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DEA Drug Diversion and Drug Trafficking
Contents
Drug Diversion and Trafficking Laws
Controlled Substances Act
The main federal law regulating controlled substances like illicit drugs is the Controlled Substances Act (CSA). The CSA categorizes drugs into schedules based on their potential for abuse and accepted medical use. It prohibits the manufacture, distribution, dispensing, and possession of scheduled drugs, except in limited circumstances. Penalties under the CSA depend on the schedule of the drug, amount involved, and prior offenses.
Drug Schedules
| Schedule I | High potential for abuse, no accepted medical use |
| Schedule II | High potential for abuse, some accepted medical use |
| Schedule III | Potential for abuse, accepted medical use |
| Schedule IV | Low potential for abuse, accepted medical use |
| Schedule V | Lowest potential for abuse, accepted medical use |
Penalties
Penalties under the CSA can include:
– Civil fines
– Criminal fines
– Imprisonment
– Forfeiture of property
Penalties are higher for schedule I and II drugs. Prior drug convictions can also increase sentences.
Drug Diversion
Drug diversion refers to the transfer of legally prescribed controlled substances to illegal uses. Examples include:
– Sharing or selling prescription drugs
– Forging prescriptions
– Doctor shopping to obtain multiple prescriptions
– Theft from pharmacies or medical facilities
Drug diversion may violate federal and state laws regulating controlled substances. Charges can include prescription forgery, fraud, drug possession and trafficking.
Drug Trafficking
Drug trafficking refers to the illegal distribution, transportation, and sale of controlled substances. Trafficking applies to schedule I and II drugs like heroin, cocaine, methamphetamine and prescription opioids.
Under 21 USC 841, it is unlawful to manufacture, distribute, or dispense a controlled substance. Penalties increase based on the type and quantity of the drug. For instance, trafficking over 500g of cocaine carries a 10 year to life sentence. Other charges may include:
– Possession with intent to distribute
– Distribution/manufacturing in a school zone
– Drug importation
– Drug paraphernalia offenses
State laws also prohibit drug trafficking and often mirror federal penalties.
Hiring a Defense Lawyer
Drug charges can carry severe penalties, so building an effective legal defense is critical. An experienced drug crimes lawyer can:
– Evaluate the strength of the prosecution’s case
– Identify improper police conduct or procedural errors
– Negotiate with prosecutors for reduced charges or alternate sentencing
– Develop defense strategies to contest criminal intent or possession
– Advocate for diversion programs or addiction treatment
With an in-depth understanding of drug statutes and criminal law, a lawyer can craft the strongest defense to achieve the most favorable outcome given the circumstances. Consulting with a lawyer early on is important to protect one’s legal rights.
Conclusion
Drug diversion and trafficking are serious federal offenses with potentially lengthy prison terms. Anyone facing such charges should exercise their constitutional rights and obtain expert legal counsel to mitigate penalties. A skilled drug crimes attorney can often negotiate reduced charges or sentences, diversion programs, or other alternatives to incarceration.