The Most Common Drug Charges

Drug offenses are among the most common criminal offenses in the world, having devastating implications for both individuals and society as a whole. These accusations cover a wide variety of unlawful drug-related actions, such as possession, trafficking, production, and distribution. Understanding the most prevalent drug charges is essential for both people attempting to avoid legal issues and society as a whole. In this article, we will discuss some of the most common drug offenses.

Possession of Drug Paraphernalia

Possession of drug paraphernalia is a frequently encountered drug charge, typically categorized as a misdemeanor. Drug paraphernalia encompasses various items utilized in the production, concealment, or consumption of controlled substances. Examples include bongs, one-hitters or dugouts, roach clips, spoons, pipes, rolling paper, lighters, needles, syringes, clear plastic baggies, scales, razor blades, vials, and pill bottles.

In certain cases, Possession of Drug Paraphernalia can escalate to a felony offense. The specific laws surrounding this charge may differ across states, but generally, possession of drug paraphernalia associated with the manufacturing of controlled substances, particularly methamphetamine, can result in a felony charge. This type of drug paraphernalia may involve acetone (found in nail polish remover and paint thinner), anhydrous ammonia (commonly present in fertilizer), ephedrine and pseudoephedrine (typically extracted from cold medicines like Sudafed), lithium, sodium hydroxide (commonly known as lye and found in drain cleaners such as Drano), phosphorous (found in matches and road flares), toluene (brake fluid is a common source), coffee filters, rubber hoses, and plastic bottles.

Possession of Marijuana

Possessing marijuana is the prevailing drug charge, typically categorized as a misdemeanor, with the allowable amount varying by state. In recent years, there has been a gradual decriminalization of marijuana, state by state. Even in jurisdictions where complete decriminalization has not been enacted, the penalty for possession often entails only a monetary fine. Nevertheless, despite the shifting legal landscape, possession of marijuana continues to be the most prevalent drug offense, potentially carrying substantial collateral consequences.

Illegal Manufacture of a controlled substance

The illegal manufacture of a controlled substance is an integral part of the process behind every illicitly purchased, possessed, or consumed dose. In certain instances, the manufacturing itself may be legal, despite the illegal distribution and consumption that follows, as often seen with pain pills and other prescription drugs. Similarly, certain states allow for the legal cultivation of marijuana, even if its illegal transportation and sale occur in other jurisdictions.

However, more often than not, the act of manufacturing is also deemed illegal. Typical cases involve the use of marijuana hydroponics within residential properties or the operation of illegal marijuana farms. Phencyclidine (PCP) or mushrooms are frequently grown locally in the United States as well. Additionally, the manufacturing of methamphetamine is widespread within the country, as the necessary ingredients and equipment can be easily obtained from common drugs, home improvement, hardware, and grocery stores.

Delivery of a controlled substance and possession with intent to distribute

It’s essentially two different legal avenues to establish the same offense. In essence, they both seek to prove the act of distributing a controlled substance. Alternatively, Possession with Intent to Distribute can be seen as an attempted delivery of a controlled substance.

Unlike other offenses, there is no specified minimum weight requirement for the drugs involved in this charge. Any amount can be considered sufficient, as long as the other elements of the crime can be substantiated. Consequently, individuals engaged in low-level drug dealing, who typically possess smaller quantities of drugs at any given time, often face this charge.

To secure a conviction for this offense, the government bears the burden of proving, beyond a reasonable doubt, that the person knowingly distributed, delivered, or possessed with the intent to distribute or deliver a controlled substance. It is important to note that a controlled substance refers to one listed on the federal schedule of controlled substances. These cases may involve controlled buys and confidential informants, which can be both dangerous and subject to controversy.

Drug trafficking

Among drug offenses, Drug Trafficking stands as the most severe charge. It encompasses the act of delivering a controlled substance (or possessing it with the intent to deliver a controlled substance) coupled with a minimum weight threshold for the drugs involved. Various states classify Drug Trafficking into distinct degrees, such as Drug Trafficking 1st Degree and Drug Trafficking 2nd Degree, which depend on the number of drugs in question.

The specific weight requirement varies depending on the type of drug. For instance, a substantial quantity of marijuana, typically exceeding 30 kilograms, is necessary to constitute Drug Trafficking. However, for substances like heroin, fentanyl, cocaine, and LSD, the threshold may be less than 100 grams, varying according to the specific state’s laws and regulations.

If you are facing any kind of drug-related issue or crime in Minnesota, you should contact Robert J. Shane, one of the best attorneys in that specific area. If you are looking for an experienced drug defense attorney in Minnesota or an aggravated assault attorney in Minnesota, call 612-339-1024.