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Drugs

Drug Crimes

Each state and the federal government have laws against the unlawful use, manufacture, and distribution of drugs. The purpose of these laws is to reduce the unlawful consumption of drugs, reduce drug-related crimes, and severely punish repeat offenders and major drug dealers.

Drug Schedules

Federal drug statutes classify controlled substances according to “schedules.” The Attorney General has the authority to delete, add or reschedule substances. State schedules refer to or are based on federal schedules. Drugs included on these schedules are referred to as “Controlled Dangerous Substances” ("CDSs").

Punishment

Ultimate punishment for drug crimes generally depends on:

• The quantity of the drug.
• Its classification under the schedules.
• The purpose of its possession.

The most serious drug crimes are:

• Producing illegal drugs
• Manufacturing drugs
• Selling drugs

For example, a person “dealing” (selling) five or more ounces of heroin or cocaine can be jailed for more than 10 years.

Possession of drugs with the intent to distribute them is also a serious crime.

Prosecutors can prove your intent to distribute drugs just by showing the quantity of the drug, without any evidence that you actually distributed the drug.

In most states, possession of drugs for personal use is a serious crime. But in some states, possession of drugs for personal use is punished less severely than distribution crimes. For example, in some states, possession of a small amount of marijuana (less than 50 grams) is decriminalized or treated as a disorderly person’s offense. A person convicted of a disorderly person’s offense is generally not imprisoned, but may be placed on probation or ordered to pay a fine. However, possession of a larger quantity of marijuana or other drug, even if for personal use, is treated as a serious crime.

Enhanced Punishment

Some states have enhanced penalties for drug crimes. These penalties go into effect if:

• Minors are used to distribute the drugs
• The drugs are delivered or sold to minors; or
• The drugs are sold or distributed on school property.

Enhanced punishments vary from state to state. You may also be in danger of “forfeiting” your property if you’re convicted of a drug crime. For example, if your house is used to make and distribute drugs, the government may be able to seize your house.

Professional Drug Dealers

Special laws cover professional drug dealers. A “drug kingpin,” or a person organizing, financing, or managing a business to manufacture, transport or sell drugs, commits a serious crime.

Special sentences are reserved for professional drug dealers. The federal government has the death penalty for drug kingpins. Some states impose 25 years imprisonment without parole for professional drug dealers.

Related Web Links:
U.S. Bureau of Justice Statistics on Drug Crime
Office of National Drug Control Policy

When you are facing drug charges, you need to rely on the "power of your attorney,"

Anthony Lowenstein is the muscle behind criminal defense.

Being charged with a drug offense in the state of California is based on an extremely complicated system of "schedules." Basically this means that if you are convicted of a drug crime in the state of California, you may face anything from probation and a fine to life in prison. You need to seek the advice of an experienced and aggressive criminal attorney immediately. The Law Offices of Anthony Lowenstein can provide you with the knowledge and experience that is crucial when defending you against drug charges.

The Controlled Substance Act classifies narcotics into 5 different categories or "schedules," the most serious being "Schedule 1" offenses that include narcotics such as heroine, cocaine, methamphetamine, ecstasy, LSD and PCP. A conviction of a schedule 1 drug crime can carry up to 20 years in prison plus fines. If this is your third conviction, however, there is the possibility of life in prison.

Marijuana laws are not as severe as the above offenses and depend on the volume of the substance apprehended. With a large amount of marijuana, the penalties could amount to those of drug offenses with cocaine or heroine. For a detailed description of the code, please refer to www.usdoj.gov/dea/agency/penalties.html.

If this is your first offense and there is no violence, you may be eligible for alternative sentencing by the courts. The courts may impose a sentence comprised of counseling, rehabilitation, periodic drug testing, and probation. You must seek the advice of an experienced and knowledgeable California drug crimes attorney who knows the laws and can advise you in the most knowledgeable and powerful way. The Law Offices of Anthony Lowenstein is the muscle behind criminal defense.

Regardless of the severity of the drug charges, you must protect your constitutional rights. The Law Offices of Anthony Lowenstein is dedicated to upholding your rights. We employ an aggressive defense and can often reduce or dismiss the charges against you. Our sole priority is to achieve a resolution that you can live with, without significantly affecting your lifestyle.

Admitted to practice law in California and California, Mr. Lowenstein has represented clients on both coasts and understands the criminal justice system. He will make sure that all alternative sentencing options are presented to the judge. The Law Offices of Anthony Lowenstein may be able to present your case under special circumstances where steps for rehabilitation are determined, and if you complete each of the phases successfully, your case will be dismissed.

In California, Proposition 36 offers an alternative to incarceration for non-violent first time drug offenders. Instead of prison time, you will be placed on probation and sentenced to a drug rehabilitation facility for a year and follow-up care for an additional period of 6 months.