Most drug crimes in Texas are handled by state courts. But in some cases, the federal government gets involved. That’s when things can get more serious. Federal drug cases often come with tougher penalties and more time in prison.
Knowing what makes a drug crime a federal offense can help you understand what you or a loved one may be facing. Here’s a breakdown of when drug charges become federal, what situations trigger federal investigations, and how federal drug sentencing works.
State vs. Federal Drug Charges
Texas has its own laws for crimes like drug possession, delivery, and manufacturing. These laws apply when the offense happens within the state and doesn’t cross into other areas or involve federal property or agencies.
Federal charges come into play when certain things happen. For example, if a person transports drugs across state lines or into another country, federal laws may apply. If someone is arrested by a federal agency like the DEA, the case may also go to federal court. Crimes that happen on federal property, like military bases or national parks, may automatically become federal matters.
The main difference between state and federal drug charges is who handles the case and what penalties come with a conviction. Federal courts usually have stricter rules and longer sentences, especially for large drug cases or when someone is accused of working with a group or gang.
What Makes a Drug Crime Federal?
Not all drug cases are federal. But certain situations make it more likely. Here are some common reasons a drug crime may become a federal offense:
Interstate or International Trafficking
If someone is accused of moving drugs across state lines, such as from Texas to Oklahoma or Louisiana, the federal government can take over. The same is true for drugs coming into the U.S. from other countries. Once borders are crossed, federal agencies may get involved.
Large Amounts of Drugs
The size of the drug operation matters. Cases involving large quantities of illegal drugs, like hundreds of pounds of marijuana or several kilos of cocaine, are more likely to be federal. These cases may also include charges like drug trafficking or drug manufacturing.
Federal Property
A drug crime that happens on property owned by the federal government can result in federal charges. This includes post offices, airports, federal buildings, national parks, and military bases.
Involvement of Federal Agencies
If the DEA, FBI, Homeland Security, or another federal agency investigates or arrests someone, the case often goes to federal court. Federal agents usually handle bigger drug investigations that cross states or involve organized crime.
Drug Conspiracy
If someone is accused of planning or working with others to commit a drug crime, they may face conspiracy charges. These charges often fall under federal law, especially if more than one state is involved or if the group is tied to organized crime.
Gangs or Organized Crime
People accused of drug activity linked to gangs or crime groups may face federal charges. These groups are often investigated by both state and federal law enforcement. If there’s enough evidence of a large-scale operation, the case may go to federal court.
Cross-Jurisdiction Cooperation
Sometimes state and federal prosecutors work together. If local police find a large drug stash or suspect a larger network, they may contact federal agents. If the feds agree to step in, the case can be handled in federal court.
Penalties in Federal Drug Cases
Federal drug penalties are usually more serious than state penalties. In many cases, there are mandatory minimum sentences. This means that if someone is convicted, the judge must give at least a certain number of years in prison.
Here are some examples of federal mandatory minimum sentences:
- 10 years to life in prison for:
- 1,000+ kilograms of marijuana
- 1 kilogram or more of heroin
- 5 kilograms or more of cocaine
- 50 grams or more of pure methamphetamine
- 10 grams or more of LSD
- 5 to 40 years in prison for:
- 100+ kilograms of marijuana
- 100 grams or more of heroin
- 500 grams or more of cocaine
- 5 grams or more of pure meth
- 1 gram or more of LSD
Other factors can increase the sentence even more. If someone has a prior drug conviction, used a weapon, or caused serious injury or death, the punishment will be harsher. Fines in federal cases can also reach millions of dollars.
What to Expect from a Federal Drug Investigation
Federal drug cases often take longer to investigate. These cases can include wiretaps, surveillance, undercover agents, and informants. Because the stakes are higher, the government usually builds a strong case before making an arrest.
Once charges are filed, the case moves quickly. Federal court rules are stricter. There may be less time to work out a deal or challenge the evidence. That’s why it’s important to get legal help early.
Facing Federal Drug Charges in Dallas?
If you or someone close to you is dealing with a federal drug charge in Dallas, don’t wait to get help. These cases can lead to long prison sentences, big fines, and a federal criminal record.
An experienced criminal defense lawyer can review your case, explain your rights, and help you figure out the best path forward. Federal courts are different from state courts, and they follow their own set of rules. You’ll want someone on your side who knows how to handle federal cases and who’s ready to fight for you.
Call Gallian Firm today at (214) 432-8860 to schedule a free consultation. We’re ready to help you go through this situation and protect your future.