Drug Offenses

drugoffThere are three main categories of drug offense in the United States: marijuana, dangerous drugs (particularly methamphetamine), and narcotic drugs (including cocaine and heroin, among others). Each of these categories are treated differently in federal and state courts.

Marijuana is the least serious of the categories. Possession of small amounts, or even sales of small amounts, rarely results in jail time. Only major traffickers of marijuana receive jail time, even in federal court, unless tied to cartels or gangs. If a violator is arrested in a small population area the chances of receiving a serious punishment is somewhat increased. In Los Angeles it would take many kilos of marijuana to receive a substantial punishment.

Trafficking in methamphetamine is treated quite seriously these days, as the drug is devastating to mental and physical health. Unless the defendant is involved in major trafficking, it is often quite possible to mitigate punishment by showing that the individual is addicted to meth, and a rehabilitation program is often utilized instead of jail punishment.

When the drug offense involves possession rather then sales, another defense available is the legality of the search that led to the seizure of the drugs. Although the courts nowadays have many conservative judges who are averse to granting such motions, it is still possible to find legal issues that could result in suppression of the evidence seized and the case dismissed. That’s where great lawyering comes in!






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