The US Drug Trafficking Laws

The US drug trafficking law prohibits and penalizes illegal manufacture, importation, transportation and selling of unlawful controlled substances like heroin, marijuana, methamphetamine, cocaine, and other illegal drugs. Although drug laws differ from state to state, federal drug laws like the Controlled Substances Act supersede state laws. This act allows feds to enforce drug laws in any jurisdiction.

Federal agencies work with both local law enforcement and the state for effective control over substances deemed to be dangerous to society and individuals. Drug trafficking offenses generally range from 3 years to life imprisonment. Dallas lawyers for drug trafficking defense can help you with these kind of cases.

When placing illegal substances in their control category, the Control Substances Act considers various factors. They include:

  •  Scientific knowledge of the drug.
  •  Scientific evidence of the drug’s pharmacological effects.
  •  Information about pattern abuse and the drug’s history.
  •  Relative or actual potential abuse of the drug.
  •  Public health risk.
  •  If the substance is involved in making other controlled drugs.
  •  The likelihood of the drug causing psychological or physical dependence.

The act establishes a scheduling system or classification for drugs. They include:

Schedule I drugs.

The potential for misuse of these drugs is high. They are considered unsafe regardless of whether they are supervised by medical professionals. They include Quaaludes, LSD, GHB, marijuana and heroin.

Schedule II drugs.

These drugs also have a high potential for addiction and misuse, however, they can be used in the US with strict controls. They include morphine, methadone, cocaine, methamphetamine, PCP (phencyclidine), hydrocodone and fentanyl.

Schedule III drugs.

These drugs have a lower misuse potential compared to schedule I or II drugs. They can be used for medical treatment. Their abuse can lead to mild or severe psychological dependence. They include anabolic steroids, some barbiturates, acetaminophen and codeine medications.

Schedule IV drugs.

These drugs have lower potential misuse and physical or psychological dependence compared to the above-listed drugs (schedule I, schedule II and schedule III drugs) They include benzodiazepines like Xanax (alprazolam), Valium and Klonopin (clonazepam). Ultram ( tramadol painkiller) is also in this category.

Schedule V drugs.

These drugs are used for legitimate medical treatment. They have a lower potential for dependence or abuse. They include cough medicines that contain codeine.


Possession charges can be broken into two categories:

  1. i)    Possession with intent to distribute.
  2. ii)  Simple possession.
  3. i)    Possession with intent to distribute.

People caught with large quantities of drugs broken into smaller bags are considered to be in possession of the drugs with the intention of distributing them.

Simple possession.

People are considered to be in simple possession of drugs if they are caught with small amounts of illegal substance(s) for personal use.

  • Distribution or trafficking.

Drug trafficking laws specify the penalties for smuggling of drugs, sale or transportation. Illegal prescription drugs distribution is also considered as drug trafficking.

Drug trafficking penalties depend on:

  1.  The type of drugs.
  2.  The amount of drugs.
  3.  The distribution of drugs.
  4.  If the drugs were distributed to minors.
  5.  If an arrest occurred.

Drug trafficking penalties.

  1.  Hard Drugs.

Trafficking of powdered cocaine which ranges from 500-4999 grams attracts a minimum federal imprisonment of 5-40 years with a maximum fine of $5 million.

The same penalty applies to trafficking of 100-999 grams of heroin, 4-99 grams, 1-9 grams of acid (LSD) and 50-499 grams of methamphetamine.

Second or repeat offenses for these drugs attract a penalty of 10 years to life imprisonment. The maximum fine is $8 million.

2. Marijuana.

  •  First offender marijuana traffickers who traffic less than 50kgs of marijuana can be imprisoned for a maximum of 5 years with a maximum fine of $250,000.
  •  Second offenders can be imprisoned for a maximum of 10 years with a maximum fine of $500,000.
  •  First offenders that traffic marijuana between 50-99 years can be imprisoned for a maximum of 20 years with a maximum fine of $1 million.
  •  Stiffer punishments await offenders who traffic larger quantities.


