Federal Drug Crimes | The Law Offices of Michael E. Cindrich, APC

The most serious drug crimes are prosecuted on the federal level. These federal drug crimes must cross state lines, involve multiple parties and typically indicate a wide-spread scheme to manufacture and/or sell significant amounts of controlled substances. They are typically prosecuted by the Drug Enforcement Agency (DEA) in conjunction with the Federal Bureau of Investigation (FBI) and local law enforcement.

San Diego Lawyer for Federal Drug Crimes

The federal government does not step in for crimes unless they cross state lines or involve federal offenses. If you have been charged with a drug crime by the federal government, you need a lawyer immediately, and a good one.

Attorney Michael Cindrich has decades of experience in criminal court. He has protected clients accused of drug crimes for decades. The Law Offices of Michael E. Cindrich serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, and El Cajo.

Contact the Law Offices of Michael E. Cindrich today for a free, confidential consultation at (619) 262-2500.

Federal Drug Crimes in California

Federal drug crimes in California are governed by the Controlled Substances Act (CSA) and related laws, which apply nationwide. These statutes criminalize a variety of activities, including possession, manufacturing, distribution, and trafficking of controlled substances. Each law carries its own set of penalties and aggravating factors, making federal drug crimes far more harsh than state-level offenses. The following are common federal drug charges in California.

Simple Possession (21 USC § 844)

Simple possession makes it illegal to knowingly possess controlled substances without valid authorization, such as a prescription. Penalties for first-time offenders can include up to one year in prison, with mandatory minimums applied for possession of certain substances, like crack cocaine, in specific quantities.

Manufacture, Distribution, or Possession with Intent to Distribute (21 USC § 841)

This law prohibits the production, sale, or possession of drugs with the intent to distribute, even if no actual sale occurs. Penalties include a minimum of five years and up to 40 years for smaller amounts of drugs, escalating to 10 years to life for larger quantities, such as one kilogram of heroin or 50 grams of methamphetamine.

Attempt and Conspiracy (21 USC § 846)

This statute penalizes attempts and agreements to commit drug crimes, treating them as seriously as the completed offense. Penalties mirror those of the underlying crime, regardless of whether the crime was fully executed.

Distribution or Manufacturing Near Schools or Colleges (21 USC § 860)

Offenses involving the distribution or manufacturing of drugs within 1,000 feet of schools, playgrounds, or other sensitive areas are prosecuted at a higher level than typical cases. These could include cases where ecstasy (MDMA) are sold by or to students on or near their school. The maximum penalties under 21 USC § 841 are doubled, and a mandatory minimum of one year is applied for first-time offenses.

Continuing Criminal Enterprise (21 USC § 848)

Also known as the “Kingpin Statute,” this law targets leaders of large drug operations involving five or more individuals. Penalties include a minimum of 20 years, up to life imprisonment, or even the death penalty for certain activities involving substantial drug quantities and financial profits.

Maintaining Drug-Involved Premises (21 USC § 856)

This law criminalizes operating premises used for the storage, manufacture, or distribution of controlled substances. This law can also apply to landlords who know about their tenant’s use of the property to sell, store, or manufacture drugs. Under California law, any person in control of real property is responsible for what happens on that property. This is partly to incentivize landlords to regulate their tenants instead of the government.

Jury Considerations in Federal Drug Cases

In federal drug cases, the prosecution must prove certain elements beyond a reasonable doubt to secure a conviction. These elements vary by statute but generally include:

Knowledge: The defendant must have knowingly possessed or engaged in the prohibited drug activity. For example, under 21 USC § 844, possession alone is not enough—the prosecution must show the defendant knew they had the controlled substance.
Intent: For crimes under 21 USC § 841, the prosecution must prove intent to distribute. This often relies on circumstantial evidence such as large quantities of drugs, packaging materials, or scales.
Jurisdiction: Federal jurisdiction applies if the offense involves interstate commerce, occurs on federal property, or involves a conspiracy under 21 USC § 846.
Proximity to Restricted Zones: If enhanced penalties are sought under 21 USC § 860, the government must demonstrate the offense occurred within 1,000 feet of a school, playground, or similar area.

