The Controlled Substances Act (“CSA”) is the federal drug policy that regulates the distribution or manufacture of controlled substances. The CSA categorizes controlled substances (drugs) into five classifications or “schedules.” These schedules are based on the potential for abuse, status in international treaties, and any medical benefits it may possess.
1Schedule I – Drugs with no currently accepted medical use and a high potential for abuse. Some examples are heroin, marijuana, ecstasy, and LSD.
2 Schedule II – Drugs with a currently accepted medical use and a high potential for abuse. Some examples are cocaine, methamphetamine, fentanyl, Adderall, morphine, Oxycontin, and Ritalin.
3Schedule III – Drugs with a currently accepted medical use and a potential for abuse that is lower than Schedules I and II. Some examples are testosterone, anabolic steroids, ketamine, and Tylenol with codeine.
4 Schedule IV – Drugs with a currently acceptable medical use, but with a low potential for abuse. Some examples are Ambien, Xanax, Tramadol, and Valium.
5Schedule V – Drugs with a currently accepted medical use and a potential for abuse that is lower than Schedule IV. Some examples are Lyrica and cough suppressants.
A controlled substance is a drug or chemical whose manufacture, use, or possession is regulated by the federal government. A Controlled Substance can be an illicit substance like cocaine, cocaine base, fentanyl, or methamphetamine, or a prescription medication like Oxycontin, Percocet, Xanax, or Adderall.
The federal government derives its jurisdiction under the Commerce Clause. The U.S. Constitution, Article I, Section 8, Clause 3 grants Congress the power to regulate commerce. Throughout the history of Commerce Clause regulation, much deference has been given to Congress’s broad ability to regulate activities that have an effect on interstate commerce. Thus, if the government can find a tie between the drug charge or controlled substance offense and the Commerce Clause, then you can be prosecuted federally.
Oftentimes, the government prosecutes a Controlled Substance Offense or drug case based upon where the drug originated. For example, in Connecticut you cannot cultivate or grow cocaine. Thus, the cocaine had to travel from another state, or country, before it entered Connecticut. The interstate nature of the cocaine triggers the Commerce Clause and gives the government jurisdiction to prosecute. Additionally, if the government alleges that the person used a cellular telephone or transported any of the substances from one state into Connecticut, then the government will have federal jurisdiction to prosecute the offense.
Many federal drug charges or drug trafficking charges are brought under 21 U.S.C. §841(a), which makes it a crime to:
1manufacture, distribute or dispense, or possess with intent to manufacture, distribute, or dispense a controlled substance; or
2 to create, distribute, or dispense, or possess with intent to distribute or dispense, a counterfeit substance.
21 U.S.C. §841(b) contains the penalty provisions, which can vary greatly and may involve a severe mandatory minimum sentence. Most times, the sentence will be driven by the drug type and quantity.
Under 841(b)(1)(A), there is a mandatory minimum of ten (10) years’ incarceration and a maximum sentence of Life. Some examples are:
1one (1) kilogram or more of a mixture or substance containing a detectable amount of heroin;
2 five (5) kilograms or more of a mixture or substance containing a detectable amount of cocaine, its salts, optical and geometric isomers and salts of isomers;
3500 grams or more of a mixture or substance containing a detectable amount of cocaine, its salts, optical and geometric isomers and salts of isomers;
4 100 grams or more of a mixture or substance containing a detectable amount phencyclidine (PCP) or one (1) kilogram or more of a mixture or substance containing a detectable amount PCP.
5280 grams or more of a mixture or substance containing a detectable amount of cocaine base (crack cocaine); and
Under 841(b)(1)(B), there is a mandatory minimum of five (5) years’ incarceration and a maximum sentence of forty (40) years. Some examples are:
1100 grams or more of a mixture or substance containing a detectable amount of heroin;
2 five (5) kilograms or more of a mixture or substance containing a detectable amount of cocaine, its salts, optical and geometric isomers and salts of isomers;
328 grams or more of a mixture or substance containing a detectable amount of cocaine base (crack cocaine); and
4 10 grams or more of a mixture or substance containing a detectable amount phencyclidine (PCP) or one (1) kilogram or more of a mixture or substance containing a detectable amount PCP.
Under 841(b)(1)(C), there is no mandatory minimum and the maximum sentence is twenty (20) years. For example, if a person is charged with one of the above-mentioned substances, but for a quantity that is less than those listed in (b)(1)(A) or (b)(1)(B), then he will be facing a maximum twenty (20) year sentence without a mandatory minimum.
Many times, when a controlled substance or drug is sold, it contains substances, materials, ingredients, or items in addition to the drug or controlled substance itself. For example, heroin may have additional materials, normally referred to as “cut,” which dilute the actual weight of the heroin being sold. This is normally done to make a larger profit. If a person is prosecuted under 841, and the government uses the term “a mixture or substance containing a detectable amount of,” it can prosecute the person for the full weight of the substances seized. For example, if the government obtains ten (10) grams of heroin from a person, and then the laboratory analyzes this heroin, it may reveal that there is only 1.5 grams of heroin and the remaining 8.5 grams are another substance or “cut.” However, with this language, the government is allowed to prosecute the person for the entire 10 grams using the “mixture and substance” language.