The US drug trafficking law defines manufacturing as taking part in any step of producing illicit substances. This definition includes assisting in the production process or selling of equipment and chemical used to produce the drugs.

Marijuana growing and methamphetamine production is considered as manufacturing. Anyone caught with 1 to 49 marijuana plants faces imprisonment of up to 5 years with a maximum fine of $250,000.

First offenders caught with over 1000 marijuana plants face up to 10 years to life imprisonment with a maximum fine of $10 million.

Manufacturing illegal substances near playgrounds or schools can double the sentences and fines.

Visit here for more information about drug laws and drug lawyers.


Federal Laws and Penalties for Possession of Drugs in Iowa

Possession of illegal drugs is a crime in IOWA. People are charged based on the drug amount they hold. Investigations are conducted to check the intent of keeping the drugs, minors, etc. Accordingly, penalties are levied from the person. Penalties include imprisonment for several years, drug rehabilitation, fines, community service, and suspension of driver license, parole, and probation.  

The person’s name will be entered in the criminal records that will last a lifetime in case of conviction in the drug possession case. The attorneys are specialists in defending drug possession cases and charges. Experienced attorneys can negotiate and use tactics in the court system in Iowa to defend the first-time committers of the drug crime. 

Small fines are imposed on the person having a few drugs with the help of the attorney. Attorneys are very peculiar in enquiring about the arrests in drug possession case like the adoption of the correct procedure for arrest, the seizure was done in a legal manner, the presence of drugs with the person or in some place and cause of the law enforcement officers etc.  

Some of the illegal drugs sold in IOWA include Heroin, PCP, Opium, Marijuana, Cocaine, LSD, Steroids, Ecstasy, Vicodin, etc. Gangs sell most of the drugs to teenagers. The number of drug addicts is increasing rapidly. The person arrested with the intention of selling the illegal drugs will have a more severe punishment than the person possessing the drugs for personal use  

There are a lot of Interstate Drug Lawyer in Iowa and law firms pertaining to drug possession cases. Some law firms even have former judges to lead them.  

The drug possession lawyers in IOWA is committed to providing excellent and aggressive legal representation in drug possession cases. Some law firms offer free drug possession case consultation. The lawyers ensure that all legal procedures are followed.  

The drug possession cases are handled in a serious manner in IOWA leading to the criminal conviction and severe consequences in the future. Lawyers help in client’s mitigation of drug accusations. In drugs case, it is always advised to get the advice of the lawyer and get their legal representation.  

Procedure to criminal drug charges  

In case you were involved in some drug case and caught it then it is time for you to hire the criminal lawyer immediately. The main reason behind this is that when you get caught it can affect your personal and professional life. It can have the impact on your reputation in the society. This can also hit you bad financially.  

On top of this in case you are working somewhere, you might lose the job. Or else if you are looking towards gaining job then you might miss the opportunity. Also with all this loss, you might also have to face penalties and jail imprisonment. One person that can help you get off these criminal drug charges and be a support in your tough times is the lawyer. The common drug charges include:  

  • Carrying a controlled substance
  • Trafficking in a controlled substance Sale or supplying of any controlled substance
  • Drugs possession Operation of a meth lab Increasing a controlled substance
  • Supplying of illegal drugs
  • Arrested for drug trafficking Selection of the lawyer will depend on the kind of drug charges you will have to face.  

You need to select the lawyer that is specialized as well as the expert in the field of drug-related cases. With this, you will have complete assurance that these lawyers posse complete knowledge regarding charges and so will serve you better. Always remember that it is the experience that matters while deciding a lawyer.  

In such cases, there are high chances of imprisonment irrespective of the fact that you might be caught for the first time It is really terrifying to be inspected for the drug crime. Also, it is scarier to be imprisoned on drug-related charges.  

When you are being cross-examined by the prosecutors and investigators, be very careful while speaking or doing something, as this may affect the outcome of your case. It is better to stay calm while facing any drug-related charges. Choose the criminal lawyers IOWA that remains present with you during all the phases of the criminal process.  

