The differences between state and federal drug charges can be confusing. When do federal laws apply and when do state laws apply?
In this blog post, we will take a look at some of the differences between state and federal drug cases.
Who are the prosecutors?
Drug charges fall can fall under both state and federal laws. Most drug cases are brought by state prosecutors in state courts and follow state law, but federal prosecutors bring many drug cases to trial in a federal court, where they follow federal law.
If you were to compare Indiana drug laws with federal drug laws, you would see some differences in the details — including the potential penalties. However, when you look at state and federal drug cases, the biggest differences tend to involve the type of crimes alleged.
What are the allegations?
State prosecutors are interested in bringing all kinds of drug charges to trial — including simple possession cases. Federal prosecutors can also prosecute possession cases, but they are most interested in cases that cross state lines, and therefore they tend to bring charges of drug trafficking.
In drug laws, the term “trafficking” means selling or distributing. Trafficking illegal drugs is prohibited under both state and federal law, but if the prosecution has evidence suggesting the defendant was trafficking across state lines, the case typically falls under federal law.
In some cases, prosecutors have strong evidence that a defendant was actively selling drugs. For example, they may have conducted a sting operation in which the defendant appeared to try to sell drugs to an undercover officer. But in other cases, prosecutors bring trafficking charges because the defendant was found with more than a small amount of drugs and a large amount of cash.
How serious are the charges?
Generally speaking, whether it’s a state or a federal case, the seriousness of the charges depends on the type of drug involved and the amount of the drug involved.
Both state and federal laws classify drugs in categories known as schedules. Schedule I drugs are considered to have no medical value and a high potential for harm and abuse. Schedule II is considered to have some medical use, but also a high risk of harm and abuse. Schedules with higher numbers are considered to have more medical usefulness and lower risks of abuse.
Compared to the other schedules, crimes involving Schedule I drugs carry more severe penalties, including longer jail sentences and higher fines.
The amount of the drug involved can affect the case in multiple ways. In some cases, prosecutors do not have hard evidence that the defendant was actively selling the drug, but if the defendant had large amounts of cash and more than a small amount of the drug in their possession, the law assumes that the defendant was trafficking in drugs. This means that, rather than charging the defendant with possession, they can charge the person with trafficking, which carries higher penalties.
The penalties for trafficking further increase depending upon the amount of the drugs in question.
