What Can Make a Texas Drug Crime a Federal Offense?

Both Texas and federal law prohibit the possession, use or distribution of controlled substances. Most drug crimes can be prosecuted in state court, but there can be aspects of the underlying activity that cause federal authorities to undertake investigations and prosecutions for violation of federal statutes. Federal offenses often carry longer prison sentences and higher fines than state crimes.

When a drug crime involves any of the following factors, federal jurisdiction can be exercised:

• Drug conspiracy (21 U.S.C. Sections 846 & 963) — A drug conspiracy charge arises when two or more individuals agree to commit a drug-related crime, such as manufacturing, distributing or possessing with intent to distribute controlled substances. The government does not have to prove the actual completion of the crime: only that there was an agreement and that there was at least one overt act toward the criminal goal. Section 846 covers domestic drug offenses, while Section 963 addresses federal drug laws involving import or export.

• Interstate or international activity (21 U.S.C. 841) — A drug offense becomes federal when it involves the movement of controlled substances across state lines or into/out of the U.S. Section 841 prohibits manufacturing, distributing or possessing with intent to distribute narcotics or other controlled substances in a manner affecting interstate or foreign commerce, such as drugs crossing state borders, traveling by U.S. mail or being trafficked internationally.

• High-quantity drugs (21 U.S.C. 841(c)) — Federal authorities generally target offenses involving large amounts or sustained trafficking of drugs. Section 841(c) covers possessing precursor chemicals or equipment with intent to manufacture controlled substances. It also covers producing, distributing or exporting high volumes of drugs. 

• Involvement of dangerous weapons (18 U.S.C. 924(c)) — Carrying or using firearms during the commission of a drug trafficking crime leads to enhanced federal penalties. Even if the firearm is not discharged, the mere presence or possession of a weapon during a drug crime can trigger additional mandatory minimum sentences on top of any punishment for the underlying offense.

• Protected location offenses — Federal law also strictly prohibits drug activity in or near certain protected locations, such as schools, playgrounds, public housing or within 1,000 feet of such places. Offenses occurring in these zones carry heightened penalties, intended to deter drug crimes in areas frequented by children or other vulnerable populations.

The federal Controlled Substances Act classifies drugs in five categories, known as schedules, based on their potential for abuse, accepted medical uses and safety. They are as follows:

• Schedule I — High potential for abuse, no accepted medical use (e.g., heroin, LSD, ecstasy). First-offense penalty: up to 20 years federal prison; up to life if death or serious injury results.
• Schedule II — High potential for abuse, some accepted medical uses (e.g., methamphetamine, oxycodone, cocaine). First-offense penalty: up to 20 years; higher for larger quantities.
• Schedule III — Moderate potential for abuse; accepted medical use (e.g., anabolic steroids, ketamine, products with less than 90 mg codeine per dose). First-offense penalty: up to 10 years.
• Schedule IV — Low potential for abuse; accepted medical use (e.g., Xanax, Valium, Ativan). First-offense penalty: up to five years.
• Schedule V — Lowest potential for abuse; widely accepted medical uses (e.g., cough preparations with less than 200 mg codeine per 100 ml). First-offense penalty: up to one year.

If you have been arrested or are under investigation for any drug-related crime, you need an experienced criminal defense attorney with a track record of handling federal cases. 

The Law Firm of Richard L. Ellison, P.C. in Kerrville represents clients in drug crime cases throughout the Texas Hill Country. Call us at 830-955-8168 or contact us online for an appointment.