In a country, where drugs (and drug-users) have been criminalized to such an extraordinary extent, it is a good idea to familiarize yourself with the prevailing order. In what follows, we will take a tour of some of the fundamental aspects of mandatory minimum sentencing in this country, focusing primarily on the federal statutes related to illicit drugs.
Mandatory Minimum Statutes
According to a 2011 report to Congress, the most common mandatory minimum sentences are provided by 21 U.S.C. §§ 841 and 960. Section 960 provides the basis for criminal prosecution of drug sales, whether the drugs are imported or exported. Similarly, Section 841 criminalizes the intent to “manufacture, distribute, or dispense” illegal drugs. Intent is determined by the amount of drugs a person possesses. Drugs in this case are classified as controlled substances and controlled substances are defined by the Controlled Substances Act, codified as 21 U.S. Code § 812.
Introduction to the Federal Schedule System
Under section 812, drugs are categorized according to a five-schedule system. Each schedule has its own criteria. Marijuana, for instance, is considered to have a “high potential for abuse”; to have no medical purpose (at the federal level); and to have no guidelines for safe use. Thus, it is defined as a Schedule I Substance. Schedule II drugs share Schedule I’s first criterion (“high potential for abuse”) but have two additional conditions: that the drug is utilized in a medical setting and that abuse of the drug could lead to dependence. To read more about each schedule’s particular criteria, visit the DEA website.
Examples of Sentences
Sections 960 and 841 have the same punitive guidelines, which are determined in part by the weight and type of substance. For instance, if you have over 1,000 kg of pot and you have another drug felony on your record, you will most likely face a minimum of 20 years in prison. Having two drug-related felonies on your record results in a mandatory minimum of life-imprisonment.
It should be noted that crack-cocaine and powder cocaine have wildly different triggers for mandatory sentencing. Whereas the possession of 5 kg of powder cocaine triggers harsh sentencing structures, a person must only have .28 kg of crack-cocaine to initiate that same punitive schema. Thus, there is an 18-to-1 disparity between the two substances, despite scientific evidence showing hardly any differences between the drugs.
The primary difference? Crack-cocaine is often associated with African Americans. There is much evidence to show a relationship between racial animus and mandatory minimums. For a comprehensive list of relevant penalties, read over this document provided by Families Against Mandatory Minimums.
Some Exceptions Apply
There are however situations where mandatory minimums might be avoided, as provided by federal statute, 18 U.S.C. § 3553(f). According to this statute, a defendant may be sentenced under different guidelines if certain criteria are met. If the defendant doesn’t have a lengthy criminal background, as determined by a particular method of calculation; if he or she was not in possession of a firearm; if no one was hurt during the infraction; if he or she was not “in charge” of a criminal operation; and if he or she fully disclosed all relevant information and evidence to the government; then the defendant may dodge a mandatory minimum sentence.
The Import of State Law
Of course, much of what has been outlined above may be overridden by laws in your state. Obviously, under certain strictures, people can distribute marijuana in, say, Oregon, without the threat of mandatory minimums. Portner & Shure, PA, provides a detailed account of the state-of-play in Maryland, where marijuana has been decriminalized. Thus, in that state, if you have less than 10 grams of pot on your person, you will be fined $100 for the first offense, $250 for the second and $500 for the third. This is because, in Maryland, possession of small amounts of weed amounts to a civil offense.
That being said, even if you live in a state (or city) where marijuana is decriminalized, the presiding government may still enforce mandatory minimums in cases where there is an intent to distribute controlled substances or there may be other state laws criminalizing the illegal procurement or possession of certain drugs. Whatever the case, it’s imperative to seek out legal assistance if you find yourself being accused of a drug-related offense. There’s no reason to attempt to represent yourself in what is surely a trying time.
