the state charges.
However, if you are found not guilty at one level, you can still be prosecuted at the other level. Double jeopardy does not apply between state and federal charges.
When you are charged with a drug crime, you need to put on a strong defense, no matter if the charges are state or federal. The consequences of a drug conviction often last a lifetime.
Even after you have served your time, paid off your fines and completed probation and any other requirements, such as drug counseling, your life will be impacted. A drug conviction on your record makes it difficult or impossible to find lucrative employment or pursue educational opportunities.
Additionally, your professional and personal reputation may suffer. Relationships with family, friends or your children could break down or become strained.
Talk with a criminal defense attorney as soon as you can after being charged. There are many potential defenses to state or federal drug charges that you can potentially use to begin building a defense.