Drug-Related Crimes in Criminal Law

Because drug-related crimes continue to be a mounting issue in criminal law, any crime involving drugs is taken seriously by the U.S. judicial system. Drug-related crimes do not always involve the selling, possession or manufacturing of drugs; often, drugs are a secondary issue to another crime.

Take violence, for example. Non-violent citizens who participate in the consumption of controlled substances (drugs) have the capacity to become violent while under the influence. Drugs such as PCP (phencyclidine), LSD and ketamine are known to cause vivid hallucinations and to induce a psychotic state when consumed.

When a person commits a violent crime while under the influence of a controlled substance, they will be convicted of a drug-related crime. Most states have statutes that increase the penalty for drug-related crimes, rather than allowing it to be used as a defense. A drug-related crime is different than a crime committed by someone with a natural mental disease or defect. Drug-related crimes are taken more seriously and are punished more voraciously.

Drug-related crimes can also be economic. Many corporations and other commercial operations have used legitimate businesses as a front for drug trafficking. When these businesses come under investigation and are discovered to be disguises for drug-related activity, the penalties increase severely. Drugs are an enormous source of profit for people who smuggle and traffick them on a regular basis, and the United States court system attempts to dissuade this practice by offering stiff penalties.

The actual punishments for drug-related crimes depend on a wide variety of factors. The type of drug is often considered, as certain drugs are known to be more dangerous than others. The quantity of drugs involved is also a factor; big-time drug dealers work with large quantities of narcotics and supply them to thousands of people. First-time offenders are usually guaranteed a lesser sentence than repeat offenders.

In addition to punishment, criminal law also attempts to provide rehabilitation programs for people who commit drug-related crimes. Most people who are convicted of drug-related crimes serve between one and three years in prison, which means that they are released to society. During incarcertion and following, they may be required to participate in detoxification programs, drug-related therapy, support groups and mentoring programs. The war against drugs is only expected to escalate, and the criminal system is working fiercely against it.

When an individual is convicted of a drug-related crime, judges usually turn to federal government resources which classify drugs and punishments for drug-related crimes. The type and quantity of the drug as well as the nature of the offense are taken into consideration when determing the sentence. The federal government has a "drug schedule" which outlines the maximum and minimum penalties for drug-related crimes.