DRUGS AND LAW

ENFORCEMENT
Student’s Name
Course Name & No
Date of Presentation
 Introduction- Interview Setting
• Enacted in the 1980s, the federal guidelines for sentencing dug users and traffickers
have remained relevant up to date.
• Under the given laws, possession and distribution of drugs with a street value can
earn the accused a sentencing of 10 years.
• In my interview with Mr. James McKnight; I purposed to find out the approaches
used to sentence an individual.
• Mr. McKnight has served under the drug law enforcement jurisdiction for over eight
years.
• As such I believe he is experienced in all matters associated with drugs, distribution,
related incaceration and the Law.
• Our interview took place via Zoom, as a result of the COVID-19 safety precautions.
 What Is The Main Purpose Of Law
Enforcement?
• According to Mr. McKnight, drugs present visibly distinguishable threats
especially to a community’s security.
• A common example of this, is the street-level drug dealing violence
associated with different fractions that fight for control of the streets.
• With the most vulnerable group that is involved in drugs and gang-related
violence being the youths, there is a vital need to implement stern action.
• This action is meant to deter the violence from spilling over into the
general population and costing innocent victims of their future.
• Thus drug enforcement seeks to curb drug-related gang violence that if
left unchecked my spawn to next generation of organized crime.
 What Are The Goals Of Law Enforcement?
• When dealing with drugs; Mr. McKnight asserts that law
enforcement seeks to;
a. Control street crimes orchestrated by hooked drug users
b. Safeguard the integrity of criminal justice institutions
c. Curb or control gang violence associated with
trafficking
d. Deter the emergence of powerful organized criminal
entities’
e. Restore the quality of life experienced by urban
communities
f. Prevent or safeguard children from experimenting with
drugs
g. Improve the economic, social and physical well-being
of the drug users.
 Federal Drug Laws, Are They Still
Enforceable?
• With regards to the implementation of the Federal Drug laws, Mr. McKnight asserted
that federal judges under the general rule are required to impose a minimum term of
imprisonment.
• This was primarily considered when the case revolved around drug-related offenses or
controlled substances offenses.
• Case in point, under the Controlled Substances Act §844; illegal possession of controlled
substances may culminate in 1 year sentence (Martin et al., 2020).
• Alternatively, the accused can pay a fine of $1,000; or be compelled to both sentences.
• Second convictions were likely to culminate in a $2500 fine, or an incarceration of not
more than 2 years, or both (Martin et al., 2020).
• Subsequent convictions would attract a fine of $5,000 or maximum sentencing of 3
years; or both (Martin et al., 2020).
 Unique Federal Rulings In Possesion
Penalties
• Interestingly, Mr. McKnight asserted still that cases associated with special
sentencing provisions, would often culminate in a prison term of 3 years, or a
fine of $5,000; or both.
• This was common especially when the accused was convicted of possession
of drugs such as Rohypnol, “roofies” or “roaches”; all of which are classified
as Flunitrazepam.
• In the case of civil penalties, possession of controlled substances was bound
to attract penalties of up to $10,000; regardless of whether criminal
prosecution was implemented or not.
• There are selected cases where the convict could also be fined reasonable
costs associated with investigation and prosecution.
 Federal Schedule Classification Of Drugs
• In our conversation, Mr. McKnight was quit k to assert that most
trafficking charges are anchored on the Controlled Substances Act §841.
• Furthermore; each penalty for the conviction was based on the quantity
of controlled services included in the seizure.
• Additionally, the severity of punishment was associated with the Federal
schedule classification of drugs, as per the Controlled Substance Act.
• Basing on the DEA criteria, my interviewee asserted that there are five
schedule classifications of drugs namely; Schedule I, II, III, IV, and V
(Martin et al., 2020).
• The severity of sentencing associated with each schedule, is based on the
potential for abuse.
• Interestingly, each state including Texas had its own version of the
federal schedule, which it will use when convicting the accused.
Drug Trafficking Charges (Schedule I and II)
• Schedule I drugs were considered to be the most addictive as such, had the most severe
sentences attached to them.
• For instance, possession of Heroin, LSD, Ecstasy, Cannabis and Psychedelics was bound
to attract a sentence of not less than five years and not more than 40 years. Additionally,
fines involved were capped at a maximum of $5 million (Kenny & Zito, 2020).
