Federal Drug Crimes Defense in Kentucky

The Comprehensive Drug Abuse Prevention and Control Act of 1970, also known as the Controlled Substances Act, classifies narcotics, marijuana, and other drugs into five categories, or Schedules. Besides establishing requirements relating to the manufacture and distribution of drugs, the law also defines penalties for violations of the Act. Depending on the nature and quantity of the substance involved, as well as the presence of sentence-enhancing factors, the criminal penalties can be severe. Call (502) 237-0871 today to schedule an appointment with William M. Butler, Jr., and to start your federal drug crimes defense today. William Butler can advise you on the law, your rights, and how to proceed. 

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Offenses at the Federal Level

Federal drug offenses differ from those at the state level, even though the conduct in question might be the same. In defining crimes, Congress’ authority comes from its Constitutionally-granted powers over the areas of commerce, taxation, and the postal service.

Some of the drug crimes under the Controlled Substances Act include:

• Drug trafficking: manufacturing, distributing or possessing with the intent to distribute illicit drugs
• Manufacturing: operating places for the purposes of manufacturing, distributing or using illicit drugs, or endangering human life while so doing
• Continuing criminal enterprise crimes: trafficking in illicit drugs by a person in concert with five or more other persons
• Conspiracy: involves attempts and the promoting and facilitating of manufacture, distribution or importation of illicit drugs
• Protected location offenses: distributing illicit drugs to persons under age 21 or within a school or playground zone; employing persons under age 18 in drug operations
• Simple possession: possessing controlled substances without a valid prescription from a licensed medical practitioner (unlike trafficking, simple possession does not involve intent to distribute the drugs)

Other drug offenses under the Act include investing illicit drug profits in businesses affecting interstate commerce and unauthorized importation of controlled substances. The Drug Enforcement Administration (DEA) enforces the federal controlled substances laws and regulations.

In addition, drug crimes at the federal level may include violations of tax law, such as tax evasion, or engaging in activities prohibited by the Racketeer Influenced and Corrupt Organizations Act (RICO).

Federal Sentencing Guidelines

Federal drug laws specify minimum and maximum terms of imprisonment, based on the type and quantity of drug involved. Likewise, under the Federal Sentencing Guidelines, these factors are taken into account, along with:

• Whether the offense involved injury to another person
• Whether a weapon was possessed or used
• The defendant’s criminal history

While judges have the discretion to depart from sentencing guidelines, they must still stay within the mandatory minimum and maximum terms specified by statute. Where the offense occurs in a school or other protected zone, penalties may be enhanced.