Drug crimes are regulated by all fifty states, as well as the federal government, which have enacted laws that address the possession, use, manufacture, and sale of certain drugs. Each crime has its standards and penalties, especially in terms of the severity of the drug crime that was committed.
Common examples of drug crimes include:
- Possession: Drug possession is the most common offense in terms of drug crimes. Drug possession charges generally arise when a person is knowingly in possession of a drug without authorization, such as when a person possesses a prescription drug without a valid prescription. Generally speaking, drug possession charges consider the amount of the drug, and penalties may vary according to whether the amount is for personal use or for sale and distribution;
- Manufacturing: Drug manufacturing generally involves creating or “cooking” a synthetic chemical substance, or extracting a natural drug. Examples of this would be cooking methamphetamines, or growing illegal cannabis. Additionally, packaging a drug for resale could constitute manufacturing;
- Use: The use of illegal drugs can be a criminal act, especially in cases in which the drug requires a prescription from a doctor and the offender does not have the required prescription;
- Distribution: This includes the sale, smuggling, trafficking, and/or delivery of illegal substances; and
- Drug Trafficking: A drug trafficking charge includes behavior such as the possession, manufacture, sale, purchase, and/or delivery of illegal or controlled substances. Essentially, if you are involved in the illegal sale, transport, and/or importing of an illegal drug or controlled substance, or if you intended to sell or deliver the drug, you could face trafficking charges.
- Additionally, the charge is not limited to the sale and distribution of illegal drugs; it can also apply to the illegal sale and distribution of prescription drugs, such as pain killers, opioids, and hydrocodone products. Trafficking is generally considered to be one of the most serious drug offenses, resulting in felony charges instead of misdemeanors.
The legality of most drugs is determined by how it is being used, and what it is being used for. An example of this would be how cannabis is currently illegal in many states, while some states allow it for recreational use, and others allow it only with a medical prescription. It would be considered a prescription drug in such states; prescription drugs are considered legal for those who have a valid prescription. However, if you possess or use a prescription drug without a prescription from a doctor, you may be charged with a drug crime.
Generally speaking, a controlled substance is a drug that is regulated by the government and can have a detrimental effect on a person’s health and welfare. As such, they are strictly controlled by government regulation. The Controlled Substances Act classifies these drugs into five schedules based on:
- Medicinal value;
- Potential for abuse;
- Safety to the public; and
- Likelihood for dependency.
What Are Synthetic Drugs?
The term “synthetic drugs” previously referred to specific types of drugs that were manufactured for use in the party scene, specifically Ecstasy and other MMDA variants.
However, the category has expanded to include:
- Prescription drugs such as Oxycontin and methadone;
- “Date rape” drugs such as ketamine and others;
- Synthetic versions of plant-based substances, such as Spice or synthetic cannabis;
- “Chemical cocktail” drugs, such as bath salts and mixtures of different street drugs;
- Substances intended to mimic the effects of LSD, cocaine, and other drugs; and
- Newer drugs like Flakka, which can have a variety of unknown effects and consequences and will be further discussed below.
In recent years, the term “synthetic drug” has expanded party-scene club drugs to include more “designer” drugs, such as methamphetamine. They are manufactured in a laboratory, and are sometimes originally made for legitimate legal uses but are abused for illegal purposes. Alternatively, they may be produced in clandestine laboratories in order to serve the international illegal drug market.
Synthetic drugs are legal substances that are sold in innocuous packages that are labeled as “potpourri”, “spices”, or “incense.” They may be marked by the words “not intended for human consumption,” although people still consume them for illicit purposes.
The manufacturers of synthetic drugs frequently modify the chemistry of illegal or controlled substances in order to create a drug that cannot be identified as a controlled substance under existing drug laws. Alternatively, they may label the substances as “not for human consumption” in order to mask their intended purpose, and avoid Food and Drug Administration (FDA) regulation of the manufacturing process.
Synthetic drugs can be divided into two categories, which are based on their chemical makeup:
- Cannabinoids: These are chemicals that mimic the effect of THC, and have names such as “K2” and “Spice;” and
- Stimulants: Most of these contain chemical compounds that mimic the effects of cocaine, LSD, or methamphetamine.
Fentanyl is an example of a synthetic synthetic opioid, or drugs that have effects similar to those of morphine, which is an opium derivative. However, it is 80 to 100 times stronger than morphine. Because fentanyl is manufactured legitimately and prescribed for pain management, it is applied via a patch on the skin.
However, because of its powerful opioid properties, fentanyl is also used for illicit purposes. Some underground manufacturers add it to heroin in order to increase its potency, or they disguise it as highly potent heroin. Users may believe that they are purchasing heroin, unaware that they are buying something much stronger and more dangerous.
Is Taking Flakka Illegal?
Flakka is a designer drug that is sometimes referred to as “gravel,” because of how it looks. The drug, sometimes spelled Flocka, resembles gravel because it consists of tiny white or pink crystals. It is derived from a West African plant called khat, which is used in places such as Ethiopia, Saudi Arabia, and the Horn of Africa in order to get high and/or relax. Flakka specifically is a synthetic form of the plant.
The drug interferes with the neurotransmitter in the brain. As such, people who consume the drug may:
- Suffer from extreme paranoia;
- Suffer delusions;
- Become restless; and/or
- Become aggressive.
People can experience muscle and kidney damage, as well as heart problems, after taking the designer drug. In some cases, those who have consumed Flakka engage in highly disturbing behavior, such as:
- Attacking or biting people;
- Taking off their clothes involuntarily; and/or
- Contorting their bodies into unnatural positions.
Flakka is mainly sold in Asia, although people are buying the drug over the Internet and distributing it in the United States. Certain states, such as Texas, Kentucky, Ohio, and Tennessee are experiencing an especially dramatic increase of people using the drug. Florida has also seen a spike in Flakka users in some counties.
While adolescents and young adults are the most common users of Flakka, its use may be spreading to other demographics. The drug is popularly used as an alternative to other drugs such as cannabis or methamphetamines.
What Are The Criminal Penalties For Possessing Flakka?
In 2014, the U.S. Drug Enforcement Agency (“DEA”) added Flakka to its restrictive list of controlled substances. This makes it easier for the federal government to prosecute sellers of Flakka, and possible penalties also increase to a 10-year sentence if the defendant is convicted.
A potential sentence for possessing Flakka largely depends on the jurisdiction and the facts of each specific case. An example of this would be possession may be a misdemeanor with a fine and one year in jail. Possession of higher amounts with intent to distribute may result in higher fines and longer jail time, as well as possible felony charges.
Do I Need A Lawyer For Flakka Possession Charges?
If you are facing Flakka charges, you should contact a drug lawyer immediately. They can help you understand your legal rights and options according to your state’s specific laws, and will also be able to defend you in court, as needed.
You should also consult a counselor or drug specialist if someone you know is being affected by Flakka.
