Jurisdictions, Charges and Penalties for Drug Use, Possession, Manufacturing, and More: Governments at every level have laws to regulate drugs. Congress has given the Drug Enforcement Administration the responsibility of enforcing the Controlled Substances Act.
Federal Controlled Substances Act (Title 21 Chapter 13 of the United States Code: Drug Abuse Prevention and Control)
The United States’ Controlled Substances Act (CSA) prohibits unauthorized possession, manufacturing, distributing or dispensing of controlled substances. The law also addresses the distribution of profits made through the drug trade and the impact violating the Act has on eligibility for Federal benefits of various kinds (grants, loans, contracts, and forms of assistance, such as Social Security assistance to families or food stamps). Special prohibitions (and penalties) against distributing drugs to minors or using minors to distribute drugs, as well as prohibitions against distributing near a school, interstate highway or truck stop, are also part of the Controlled Substances Act.
Controlled substances are both illicit drugs or diverted licit drugs (those with a limited legal, medical usage). Federal law also regulates some chemicals (listed chemicals) used to make drugs. Federal law enforcement generally focuses on larger quantities of controlled substances or on interstate or international trafficking of drugs and money laundering. Similarly, penalties are usually much higher than those at the state or local level. For example, a crime that might bring a year in jail at the state level might bring 10 years at the federal level. Congress has given the Drug Enforcement Administration the responsibility of enforcing the Controlled Substances Act.
For more detailed information about the Controlled Substances Act, go to www.dea.gov/pubs/csa.html
1998 Amendments to the Higher Education Act (HEA) of 1965 as amended (PL 105-244, Title IV, Part G, Section 483(f), Suspension of Eligibility for Drug Related Offenses), which amends Title 20 of the U. S. Code, Section 1091(a), regarding how the U. S. Department of Education administers grant programs for higher education:
The above-cited law bars a student convicted of a drug offense while a student in college and receiving federal aid from receiving additional student financial assistance for a specified period of time (a year to indefinite, depending on the offense) from their conviction. The exact language of the law follows:
'(f) SUSPENSION OF ELIGIBILITY FOR DRUG-RELATED OFFENSES-
(1) AMENDMENT- Section 484 is amended by adding at the end thereof the following:
(r) SUSPENSION OF ELIGIBILITY FOR DRUG-RELATED OFFENSES-
(1) IN GENERAL- A student who has been convicted of any offense under any Federal or State law involving the possession or sale of a controlled substance shall not be eligible to receive any grant, loan, or work assistance under this title during the period beginning on the date of such conviction and ending after the interval specified in the following table:
If convicted of an offense involving:
The possession of a controlled substance:
Ineligibility period is:
First offense
1 year
Second offense
2 years
Third offense
Indefinite.
The sale of a controlled substance:
Ineligibility period is:
First offense
2 years
Second offense
Indefinite.
(2) REHABILITATION- A student whose eligibility has been suspended under paragraph (1) may resume eligibility before the end of the ineligibility period determined under such paragraph if--
(A) the student satisfactorily completes a drug rehabilitation program that--
(i) complies with such criteria as the Secretary shall prescribe in regulations for purposes of this paragraph; and
(ii) includes two unannounced drug tests; or
(B) the conviction is reversed, set aside, or otherwise rendered nugatory.
(3) DEFINITIONS- In this subsection, the term 'controlled substance' has the meaning given the term in section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)).'.
(2) EFFECTIVE DATE- The amendment made by paragraph (1), regarding suspension of eligibility for drug-related offenses, shall apply with respect to financial assistance to cover the costs of attendance for periods of enrollment beginning after the date of enactment of this Act.
State Laws
Although there are differences among the states, every state also has specific charges and penalties, prescribed by state laws in relation to drugs. These laws deal with:
- manufacture;
- possession;
- distribution;
- consumption or use;
- related behavior (like driving);
- advertising and labeling.
To learn about the drug laws in your particular state, go to your state government’s website and search for “drug laws.”
Local Laws
Some local jurisdictions pass laws of their own about drugs. To find those, go to your local jurisdictions’ websites and search for “drug laws.”
For more detailed information about the Controlled Substances Act, go to
www.dea.gov/pubs/csa.html