• A second time offender, would be conceited between 10 years to life imprisonment, with
the fine ranging from $8 million for an individual or 50 million for an entity.
• Schedule II drugs were defined by a high potential for abuse as well as severe
dependence. Examples include; cocaine, methadone, methamphetamine, morphine,
Ritalin, and Adderall.
• Most of the penalties associated with schedule II drugs were similar to those associated
with Schedule I (Kenny & Zito, 2020).
• In both cases, drugs with a street value that supersedes personal consumption would lead
to incarceration of 10 years to life, with a fine of not more than $10 million.
• A second offense would lead to incarceration of a minimum 20 years sentence to life, with
a fine of not more than $20 million
Drug Trafficking Charges (Schedule III and
IV)
• Schedule III drugs were recognized to have moderate potential for abuse and for dependence.
Some of these drugs had accepted medicinal uses.
• Common examples include anabolic, marinol, ketamine and steroids (Kenny & Zito, 2020).
• Schedule Iv on the other hand, was associated with low potential for abuse and dependence.
Thus, they were generally accepted for medicinal use.
• Common examples include; xanax, valium, difenoxin and ambien.
• With the exception of Flunitrazepam which attracted a sentence of not more than 20 years for
first offence, and not more than 30 years for second offense; all other schedule III and IV
drugs attracted incarceration of not more than 5 years and a fine of not more than $250,000
(Kenny & Zito, 2020).
• In the case of Flunitrazepam, first time offenders paid a fine of $1 million while second time
offenders paid a fine of $2 million.
 Drug Trafficking Charges (Schedule V)
• Schedule V drugs have the lowest potential for abuse and dependence.
It is often necessary that consumers obtain prescriptions for their
usage.
• Common examples include, ezogabine and codeine-infused cough
syrups (Kenny & Zito, 2020).
• Federal convictions associated with schedule V drugs range from 1
year incarceration or $100,000 years in fines.
• Second time offenders may be incarcerated up to 4 years or a fine of
not more than $200,000 (Kenny & Zito, 2020).
 Marijuana- Drug Trafficking Charges
• As a drug with medicinal application, I inquired from Mr. McKnight on the status
of Marijuana.
• According to the interviewee, Marijuana is still considered to be a schedule I drug.
• Possession and trafficking of 1,000 kilograms of marijuana will lead to an
incarceration of not less than 10 years and no more than life. Fines associated with
the ruling should not be more than $10million (Osete n.d).
• A second offense attracts a sentence of between 20 years to life, or a fine of $20
million.
• If the amount of marijuana seized is between 100 to 999 kilograms, the
incarceration period lies between 5 to 40 years or a $5 million fine for first time
offenders, or 10 years to life/$8 million fine for second time offenders (Osete n.d).
• Between 50 to 99 kilogram, one is sentenced to not more than 20 years or a $1
million fine for first time offense and not more than 30 years or a $2million fine
for second time offence (Osete n.d).
 Texas Drug Trafficking Laws
• Most of drug related convictions in Texas are based on the Texas Controlled
Substance Act as well as the Texas Health and Safety Code (Brewer, 2019).
• Under the state, a person is identified to be guilty, if they knowingly are found to be
in possession or have distributed any illicit, controlled or illegal substance including
Marijuana.
• The factors influencing sentencing and severity of punishment are;
a. the amount of drug handled, distributed or delivered’
b. the type of drug identified and its classification under the groups of drugs.
• Interesting, Mr. McKnight asserts that Marijuana is classified separately under the
given law.
• The given state is defined by harsher penalties for possession when compared to other
states.
• However, accused can settle for offer pleas where they serve lesser penalty in
exchange for sensitive information that may lead to higher-priority investigations.
 Texas Drug Trafficking/ Distribution
• Under the Texas Health and Safety Code, Title 6, Subtitle C and Chapter 481;
trafficking or distributing less than one gram of the first or second schedule drug
may lead to a state jail felony charge.
• However, cases of trafficking 400 grams or more; of the same drug may lead to a
first degree felony charge that may involve life sentence.
