DRUG CRIMES

Drug violations are criminalized in both federal and state criminal justice codes, which typically list controlled substances that may not be used except under a doctor's care.

When a person uses one of these substances in violation of the permitted uses, he or she has committed a crime.

Drug crimes are normally punished according to the type of drug and amount with which you are caught. Federal sentencing guidelines begin with forty-three base offense levels and add or subtract a few levels depending on certain specified criteria. The higher the offense level, the harsher the sentence.

The base offense level under the federal guidelines differs for different drugs and for different amounts of the same drug. For instance, if the conviction is for the crime of manufacturing 300 kilograms of heroin, the base offense level is forty-two. However if the conviction is for manufacturing 300 kilograms of cocaine, the base offense level is thirty-eight.

Crack is a form of cocaine and listed on the same schedule of controlled substances. However, the quantities of crack needed to impose a certain sentence are much less than the quantity of powdered cocaine. A person convicted of the crime of delivering 5 grams of crack will receive a sentence in the federal system of five to forty years. To receive that same sentence, a person would have to be convicted of delivering 500 grams of powdered cocaine.

It is important to note that although the city has decided to make responsible marijuana use and possession of small quantities a low-priority, police can, and often will, arrest you and charge you with a crime.

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