Cocaine Possession and Sales Laws

Drug crimes are criminal acts that are regulated by all fifty states as well as the federal government. In fact, the federal government has enacted laws that address the possession, use, manufacture, and sale of certain drugs, including crack cocaine.

It is important to note that each drug crime has its own set of legal elements required to prove that a defendant has committed the crime and legal penalties that result from being convicted of the crime. Examples of common drug crimes involving cocaine include:

• Possession: Drug possession is the most common drug crime offense that arises when a person is knowingly in possession of a drug without authorization, such as when a person possesses cocaine without a valid prescription.
  • In general, drug possession charges consider the amount of the drug, and the legal penalties may vary according to whether the amount is for personal use or for sale and distribution;
• Manufacturing: Drug manufacturing generally involves the act of creating or “cooking” a synthetic chemical substance or extracting a natural drug.
  • For instance, cooking methamphetamines or changing the structure of cocaine into crack may constitute the crime of drug manufacturing.
  • Additionally, packaging a drug for resale could also constitute manufacturing;
• Use: The use of cocaine can is also a criminal act, especially in cases in which the drug user does not have a valid prescription from a doctor;
• Distribution: Drug distribution includes the sale, smuggling, trafficking, and/or delivery of illegal substances; and
• Drug Trafficking: A drug trafficking charge includes criminal behavior, such as the possession, manufacture, sale, purchase, and/or delivery of illegal or controlled substances, such as cocaine.
  • Essentially, if you are involved in the illegal sale, transport, and/or importing of an illegal drug or controlled substance, such as cocaine, or if you intend to sell or deliver the drug, you could face drug trafficking charges.
  • Trafficking is generally considered to be one of the most serious drug offenses, resulting in felony charges instead of misdemeanors.

The legality of most drugs is determined by how it is being used and what it is being used for. For example, Cocaine is a Schedule II drug under the federal Controlled Substances Act. However, cocaine does remain legal for medical use.

Further, personal use of cocaine has been decriminalized in the state of Oregon, but cocaine sales and dispensaries are still illegal. This means that if you possess or use cocaine without a prescription from a doctor in the United States, you may be charged with a drug crime.

What Is the Controlled Substances Act?

In general, a controlled substance is a drug that is regulated by the government and can have a detrimental effect on a person’s health and welfare. As mentioned above, cocaine is a

Schedule II controlled substance that is strictly controlled by government regulation. The Controlled Substances Act classifies controlled substances into five schedules based on:

• Medicinal value;
• Potential for abuse;
• Safety for the public;
• Likelihood for dependency.

Once again, cocaine is a Schedule II controlled drug. The Controlled Substances Act schedules are ranked from most dangerous, meaning the drugs have the least medicinal value and highest potential for abuse, to least dangerous, meaning the drugs have the most medical value and least potential for abuse:

• Schedule I: These drugs and substances have no currently accepted medical use and have a high potential for abuse and dependency.
  • Examples of Schedule I drugs include heroin and ecstasy;
• Schedule II: These drugs and substances have a lesser potential for abuse than Schedule I substances and have some accepted medical use.
  • Examples of Schedule II drugs include Vicodin, cocaine, and oxycontin;
• Schedule III: These drugs and substances are still considered to be dangerous when compared to Schedules IV and V, but have a lesser potential for abuse and have some medically accepted use.
  • Examples of Schedule III drugs include codeine, anabolic steroids, and testosterone;
• Schedule IV: These drugs and substances are considered to have a low potential for abuse when compared to schedules and have an accepted medical use and a risk for limited dependence when compared to other drugs and substances.
  • Examples of Schedule IV drugs include Valium, Ambien, and Xanax; and
• Schedule V: These drugs and substances have the lowest potential for abuse when compared to other scheduled drugs and substances, as well as an accepted medical use and a risk of limited physical or psychological dependence when compared to the other scheduled controlled substances.
  • Examples of Schedule V drugs include only limited quantities of narcotics, such as cough medicines.

Federal Law and Scheduling for Cocaine Possession

Once again, the federal law regarding cocaine possession is outlined in the federal Controlled Substances Act. As such, it is illegal in America to possess and/or distribute cocaine, as cocaine is considered to be a Schedule II drug.

In general, the Department of Justice does not prosecute minor cocaine possessions, as that is the responsibility of the respective municipality in which the crime occurred. Instead, federal prosecutions generally focus on the sale, cultivation, manufacture, and distribution of illicit drugs.

As far as cocaine possession, when the amount possessed is 500-4999 grams (mixed), the following is the extent of federal criminal penalties for possession:

• Criminal Fine: Criminal fines will be imposed on a person caught possessing the amount of cocaine above as follows:
  • For the first possession offense, up to $5 million in fines if an individual, and $25 million if not an individual.
  • For the second offense, a fine of up to $8 million if an individual and $50 million if not an individual;
• Imprisonment: If an individual is caught with the amount of cocaine listed above, then they may also be imprisoned as follows:
  • If caught possessing the amount listed above, then an individual may be imprisoned for at least 5 years and not more than 40 years for a first-time offense.
  • For a second offense, the prison sentence is at least 10 years and not more than life.
  • Additionally, for a first offense, if death or serious bodily injury resulted from the crime, then the sentence increases to no less than 20 years, but not more than life.
  • For a second offense, if death or serious bodily injury resulted from the crime, then the charges generally result in lifetime imprisonment.

State Law and Scheduling

In addition to federal laws and penalties, there are also state criminal statutes that provide penalties for a wider variety of criminal offenses than the federal system. These penalties range from minor possession charges to drug smuggling and distribution of large quantities.

Although the state laws will differ by state, in general, the state laws are similar to those of the Controlled Substances Act, and they classify most drugs according to federal guidelines. As such, cocaine is considered to be a Schedule II controlled substance in most states.

• State Possession Penalties: State drug laws for cocaine possession vary, but most states do not have a quantity requirement, as they instead recognize increased penalties for possession over 28.0 g and then again over 200.0 g. The following figures can help demonstrate the extent of penalties for cocaine possession in the U.S.:
  • Possession fines ranging from $1,000 to $500,000;
  • Possession prison time, ranging from 4 months to 15 years.
• State Sales Penalties: While many incidents of the sale of illicit drugs also have federal penalties, state courts assess fines and prison time independent of any federal prosecution. This includes:
  • A sale fine from $2,500 to $1,000,000;
  • Prison time from 1 year to life in prison.

Crack vs. Cocaine

As mentioned above, the possession of crack is not the same as being in possession of cocaine. Generally speaking, at the federal level, there is a disparity between the sentencing penalties for cocaine in powder form and crack cocaine.

However, most states do not reflect the federal sentencing disparity. There are some states that do provide for different penalties regarding crack and cocaine, as crack is considered to carry a drug manufacturing charge. As such, it is imperative to remember that even though states may not have defined different penalties between the different forms of cocaine, this does not mean that judges, juries, and the criminal system will address offenders equally.

Do I Need an Attorney?

If you have been accused of or arrested for the possession of cocaine, it is in your best interests to consult with a drug lawyer immediately. An experienced criminal defense attorney will be able to help you understand your legal rights and options according to your state’s specific laws.

Further, an experienced cocaine defense lawyer will also be able to raise any applicable legal defenses available to you. Finally, an attorney will also be able to represent you at any in-person criminal proceedings, as needed, throughout the criminal process.