Drugs or Narcotics are related to crime through the effects they have on the user's behavior and by generating violence and other illegal activity. Most directly, it is a crime to possess drugs classified as having a potential for abuse (such as cocaine, heroin, marijuana, and amphetamines). The most common drug offenses include: Cultivation, Distribution, Manufacturing, Possession, Possession for Sale, Prescription Fraud and Trafficking.
But part of Mr. White's zeal when defending narcotics cases is his belief that "drugs" are a health problem rather than a criminal justice issue. He believes that the Government's "drug war" is misguided and that it is responsible for most of the violent street crime we see today. The "war" costs billions and is a proven failure.
NARCOTICS / DRUG OFFENSES:
Each state and the federal government has laws against the unlawful use, manufacture and distribution of drugs. The purpose of these laws is to reduce the unlawful consumption of dangerous drugs, reduce drug-related crimes and severely punish repeat offenders and major drug dealers.
Drug Schedules
Federal drug statutes establish schedules of controlled substances, defining and classifying illegal drugs. The Attorney General has the authority to delete, add, or re-schedule substances according to certain criteria. State schedules refer to, or are based upon, federal schedules. Drugs included on these schedules are referred to as "Controlled Dangerous Substances" (CDSs).
Punishment
The seriousness of and ultimate punishment for drug crimes generally depends upon:
- the quantity of the drug
- its classification under the schedules
- whether possessed for personal use or distribution.
Enhanced Punishment
Some states have enhanced penalties for drug crimes. These penalties go into effect if:
- minors are used to distribute the drugs or
- 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. Forfeiture of property is also used as an additional punishment to deter drug crimes. 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.
Driving While Intoxicated (DWI) is considered a serious crime in every state. Drinking alcohol or taking drugs may affect your ability to operate cars, boats or industrial equipment in a safe manner. It is against the law in every state to drive under the influence of alcohol or drugs if you cannot safely operate the vehicle. DWI and Driving Under the Influence (DUI) refer to the same crime in most jurisdictions.
Possession, n, 1) any article, object, asset or property which one owns, occupies, holds or has under control. 2) the act of owning, occupying, holding or having under control an article, object, asset or property. "Constructive possession" involves property which is not immediately held, but which one has the right to hold and the means to get (such as a key to a storeroom or safe deposit box). "Criminal possession" is the holding of property which it is illegal to possess such as controlled narcotics, stolen goods or liquor by a juvenile. The old adage "possession is nine-tenths of the law" is a rule of force and not of law, since ownership requires the right to possess as well as actual or constructive possession