When you have selected a right lawyer there is less risk of imprisonment as the lawyer will evaluate your true position and accordingly follow the procedure. You can find many options to jail like home monitoring, work release, private or paid jail, work furlough and sober living situations.  

Hence, if you want to protect yourself from drug-related charges, consult criminal lawyer ask for their help as soon as possible.  


IP and Employment Law Blog

Properly negotiating and structuring a purchase or sale of a business can be a challenging endeavor.  Having a good team of accountants, legal advisers, valuation experts, tax advisers, lenders or investors is crucial to successfully buying or selling a business.   There are a variety of considerations in buying or selling a business, but there are two major ways to structure a deal: an asset purchase or a stock purchase. 

An advantage of an asset purchase is that it allows the buyer to be selective in terms of the assets that it wants to acquire from the target company.  Also, the buyer is generally not liable for the seller’s liabilities, unless the asset purchase agreement has such language.  Some disadvantages of an asset purchase are that the bill of sale must be comprehensive enough to ensure that no key assets are overlooked and third party consents will likely be required.  

Some advantages of a stock purchase are that the business identity, licenses, permits can be preserved, and continuity of the business may be maintained.   However, the buyer may be liable for unknown or contingent liabilities, and may be forced to contend with the seller’s minority shareholders. 

 Also, there are variety of employment and intellectual property law considerations that go into structuring a proper purchase or sale of a business.

Such as the following:
 a) negotiating key employee agreements and non-competition restrictions;
 b) contending with collective bargaining agreements;
 c) resolving anticipated or outstanding claims by employees;
 d) acquiring the desired intellectual property (business name or marks, copyrights, patents or trade secrets);
 e) restricting the other party from using the intellectual property (business name or marks, copyrights, patents or trade secrets); and    
 f) recording assignments or transfers of intellectual property (business name or marks, copyrights, patents or trade secrets). 
Properly, structuring a purchase or sale of a business can often mean the success or failure of the venture.  If you have any concerns or questions regarding the purchase or sale of a business, then please feel free to contact us.


West Virginia Law Firm Blog Archive Asbestos or Silica

We live in a world where we have to “handle with care”. Sometimes, the best product for a job will result in toxic chemicals or fibers being released and the workers inhaling these killers. The problem is that for Asbestos exposure, it can be 40 years before the full results of the irritation are known. Silica normally takes time for the results of the exposure of the worker to the sand or quartz, but it can be quickly detected in the case of children or the elderly who inhale it. The most common way to inhale silica is when it is used in techniques such as sand-blasting.

Both products are used in the building industry. Both products are either added to concrete or are part of the mix. Whenever a building is demolished care must be taken to prevent these fibers and particles from being released into the living environment of homes and offices.

Why should this come up in a discussion of asbestos litigation? Well, you see the same methods and approaches of mass tort and mass claimants are being used by attorneys to claim money for their clients who were exposed to Silica. It’s true that the litigation against companies who used and manufactured asbestos products has caused some to go bankrupt and others have no money left for the next case. The expertise which the attorney has in suing for asbestos -linked health problems suits well the new class of litigation.

Are we getting to the situation where the claimants and their legal representatives are jumping from one bandwagon to another to get as much money as possible out of the action? That is for the courts of WV and the federal judicial system to decide. It seems as if after destroying one golden cow we are now trying to do the same again.

There is also now evidence which suggests that some people who have already claimed they were suffering from asbestosis are now claiming that they also have silicosis. The idea that someone would suffer from both conditions is unlikely. The major problem for some attorneys is that a medical “expert” can diagnose someone with asbestosis from an X-ray and then subsequently diagnose the same person with silicosis.

Can they really tell the difference? Are they confused by the information in front of them? Or are they really just making money from saying “yes” almost every time.

The answer to the problem is to find a great defense asbestos litigation lawyer, who cares about you and your company. They will look at all the evidence and then act correctly in each and every case.