• If an individual is transporting schedule I and II drugs;
a) without consent or lack of knowledge
b) By mistake or under duress
c) or the given drugs weren't intended for human consumption;
• then the accused may serve a 180 days to two years state jail sentence, or pay a
fine of not more than 10,000.
• First degree felonies associated with drug handling distribution of selling may
entail charges ranging from 15 to 99 years in prison or a fine of not more than
$250,000
 Cocaine Drug Trafficking/ Distribution
• According to the state’s health and safety code (481.115), it is illegal for any individual
in Texas to possess, deliver of manufacture cocaine (Gue, 2019).
• Possession of cocaine under a gram, can lead to a 6 months to 2 years prison sentence.
Although first time offenders can receive probation instead of serving jail time.
• Possessing 1 to 4 grams is considered third-degree felony and may attract a fine of
$10,000 or 2 to 10 years incarceration.
• Possession of 4 to 200 grams of cocaine is a second degree felony, as such one may
similarly pay a $10,000 fine or serve 2 to 10 years .
• Possessing 200 to 400 grams is a first-degree felony, and may attract a fine of $10,000 or
a jail time of five to 99 years.
• Possessing over 500 grams attract an outright fine of 100,000 or incarceration of
between 10 to 99 years in jail.
 Marijuana Drug Trafficking/ Distribution
• Texas lawmakers have consistently continued to maintain a harsh stand on marijuana.
• As per the State’s health and Safety Code Section (481.120); it is clear that intentional or conscious
care, custody, or control of marijuana constitutes possession (Gue, 2019).
• As such possessing two ounces or less of marijuana is considered to be Class B misdemeanor, and
one is liable to spend 180 days in county jail or pay a fine of 2,000.
• Mr. McKnight affirmed that the fine is intertwined with a two years supervision period.
• In case one possess 2 to 4 ounces of Marijuana, they can incur a $4,000 fine or 1 year jail sentence.
• Possessing up to 5 pounds earns an individual 180 days to 2 years in jail, with a $10,000 fine
alternative.
• Possessing 6 to 50 pounds leads to a fine of $10,000 or 2 to 10 years incarceration; while 50 to
2,000 pounds attracts incarceration of 2 to 20 years with a fine of $10,000.
• Possessing over 2,000 pounds attracts a fine of 50,000 or incarceration of 5 to 99 years.
 Methamphetamine Drug
Trafficking/Distribution
• The Texas controlled Substance Act asserts that it is considered a crime for one to
distribute, possess, or manufacture methamphetamine within Texas (Gue, 2019).
• Ideally, possession of meth under 1 gram leads to a fine of $10,000 or 2 years
incarceration.
• Possession of meth between 1 and 4 grams is considered a third-degree crime, and may
lead to a 2 to 10 years incarceration or 10,000 fine.
• Possessing 4 to 200 grams of meth is considered a second-degree felony and may lead
to 2 to 20 years incarceration or a $10,000 fine.
• Possessing 200 to 400 grams of meth is a first-degree felony that may lead to
incarceration of 5 to 99 years or a $10,000 fine.
• Finally, possessing over 400 grams of meth is considered an enhanced first-degree
felony and may attract a 10,000 fine of 10 to 99 years incarceration.
 Conclusion
• Based on the interview, I learned that Texas has more severe penalties for
drug possession, use, and distribution when compared to federal penalties.
• Additionally, while the federal rulings were dictated by the Controlled
Substance Act, Texas was influenced more by its Texas Control Substance
Act as well as the Texas Health and Safety Code.
• In the federal law, more factors dictated the punishment passed, while in
Texas the size of seizure and its classification were the two determining
factors.
• Nonetheless, Texas penalties appeared to be more considerate of petty
offenders caught with less than a gram of any controlled substance, when
compared to the federal penalties.
 References
• Brewer, H. (2019). Expungement in Texas. S. Tex. L. Rev., 60, 225.
• GUE, L. (2019). Texas Review of Volume 19.
• Martin Diaz, C., Hernandez, J., Neubauer, L., & Guizan, E. (2020).
Controlled Substance Validation.
• Kenny, B. J., & Zito, P. M. (2020). Controlled Substance
Schedules. StatPearls [Internet]. Osete, R. The DEA Should Rethink
Drug Scheduling. Volume II, 61.