Both federal law and state law criminalize possession, use, manufacturing, and delivery of drugs. If you could potentially be charged under both systems, what’s the difference? Is one worse than the other? Can you be charged under both?
Federal drug crimes are often worse when it comes to the conduct being punished and the penalties being handed down. Additionally, the federal government usually allows state prosecutions when drugs are just being possessed locally, while the federal government is usually more interested in taking over for multistate or international drug rings. So, as a general rule, if the drugs cross state lines, you will face federal charges, while local possession may lead to state charges only – though it is possible to face both.
For help with drug possession charges, call Overson & Bugden’s Taylorsville, UT drug crime defense lawyers today at (801) 758-2287.
When Are State vs. Federal Drug Crimes Charged?
State and federal drug crimes broadly overlap, so both crimes can be charged in nearly any situation. However, the federal government usually lets state charges take over in smaller offenses and when the drugs did not cross state lines.
Traditional Factors
Under our system of federalism in the United States, the power to govern nationwide and interstate issues is given to the U.S. federal government, while states retain power over local issues. States have what is known as “general police powers” and are usually responsible for investigating and punishing crimes.
The broad exception is when crimes cross state lines. This traditionally gives the U.S. government a hook to investigate and punish interstate crimes, while leaving crimes within a state to the state government.
Current Divide
Over the years, the federal government has written laws giving it more power to punish drug crimes, even if state lines were not crossed. This was part of the “war on drugs.”
As such, the federal government can technically bring charges for all kinds of crimes that take place within a state, such as possession of a small amount of marijuana. Practically speaking, they don’t do this very often.
Factors
Instead of sticking strictly to the intrastate vs. interstate lines or just handing everything over to the federal government, most drug crimes will be charged as state offenses. They only typically get picked up by federal law enforcement if they meet some of these criteria:
- The case involves an interstate or international drug ring, cartel, or narcoterrorism organization.
- The case involves huge amounts of drugs being moved within a state.
- The case involves fentanyl, which typically has its origin outside of the U.S.
- The case involves sophisticated criminal activity that piques the interest of the DEA or FBI.
- State or local law enforcement requests federal assistance.
Are Federal Drug Crimes “Worse” than State Drug Crimes?
Federal charges are often aimed at stopping the worst of the worst drug offenses, such as international drug rings. However, the actual crimes overlap almost 1 to 1, with federal charges on the books for basically the same offenses as state charges. However, the penalties are sometimes worse for federal charges.
Longer Sentencing
For one example, look at a first-time offense for simple possession of a Schedule I drug:
- Under the federal sentencing guidelines, this could result in 0-6 months in a federal prison with a possibility of one year of probation.
- Under the Utah sentencing guidelines, this could result in 0-4 months with a presumption of potentially shorter probation.
Similar Crime Levels
Another way to gauge whether a crime is “worse” or not is if it is a higher level of offense.
- Crimes punishable by over a year in prison are traditionally known as “felonies.”
- Crimes punishable by under a year in prison are traditionally known as “misdemeanors.”
- Utah also has “infractions” for very low-level offenses, similar to traffic tickets in seriousness.
A crime like simple possession of a Schedule I drug is a misdemeanor in both the Utah and federal systems, so this crime is not “worse” as a federal charge. However, some charges may be felonies for the same conduct that would be a misdemeanor in Utah.
FAQs for State vs. Federal Drug Offenses in Utah
Can I Face State and Federal Drug Charges at the Same Time?
Yes. Utah and the U.S. Government each have separate powers to punish drug crimes. This means they could decide they each want to charge you.
When this happens, states often let the federal charges go first and may end up dropping their charges if they already see you will be spending time in federal prison. However, they can still bring their charges.
Doesn’t that Violate Double Jeopardy?
The Double Jeopardy Clause of the 5th Amendment of the U.S. Constitution prevents people from being charged twice for the same conduct. However, courts have long held that charges by different governments (here, a state government and the federal government) are not the “same offense,” and so you can be charged by both Utah and the U.S. Government.
This “separate sovereigns” or “dual-sovereignty” doctrine was upheld by the Supreme Court as recently as 2019 in a landmark case called Gamble v. U.S.
Do I Need a Different Lawyer for Each Case?
Our Utah drug crime defense lawyers handle both state and federal drug charges, so you do not need a different lawyer for each case if you work with us.
Do State Charges Count as Prior Offenses for Federal Charges (and Vice Versa)?
Sentencing determinations and statutory maximums and minimums often look at how many prior offenses someone has. Generally, state and federal prior offenses both count as “priors” for sentencing. The same is true for state charges.
State courts can also look at charges from another state as “priors,” but they might look at what that charge would have been in Utah rather than looking at how the conduct was actually charged in the other state. Expunged charges typically do not count, and Utah sentencing guidelines ignore juvenile offenses from more than 10 years ago.
Call Our Utah Drug Crime Defense Lawyers Today
For your free case review, call Overson & Bugden’s Provo, UT drug crime defense lawyers at (801) 758-2287.
