What to know if you’re charged under Federal Drug Law in Southwest Missouri

Unlike films and television shows, federal drug law and sentencing can be complicated. For example, not all defendants face extreme punishments or decades in prison for their charges. Depending on the nature of their case, a low-level offender may avoid a mandatory minimum sentence altogether. 

If you’re wondering, “What are low-level drug offenders?” the simplest answer is someone who has committed a minor, non-violent offense, such as possessing a small amount of a controlled substance that has minimal risk of abuse and commonly accepted medical uses. Unfortunately, figuring out if a given case qualifies as “low-level” isn’t as straightforward, even when broader federal laws are involved. 

What are Federal Drug Law Classifications?

The Controlled Substances Act of 1970 ​​classifies drugs and other substances into five categories (or “schedules”) based on their potential for abuse and medical use:

Classification	Definition	Example(s)
Schedule I	Drugs or chemicals with no currently accepted medical use and a high potential for abuse.	heroin  LSD ecstasy
Schedule II	Drugs or chemicals with a high potential for abuse, including severe psychological and physical dependence. Some, however, have accepted medical uses.	cocaine fentanyl Adderall
Schedule III	Drugs with a moderate to low potential for abuse or physical and psychological dependence, and accepted medical uses.	ketamine  anabolic steroids testosterone
Schedule IV	Drugs with a low potential for abuse or physical and psychological dependence, and commonly accepted medical uses.	Xanax Ambien Valium
Schedule V	Drugs with an even lower potential for abuse or physical and psychological dependence than Schedule IV substances. ​​Generally used for antidiarrheal, antitussive, and analgesic purposes.	Lomotil  Motofen  Lyrica

You can reference the U.S. Drug Enforcement Agency’s (DEA) list of controlled substances for more information. 

What Are Examples of Drug Crimes?

Unfortunately, America’s current drug laws are too complex to be reduced into a single list of drug charges and sentences. While some drug charges, like simple possession or manufacturing/intent to distribute, are more commonly seen than others, sentencing for drug crimes can vary widely based on the type and quantity of substance involved. Moreover, some substances trigger a mandatory minimum sentence required by the law itself rather than being prescribed by a judge in a courtroom. 

Current federal drug sentencing guidelines go into detail on these different mandatory sentences: 

Substance	Minimum of 5 Years in Prison	Minimum of 10 Years in Prison
Heroin	100 grams	1 kilogram
Cocaine	500 grams	5 kilograms
Methamphetamine	5 grams (pure); 50 grams (mixed)	50 grams (pure); 500 grams (mixed)
Fentanyl	40 grams (pure); 10 grams (substitute)	400 grams (pure); 100 grams (substitute)
Marijuana	100 kilograms	1 metric ton (1,000 kilograms)

 

These sentences can increase, however, if the defendant has a prior history of qualifying conviction(s) or if the case at hand resulted in a death or serious bodily injury. In those instances, sentences can range from 10 years to life imprisonment. 

Normal Mandatory Minimum	Qualifying Prior Conviction	Death or Serious Injury	Both
5 Years	10 years	20 years	Life Imprisonment
10 Years	One Conviction: 15 years  Multiple Convictions: 25 years	20 years	Life Imprisonment

2018 First Step Act and 2023 Sentencing Guideline Updates

The 2018 First Step Act addressed different issues in America’s criminal justice system to try and reduce repeat offenses, improve prison conditions, and promote rehabilitation over punishment. The act included several revisions to existing drug laws, such as reducing the penalty for a third-time drug offender (aka the “three-strikes” rule) from life imprisonment to 25 years. 

However, one of the more notable changes was an expansion of the “safety valve” law that allowed courts to bypass normal mandatory minimum sentences in certain, non-violent cases where the defendant had little to no prior criminal history. In April 2023, the U.S. Sentencing Commission (USSC) adopted amendments to its sentencing guidelines that conform with these expansions.

Why You Should Contact an Experienced Attorney

As you may have gathered from the legislative changes highlighted above, mandatory minimum sentencing for a first-time drug offense can depend heavily on the specific nature and factors of each case. This is the biggest reason why it’s so important for anyone facing drug-related charges, especially low-level ones, to reach out to an attorney well-versed in drug laws. Lawyers with substantial drug law experience have the best chance of customizing a legal defense to the specifics of each case and seeking the best outcome possible. 

Frequently Asked Questions

1. What are low-level drug offenses?
   Minor, non-violent charges involving small quantities of controlled substances with common medical uses and minimal risks of abuse, such as Schedule IV or V drugs.
2. What are drug offenses typically classified as?
   This depends on the nature of the offense, the type and quantity of substance involved, and the criminal history of the defendant.
3. What is the most common drug offense?
   The most common drug charges seen today are for drug possession and drug manufacturing/distribution.
4. What percentage of incarceration is drug-related?
   According to Table 13 in the USSC Sourcebook, 1/3rd of all federal prison sentences in fiscal year 2022 were for drug-related charges.