The relationship between drugs and crime is as old as it is complicated. And it’s no secret that drug charges are the most common federal crimes prosecuted. In fiscal year 2022 alone drug charges accounted for over one-third of all reported federal cases, with almost half (48.5%) of them involving methamphetamines. So what makes a drug charge go federal?
In truth, most of the time a federal prosecutor wants a case, the state will hand it over due to a lack of resources.
However, there are several other factors that can also prompt prosecutors to charge someone at the federal level.
When Do Feds Get Involved in Drug Cases?
Federal drug laws are primarily regulated by two things: Title 21, Chapter 13 of the United States Code (USC) and the Controlled Substances Act of 1971. Between the two of them, there are several types of drug charges prosecutors can use.
But to understand why a drug case can get federal drug charges added to it, look no further than the following list.
Geography
If a drug crime crosses state lines, it makes federal prosecution much more likely. Again, each state has its own set of drug laws, so when a crime occurs in more than one of them, it’s simpler to use a unified set of federal laws instead of multiple state versions.
Additionally, if the crime occurred on federal property (e.g., in a national park or on a military base) the only set of laws that apply are federal ones.
Type of Crime
Most of the time, federal cases focus on the trafficking and manufacturing of controlled substances, especially when they’re part of a large-scale conspiracy or ongoing enterprise. Granted, if someone is arrested in possession of a drug, federal charges can be made. But more times than not, federal agencies will leave simple possession cases up to the states.
Type of Drug
Under the Controlled Substances Act, there are five tiers or “Schedules” of drug classification based on potential for abuse, legitimate medical application, etc. Schedule I substances (e.g., heroin) are the most addictive, while Schedule V substances often have common medical uses with little to no risk of abuse. As such, drug cases involving higher-schedule substances are more likely to face federal charges with more severe punishments.
Drug Quantity
Of course, a controlled substance is still a controlled substance, and if you’re arrested with a large enough quantity, you can still face federal charges.
For example, even though marijuana has been legalized in several areas, if someone is arrested with 100 or more kilograms of it, they can still face federal charges with a mandatory minimum sentence of 5 years in prison.
Federal Involvement
Most times, if a federal agent makes the arrest, a US Attorney will prosecute the case. However, this isn’t to say those arrested by local or state police can only be prosecuted at the state level.
For example, if someone was under federal investigation but not charged, and federal agencies coordinated their efforts leading up to the arrest with state police, the case that followed would probably be a federal one regardless of who put the cuffs on.
Additionally, if the crime involved the use of a federal service (e.g., the post office), it usually results in federal charges being brought against the defendant.
Informants
It’s also possible for someone to face federal charges if they’re informed on by someone else facing federal charges. Implicating someone in a federal case makes it extremely easy for federal prosecutors to apply the same federal charges to the new defendant.
Contact an Experienced Attorney
If you’re facing federal drug charges or have questions about federal drug laws, don’t hesitate to seek the assistance of an experienced criminal defense attorney. With over 50 years of combined experience and a specialization in federal cases, we can help you. Schedule your free consultation now, or call our firm to schedule an appointment.
Frequently Asked Questions
Are most federal cases drug-related?
No, but drug charges are the single largest type of federal cases reported. In fiscal year 2022 they accounted for just over one-third of all federal cases.
Why would a drug charge go federal?
There are several possible reasons, but most center around either the jurisdiction of the case (e.g., the defendant crossed state lines, the crime occurred on federal land, etc.) or the severity of the crime (e.g., manufacturing or trafficking Schedule I substances in large quantities).
What happens when the feds pick up a state case?
The punishments get longer and more severe. Depending on the case, mandatory minimum prison sentencing can range from 5 years to life imprisonment.