Most drug possession crimes in Maryland are prosecuted at the state level. However, they can sometimes be bumped to federal charges in certain scenarios. Something like getting caught with drugs while on federal property can result in serious legal consequences, including hefty fines and long prison sentences.
When it comes to battling a drug charge in a federal case, more agencies and resources are involved because they are more serious charges. If you are facing a federal drug charge, you should contact our experienced drug crime defense lawyer in Bowie or Crofton for guidance as quickly as possible.
Understanding state vs. federal drug charges
State charges for drug crimes typically encompass possession and manufacturing. The charges can become more significant if a person crossed state lines with intent to distribute the drugs or utilized a mail carrier like the United States Postal Service to ship them. This would make the crime a federal level charge.
According to the Drug Enforcement Association (DEA), drugs are federally classified as follows:
- Class I – Drugs with no accepted medical use and high potential for abuse. These include ones like heroin, LSD, marijuana, ecstasy, methaqualone, and peyote.
- Class II – Dangerous drugs with high potential for abuse which may potentially lead to psychological or physical dependence. These include ones like Vicodin, cocaine, methamphetamine, methadone, Dilaudid, Demerol, OxyContin, fentanyl, Dexedrine, Adderall, and Ritalin.
- Class III – Drugs with moderate-to-low potential for psychological or physical dependence. These include ones like Tylenol with codeine, ketamine, anabolic steroids, and testosterone.
- Class IV – Drugs with low potential for abuse and dependence. These include ones like Xanax, Valium, Soma, Darvon, Darvocet, Ativan, Talwin, Ambien, and Tramadol.
- Class V – Drugs with an even lower potential for abuse but contain limited quantities of certain narcotics. These include ones like Robitussin AC, Lomotil, Motofen, Lyrica, and Parepectolin.
Being “caught” on federal property could also bring on federal charges
However, you do not always need to cross state lines or have intent to distribute drugs for a drug crime to become a federal charge. Although the federal government typically follows the lead of state governments in drug-related cases, federal charges carry much harsher penalties, including longer prison sentences and larger fines. This is especially true for those who work for government agencies and carry prescription drugs while on their property. Whether it is a bottle of Adderall for your kid or just one Xanax that a friend gave you, the government is pretty strict and may prosecute you if they believe you committed a crime while on their property. Federal property refers to any land, buildings, or cars owned or leased by the federal government, such as:
- National parks
- Military bases
- Government buildings
- Federal police cars
Being in possession of any controlled substance, including marijuana, cocaine, heroin, or prescription drugs, without a valid prescription on any federal property is considered to be a federal crime and you could face serious charges. Although it may seem like there is a little gray area when it comes to medical marijuana since many people do legally hold an ID card, the federal government doesn’t offer such a distinction. To them, marijuana is marijuana and it is a Class I drug.
What are the penalties for federal drug possession?
Federal drug charges in Maryland can carry severe penalties for individuals who have been caught bringing drugs onto federal government property. Under federal law, it is a crime to bring unprescribed drugs onto federal property—and the charges can be significantly harsher than those at the state level.
Under US Code §844, possession of drugs on federal government property can have you facing:
- First offense – Up to 1 year in prison and $1,000 or more in fines.
- Second offense – Up to 2 years in prison and $2,500 or more in fines.
- Subsequent offense – Up to 3 years in prison, with a mandatory 30-day minimum, and $5,000 or more in fines.
The specific charges and penalties a defendant may face depend on various factors, including the type and quantity of drugs involved and the defendant’s criminal history. In general, federal drug charges can result in lengthy prison sentences, steep fines, and a criminal record that can have lasting consequences. Repeat offenders, or those caught with larger quantities of drugs, may face even harsher penalties. For example, you could be charged with a felony this time if you have a prior drug-related charge.
When to contact a Crofton or Bowie drug crime defense lawyer
If you work on government property and were caught with drugs that were not prescribed to you, a lot could be at risk. In addition to fines and jail time, you could also be looking at probation, mandatory drug testing, loss of security clearance, and even job termination. The stakes are high if you are caught with drugs on federal government property as a federal employee, so you should take these charges very seriously.
An experienced drug crime defense attorney can be an invaluable asset for defendants facing federal drug charges in Bowie or Crofton. At Carey Law Office, our team has a deep understanding of the complex federal drug laws and the legal strategies necessary to build a strong defense. We can help mitigate a federal drug charge by negotiating to a lesser charge in a plea deal. Our skilled attorney can negotiate with the prosecution on your behalf to secure a plea deal that reduces the severity of the charges and the associated penalties. We also may challenge the evidence the prosecution has in court by analyzing and identifying any weaknesses or inconsistencies. This can lead to the suppression of evidence or even the dismissal of charges.
Fighting a legal battle against the federal government is not something you should do alone. The team at Carey Law Office will be a crucial advocate for defendants like you who are facing federal drug charges. We will help navigate the complex legal system and work to achieve the best possible outcome to hopefully minimize the potential legal consequences of such serious charges. To schedule a consultation, call our offices or fill out our contact form today. We had offices in Bowie, Crofton, and Owings, and serve clients in Calvert County and all of the surrounding areas.
My name is Joe Carey, and I am the founder and principal attorney of the Carey Law Office. I have lived in Maryland my entire life. I grew up in a small town in Prince George’s County and, with the help of my partner in life, Nancy, I raised my family here: three exceptional children (a son and two daughters), and two goofy, spoiled black Labrador Retrievers. Learn More