Written By:Adam H. Rosenblum
Your Dedicated & Trusted Legal Team
3 Generations & 100+ Years of Combined Legal Experience
In addition to the run-of-the-mill drug offenses encountered in New Jersey, there are three other drug crimes that people find themselves charged with.
If you were recently caught investing drug profits, selling drug paraphernalia, or importing/exporting controlled substances, the following information will help you better understand the charges you might face.Remember, all three of the following crimes are not officially recognized in NJ, but they are federal offenses.
This means you will be subjected to the full effect of the federal criminal justice system and could face jail time in a federal prison.Be sure to contact an experienced criminal defense attorney who can help you make sense of these charges and fight for your liberty.
Investment of Illicit Drug Profits [21 USC § 854]
Investing drug profits is a federal crime and treated quite seriously throughout the United States.
According to 21 USC § 854, it is unlawful for a person who has received any income derived from the selling or distribution of a controlled substance to invest any part of that income or its proceeds in activities that affect interstate or foreign commerce.
If convicted of investing drug profits, you can face a fine of up to $50,000 and a prison sentence of up to 10 years. Additionally, a federal conviction is exceptionally difficult to explain away to a potential employer and usually makes securing employment very challenging. If facing a charge for this, it is highly advised that you contact a criminal defense attorney as soon as possible.
Sale of Drug Paraphernalia [21 USC § 863]
Many know that possessing drug paraphernalia is illegal in New Jersey. However, very few know that they can be brought up on federal charges for selling drug paraphernalia.
Under 21 USC § 863, it is illegal for anyone to: 1) sell or offer for sale drug paraphernalia, 2) use the channels of interstate commerce (e.g. roads, rails, the mail, etc.) to transport drug paraphernalia, or 3) import or export drug paraphernalia.
Although possessing drug paraphernalia in NJ carries a relatively light prison sentence, do not be fooled. A conviction for the federal crime of selling drug paraphernalia could land you behind bars for up to 3 years in federal prison. Furthermore, any drug paraphernalia involved is subject to seizure and forfeiture upon a conviction.
Since the federal government is quite specific about what counts as drug paraphernalia, we took the liberty of including for you the exact definition of what the term means.
According to federal law, the term “drug paraphernalia” means any equipment, product, or material of any kind that is primarily intended or designed for use in manufacturing, compounding, converting, concealing, producing, processing, preparing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance.
This includes items such as:
- Air-driven pipes
- Carburetion tubes and devices
- Carburetor pipes
- