The tension between state and federal law can sometimes be cause for confusion, especially when considering the high stakes scenario of drug-related charges. The difference between state and federal prosecution can mean the difference between a few years in prison and your entire life behind bars. This is mostly because of a Congressional decision (made in the mid-1980s) to impose what are known as mandatory minimum sentences on all drug crimes. Under these sentencing guidelines, a judge has no choice but to sentence a person possessing 5 kilograms of cocaine to a minimum of 10 years in prison and a maximum of life. So even if the judge expresses discontent with the imposed procedure, she must comply with the sentencing guidelines.
Relativity
However, if charges are brought by a state or local prosecutor, the story may be entirely different depending on the prevailing statutes. In North Carolina, for instance, the same charge would result in a maximum of 18 years – that’s still quite a long time, but it’s a significantly lower sentence than life in prison. In this regard, the question of state vs. federal law becomes far more pressing when dealing with drug-related charges. So when do drug charges fall into the federal category and when do they fall under state jurisdiction?
Prison Populations
To begin with, it’s important to note that inmates with drug-related charges make up a significant portion of the federal prison system (nearly half), but account for only a small fraction of state and local prisons. That being said, state and local prisons account for most of the incarcerated population, containing over 1.9 million of the 2.3 million US prison inmates. Looking at the raw numbers, provided by the Prison Policy initiative, state prisons house 208,000 people locked up for drug offenses, while federal prisons contain 97,000 inmates with drug-related charges.
Jurisdiction
Even though federal prisons comprise mainly drug offending “criminals,” every drug crime is punishable at both the state and federal level. It is in fact possible for drug charges to be brought by both federal and state prosecutors on separate occasions. And this can be done without triggering double jeopardy. As explained on JoffeFederalDefense.com, there are particular circumstances where federal authorities will pursue drug-related prosecutions.
Location
If you are traveling between states while in possession of large quantities of illicit drugs, you may find yourself in a federal court room. The same goes in situations where you are carrying federally proscribed drugs in a federally zoned area. So, for instance, if you’re in a national park or on a military base when caught with the drugs, drug charges may be brought by a federal prosecutor, in which case you would be subject to the harsh penalties of the federal mandatory sentencing guidelines.
Decision
You could also be brought into a federal court, if you are arrested by a federal officer (DEA, FBI etc.) or if the informant behind your arrest is working for a federal authority. Additionally, there may be cases where state and federal authorities work out a deal amongst themselves. For instance, the state government might willingly decide to hand over your case to US officials. There could be a number of reasons for this. One such reason might be that federal officials have a vested interest in your case because they believe you are connected to a “bigger fish.”
The Importance of Defense Attorneys
It’s important to know that defense attorneys have some agency in determining jurisdiction. As highlighted by the American Bar Association, defense lawyers can informally persuade US prosecutors to drop the federal charges and replace them with state-based charges. This can sometimes work, though it depends, in large part, on the executive branch, which currently, under Trump and Sessions, is less likely to reduce prosecution of non-violent drug crimes.
Nonetheless, it’s important not to give up hope and to work with an attorney who understands the formal and informal system of criminal prosecution. With the right help, you may be able to avoid the worst possible scenario.
