Drug Offenses

Under the CSA criminal offenses include: A. Possession of a controlled substance B. Manufacture or distribution of a controlled substance C. Possession with intent to deliver a controlled substance

Fresno Meth Task Force investigators inspect the charred ruins of a methamphetamine super lab near Madera, California. The lab exploded when investigators attempted to remove some remaining combustible red phosphorus chemicals.

Methamphetamine is a highly addictive central nervous system stimulant. Meth is one of the few illegal drugs that people without any chemical expertise can manufacture on their own. In 2006 the United Nations reported that meth was the most widely abused hard drug in the world, with almost as many addicts as cocaine and heroin combined

Possession One need not know the exact nature or quantity of the drug possessed, so long as the possessor knows some illegal drug is possessed In most prosecutions, even a very small quantity, like the residue on a pipe, suffices for a possession conviction A. In some states the “useable quantity” rule requires possession of more than a miniscule quantity, particularly on things like dollar bills that are commonly exchanged

Delivery Delivery of a controlled substance is generally a greater offense than mere possession In virtually all states, possession of a significant amount of an illegal drug is enough for proof of intent to deliver A. Significant usually means more than would be in possession for one’s private use People, like physicians, who are licensed to distribute controlled substances, can be convicted of delivery if they do so outside the usual professional practice or for no medical purpose

Drug Paraphernalia Possession and sale of equipment or materials that are not themselves illegal but can be used in illegal drug manufacturer, sale or use are also illegal If the paraphernalia has only a use with illegal drugs (“single use”), possession or sale is a violation even though the defendant did not have a specific intent to so use the paraphernalia A. The Supreme Court has held that certain things, like bongs or freebase cocaine kits, are used with illegal drugs based on their design, and thus under an objective test anyone selling these items violates the law Where the item has a “duel use”, convictions require a showing that a seller knew or should have known that the primary use was with illegal drugs

Marijuana

Alone among the schedule I drugs, marijuana is regarded by some as having a recognized medical use A few states have legalized medical use of marijuana, so long as used pursuant to a valid prescription While the federal government may prosecute persons in possession of marijuana within states who have a medical use exception, it has signaled it won’t do so A. States making marijuana legal will not protect users from federal prosecutions under federal laws

Marijuana Controlled substances may be used in religious ceremonies in two cases A. If Congress (and the states) pass statutes exempting drug from the CSA. Peyote used in Indian religious ceremonies is an example B. If the drug use has a “sincere” role in a religious ceremony, the First Amendment requires Congress or a state show some compelling interest in banning its use, beyond the simple fact the drug is a controlled substance

Drug-Induced Deaths When a person dies during or after the commission of a crime, it must normally be shown that the defendant “caused” the death, which at the least means he should have calculated its probability A. Laws such as the felony-murder rule have the least personal causation requirement, since the death need only happen during the felony Many states have adopted laws that have a similar effect for deaths that occur after illegal drugs have been ingested A. In these states, a “but for” causation between the sale and use of the illegal drugs is sufficient to hold the seller liable for the death