Types of Drugs in Federal Drug Crimes

Certain drugs frequently appear in federal drug crime cases due to their prevalence and the severity of their legal restrictions. The most most common ones include:

Cocaine and Crack Cocaine: Cocaine is a white powder derived from coca leaves, often trafficked in large quantities. Crack cocaine, a crystal form that’s smoked, carries harsher federal penalties due to its association with inner-city drug use.
Heroin: A highly addictive opioid made from morphine. Heroin is often smuggled into the U.S. from countries like Mexico and Afghanistan.
Methamphetamine (Meth): A powerful stimulant that can be smoked, snorted, or injected. Because it is so easy to manufacture, the resources required to make methamphetamine, also known as precursors are heavily regulated.
Fentanyl: A synthetic opioid up to 100 times stronger than morphine. Its potency has led to a surge in overdose deaths nationwide.
Marijuana: Despite being legal in California for recreational use, marijuana remains a Schedule I controlled substance under federal law. Federal charges often arise from large-scale cultivation or trafficking across state lines.
LSD (Lysergic Acid Diethylamide): A potent hallucinogen usually distributed in small quantities on blotter paper. Federal laws impose strict penalties for manufacturing and trafficking LSD.
Synthetic Drugs (e.g., Spice, Bath Salts): These are chemically manufactured substances designed to mimic the effects of other drugs. Federal authorities aggressively pursue cases involving these due to their unpredictable and dangerous effects.

Who Investigates Federal Drug Crimes in California?

The DEA (Drug Enforcement Administration) and FBI (Federal Bureau of Investigation) are the primary agencies that prosecute drug-related crimes in the United States, including in California

The DEA focuses exclusively on enforcing laws related to controlled substances. Its primary tasks include investigating and dismantling drug trafficking organizations, preventing the diversion of legal pharmaceuticals and chemicals for illicit use, and eradicating illegal drug production. The DEA agents target drug cartels, major traffickers, and distributors, working under the Controlled Substances Act. They often collaborate with international agencies to curb drug trafficking networks, given the global nature of the drug trade, and with local law enforcement to catch state-based actors.

The FBI, on the other hand, takes a broader approach to federal crimes, including drug offenses. While not solely focused on drugs, the FBI investigates drug-related activities when they intersect with organized crime, terrorism, or significant violent crimes. For example, the FBI targets drug cartels tied to transnational criminal enterprises and investigates the money laundering and corruption often linked to drug trafficking. It also works on joint operations, such as those with the DEA or through programs like the Organized Crime Drug Enforcement Task Forces (OCDETF), to address drug-related challenges on a systemic level.

Federal agencies are typically roped in by local law enforcement when they suspect they are involved in something bigger than local enforcement can handle.

Federal Drug Crime FAQ

What’s the difference between federal and state drug charges? Federal charges often involve larger quantities of drugs, interstate activity, or violations of federal laws like the Controlled Substances Act.
Can a federal drug charge be dismissed? Yes. Though rare, it is sometimes possible to obtain a dismissal for federal drug charges.
What does “mandatory minimum” mean? It’s a required minimum sentence the judge must impose for certain offenses, regardless of mitigating factors.
Can I face both federal and state charges? Yes, in rare cases, though one jurisdiction typically takes precedence.
What is a conspiracy charge in a federal drug case? An agreement between two or more people to commit a drug crime, punishable even if the crime isn’t completed.
Does cooperation with authorities reduce penalties? Potentially, under 18 USC § 3553(e), but it must be substantial and agreed upon by the prosecution. This agreement must be explicit and guaranteed in writing.
What happens if I’m charged with drugs found in a shared car? The government must prove you had knowledge of the drugs and control over them. If you owned the car, you are liable. However, if the car belongs to another person, they must prove that you knew about the drugs.
Can a prior state drug conviction increase my federal sentence? Yes, prior convictions often trigger harsher penalties under federal sentencing guidelines.

Additional Resources

DEA’s Overview of Controlled Substances Act – The Controlled Substances Act (CSA) regulates the manufacturing, distribution, and use of drugs in the United States by categorizing substances into five schedules based on medical use, abuse potential, and dependency risks. The DEA provides information about scheduling procedures, criteria for substance classification, and mechanisms for adding or removing substances from control under the CSA.

Drug Offense Sentencing Relief Under the First Step Act and the U.S. Sentencing Guidelines – This report from the Congressional Research Service explains sentencing relief for drug offenses under the First Step Act. It includes details about mandatory minimum sentences, safety valve provisions, and how recent Supreme Court decisions affect sentencing guidelines. It also examines federal circuit court interpretations and potential impacts on sentencing outcomes.

Drug Task Force Targets Southern California Fentanyl Distribution Ring – This DOJ press release highlights the arrest of individuals involved in a major drug trafficking organization in Southern California. It details the investigation’s findings, including seizures of narcotics, firearms, and cash. The case demonstrates the collaboration between federal and local agencies to dismantle drug distribution networks.

Federal Trafficking Penalties – The DEA outlines federal penalties for drug trafficking, categorized by substance type and quantity. The document includes first and subsequent offense penalties, fines, and mandatory minimums. It also covers specific details for substances like cocaine, marijuana, and methamphetamine under various schedules of the Controlled Substances Act.

Hire an Attorney for Federal Drug Crimes

Contact the Law Offices of Michael E. Cindrich today for a free, confidential consultation at (619) 262-2500.