Narcotics are any drugs that dull the senses and commonly become addictive after prolonged use. They can be legal, in which case they’re regulated by the FDA and are available with a prescription, or illegal. Illegal drugs are regulated by the Uniformed Controlled Substances Act, which is a part of the Comprehensive Drug Abuse Prevention and Control Act.
The authority to regulate drugs rests primarily with the Federal Government based on their power to regulate interstate commerce. States, however, are allowed to create their own restrictions as long as their provisions are consistent with federal laws.
If accused of violating these laws, it is important to consult with a Clearwater federal drug lawyer. An experienced federal lawyer in Clearwater can look at the facts and circumstances surrounding your case and help develop a strong defense.
Drug Policy Objectives in Florida
Florida, with such a long coast line, is a primary location for international drug trafficking. It is the principal thoroughfare for cocaine and heroin that is headed for the Northeastern portion of the United States and Canada. While historically drugs coming into Florida have originated in South America, Mexican organizations have made inroads into Florida as well.
Currently, the nation’s drug policy has two main objectives: regulate the manufacture, sale, and use of legal drugs and prohibit and punish the manufacture, possession, and sale of illegal drugs from marijuana to heroin as well as some dangerous legal drugs. The illegal drugs, and some legal ones, are organized into 5 schedules based on their potential for medical use, harm, or abuse. This imposes a series of controls and penalties for each group.
Schedule I drugs include heroin, hallucinogens, and marijuana. They are thought to have a high potential for harm and no medical use. Schedule II includes other opiates and cocaine. Schedule III drugs consist of mainly depressants and stimulants. Schedule IV drugs include mainly mild tranquilizers and Schedule V drugs are drugs, like cough syrup mixes containing some codeine, that are medically useful but could result in some physical or mental dependence.
Types of Drug Offenses
Florida recognizes a variety of drug charges. Drug possession is one charge that is available. It is the least serious of the drug offenses prosecuted by Florida. Possession with intent to sell is more serious and selling or trafficking results in the strictest penalties. The exact penalty a person faces depends on various factors including, but not limited to, the type of drug, the amount of the drug involved, and any previous criminal record the accused might have. The penalties themselves range from simple monetary fines, life imprisonment, and even capital punishment now.
Capital punishment was made legal based on a 1994 drug law which makes it an acceptable punishment for people involved in major drug trafficking. Drug trafficking is defined as the manufacture, cultivation, sale, and distribution of illegal drugs on a global scale.
How a Clearwater Drug Lawyer Can Help
If you have been arrested for any drug-related charge and are in need of an experienced and competent Clearwater drug lawyer, contact an attorney from the Law Offices of Tragos, Sartes & Tragos, PLLC. Their experienced defense team will give you the best chances of avoiding serious jail time.