Category Archives: Drug Crime
What is the Definition of Possession of Drugs?
Under federal law, “possessing” drugs is more than “having” or even “holding” drugs. Drug possession, as defined in 21 USC § 844. In federal court, drug possession is usually a misdemeanor, regardless of the amount of contraband. However, if the defendant possesses a significant amount, U.S. attorneys usually enhance charges to something like drug… Read More »
What is the Meaning of Drug Free-Zone?
A drug-free zone is a geographic area where additional penalties apply to drug crimes, like possession, distribution, and trafficking. Generally, the drug-free zone enhancement bumps up the penalties one level. For example, possession of a small amount of marijuana is usually a second-degree misdemeanor. Possession of a similar amount of this substance in a… Read More »
PIKing Through a Drug Possession Case
Here’s an interesting set of statistics, or at least interesting to us. Drug possession accounts for 85 percent of drug arrests, yet just over 25 percent of the nation’s jail and prison population. Why the large disparity? Why do so many cases result in so few prison sentences? The number of moving parts in… Read More »
The Bill of Rights and Drug Trafficking Cases
James Madison, the Founding Father who spearheaded passage of the Bill of Rights, initially opposed them. In fact he called the proposals “parchment barriers” that provided no individual protections. Madison wasn’t wrong. For many years, the Bill of Rights was little more than a statement of purpose. The Supreme Court didn’t introduce the exclusionary… Read More »
Resolving a Drug Possession Case in Florida
The Sunshine State isn’t very sunny when it comes to drug possession penalties. These penalties, which include mandatory minimums in some cases, are among the harshest in the country. Some of these laws are leftovers from the 1980s get-tough-on-drugs era which followed the overdose death of basketball phenom Len Bias. More recently, many states… Read More »
Procedural, Substantive, And Affirmative Defenses In Drug Possession Matters
According to many people today, including many Hillsborough County jurors, drug possession is a health and safety issue as opposed to a criminal law issue. However, law enforcement doesn’t feel the same way. About 80 percent of drug arrests are for simple possession. These arrests feed the beast. Drug possession cases keep police officers… Read More »
The Three Ps Of Drug Possession
In the late 1980s, mostly in response to the drug overdose death of college basketball standout Len Bias, lawmakers approved a slew of harsh anti-drug laws. Extremely aggressive enforcement of these laws continued until the late 2000s. At that time, lawmakers began rolling back some of the harsh laws. Moreover, former President Barack Obama… Read More »
Search And Seizure Issues In Prescription Drug Possession Cases In Court
If you thought the War on Drugs was over, think again. This campaign is still going strong. The number of arrests has risen steadily since the 1990s, and about 80 percent of them are for simple possession. Although police are very aggressive in making arrests, as outlined below, these charges often don’s hold up… Read More »
The Three Ps Of Drug Possession Charges In Florida
If you thought the War on Drugs was over, think again. True, the harsh mandatory minimum prison sentences which lawmakers approved in the 1980s are largely gone. But Florida peace officers still make tens of thousands of drug arrests every year. 80 percent of them are for simple possession. In most cases, it is… Read More »
Most Common Search Warrant Exceptions
A bedrock principle of American law is that police officers must have a search warrant, or probable cause, before they seize contraband of any kind. Usually, peace officers only obtain search warrants in large, multi-agency investigations, like probes of drug trafficking rings. In everyday cases, most prosecutors use the probable cause loophole. The Supreme… Read More »
