Main Menu

Contact Information Module

Christopher M. Choate
440 Louisiana, Suite 1900
Houston, Texas 77002
USA
+1.832.971.9010
Fax: +1.713.481.8813
This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Make a Payment


Federal Drug Crimes--Generally PDF Print E-mail

Khat Federal drug crimes are among the most harshly punished crimes in the United States.  What's more, the Federal government is very interested in drug conspiracies, which are explained elsewhere.  Because even the smallest player in a Federal drug conspiracy is held legally responsible for the actions of the biggest player in the eyes of Federal courts, the amount of drugs for which a person be held responsible after conviction is very high.

The substantive component of 21 U.S.C. § 841 is this: it is a Federal crime for a person to knowingly or intentionally:

  1. manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance; or
  2. to create, distribute, or dispense, or possess with intent to distribute or dispense, a counterfeit substance.

The primary method of prosecuting individuals is the "possess with intent to distribute" method.  This means that there is a presumption that an individual possessing large amounts of a controlled substance is possessing that controlled substance with the intent to distribute it.  Notice, however, that this prohibition also applies to counterfeit controlled substances.  This allows the Federal government to prosecute individuals for possessing, say, corn starch, if the possessor believed the substance to actually be, say, cocaine.

The rest of the statute is quite long, and it is devoted to the punishments available under the statute.  Punishment is dictated by three things: the type of drug, the amount of the drug, and on what schedule the drug is found. Because the federal drug statute can be somewhat confusing, I have rearranged it, and the potential punishments for most federal drug crime can be found in table form elsewhere on this site.

Schedule I
Schedule II
Schedule III
Schedule IV
Schedule V

(Image of Khat provided by the DEA website.)

Last Updated ( Monday, 14 September 2009 10:38 )
 

Ad Quod Damnum

Ad Quod Damnum
C.M. Choate's thoughts about justice, law, society, and technology.
  • Innovation Breeds Contempt
    Except Viacom might have a little less contempt for you than it might originally be thought.  The General Counsel at Viacom (the entertainment behemoth responsible for Showtime, MTV, Comedy Central, BET, Paramount Pictures, and a slew of other holdings) recently addressed Yale law students, and he let them know that suing infringers felt like terrorism, [...]
  • Psystar
    It’s a been a fun ride, but it looks like Psystar’s quixotic efforts to let users install OS X on non-Apple hardware (or buy Apple clones) are pretty much over.  To refresh, Psystar (which is oddly reviled among the digerati, who are not known for their love of DRM and locked-down content) … … … You know [...]