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Controlled Substance Law

The United States, recognizing the danger of the use of certain substances for non-scientific and non-medical purposes, is in joint cooperation with the rest of the world in controlling the manufacture and distribution of these substances. These substances, while known to have legitimate medical use, are dangerous when used without prescription and are habit-forming.

The Controlled Substances Act categorizes these substances under specific schedules. States adopt the schedules in a similar way. The drugs identified in the schedules under the CSA change from time to time, as a result of new research findings on the effect of their abuse or on specific incidences that lead to the drug's becoming more dangerous. Substances under the Controlled Substances Act may be purchased legally with permission. Controlled substance law prohibits the unauthorized possession of these drugs. Laws governing controlled substances are in place in both federal and state level, as the government has recognized that increasing interstate and foreign trade of these laws.

Violations of controlled substance laws can result to penalties, which include fines and prison time, the severity of which may be determined by the quantity of the controlled substances involved and whether the offender has past convictions for similar crimes. Controlled substance law is complicated. Prosecutors will determine the charge, depending on his interpretation of the investigation completed by law enforcement agencies. When facing charges of violation of controlled substance law, it is a good idea to retain the help of a controlled substance law attorney in order to review the charges to be filed by the prosecutor. Offenses enumerated under controlled substance laws differ by specific words and these words can mean a lot in terms of penalties and prison time. A controlled substance law attorney has knowledge on every nook and cranny of the language of controlled substance laws, giving the defendant assurance that he cannot be charged for a crime he didn't commit. Moreover, ordinary citizens are not in the know as to the specific substances listed under the CSA, and, often, their possession of a certain drug may be as a result of innocent unauthorized possession. The law, however, does not excuse ignorance, but it will help if the defendant has a controlled substance law attorney who will try to bring down penalties or jail time.

Like all other crimes, persons charged with violations of controlled substances law are granted rights so that they are protected from unreasonable search and seizure. Law enforcement agencies in the United States are zealous in their pursuit of controlled substances law violators. It is typical for law enforcement agencies to conduct search and seizure without the appropriate warrant under certain circumstances, often resulting to invasion of the individual's privacy. Searches are usually conducted in numerous ways, such as traffic stops, wiretapping or eavesdropping. When a search and seizure is conducted illegally, the defendant can bring that up in court as the evidence resulting from such search and seizure, which were illegally obtained, cannot be used against him. The defendant, however, must need an attorney so that whatever he says cannot be used against him.

An expert controlled drug law attorney would also be informed of alternative sentencing and can advise a defendant to plead guilty to the drug crime in exchange for lesser fine and jail time or for a so-called "drug court," which involves a more-relaxed proceeding aimed to give drug abusers the chance to lead a clean life.

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