Project Safe Neighborhoods
Quick Reference to Federal Controlled Substances Laws
Controlling Principles of Federal Drug Prosecutions
While the United States Attorney s Office has concurrent jurisdiction with state prosecutors over most drug offenses constitutional principles of federalism dictate that the option of federal prosecution cannot be considered as a substitute for state prosecution in every instance. Rather, federal prosecution is intended to supplement state and local law enforcement efforts. Federal prosecution is usually therefore only appropriate when there is a "federal interest" in a constitutional sense, e.g., a case with multiple jurisdictional implications, a case involving a special presidential initiative, or a case involving a violent or repeat offender.
I. Manufacturing, Distributing, or Possessing with the Intent to Distribute a Controlled Substance
21 U.S.C. 841(a) The statute provides for progressive penalties that are dependent upon both the identity and quantity of the controlled substance. Penalties are increased for repeat offenders and for the manufacture or distribution of controlled substances in school zones, public housing projects, and at certain youth centers or swimming pools. Likewise, the use of juveniles to distribute drugs calls for a higher sentence. Recent Supreme Court decisions require the amount of the controlled substance to be alleged in the indictment and proven beyond a reasonable doubt. For that reason, lab reports pertaining to the seized drug are generally required before federal prosecution can be considered.
II. Possession of Listed Chemicals with the intent to Manufacture a Controlled Substance
21 U.S.C. 841(c) A "listed chemical" is a chemical specified by the Attorney General of the United States as a chemical used in the illegal manufacturing of a controlled substance. Examples include ephedrine or pseudoephedrine used in the production of methamphetamine. Substances designated as a "listed chemical" change from time to time as necessary to combat the production of new and different controlled substances.
III. Attempt or Conspiracy to Commit a Controlled Substance Offense
21 U.S.C. 846 Carries same penalties as underlying offense. Conspiracy is used often in the federal prosecution of major drug trafficking organizations under the OCDETF program. OCDETF is the acronym for Organized Crime and Drug Enforcement Task Force. It involves the investigation of major drug organizations through the coordinated efforts of federal, state, and local investigative agencies. If you stop an individual whom you have reason to believe is associated with a large drug distribution network, please contact your local DEA office or the United States Attorney as quickly as possible.
IV. Maintaining a Place for Tile Purpose of Manufacturing, Distributing, or Using a Controlled Substance
21 U.S.C. 856(a) Carries a penalty of up to twenty years imprisonment for keeping a place—including a private residence—for using, making, or distributing a controlled substance.
V. USING OR CARRYING A FIREARM DURING AND IN RELATION TO OR POSSESSING A FIREARM IN FURTHERANCE OF A DRUG TRAFFICKING CRIME
18 U.S.C. 924(c) Carries a mandatory minimum sentence of at least 5 years imprisonment which must be served consecutively to any sentence imposed on the underlying drug-trafficking offense.
FOR INFORMATION OR QUESTIONS, OR TO MAKE A REFERRAL FOR PROSECUTION, PLEASE CONTACT:
United States Attorneys Office
Southern District of Illinois
Fairview Heights (618) 628-3700
Benton (618) 439-3808
Drug Enforcement Administration
Fairview Heights (618) 628-0025
Carbondale (618) 457-3605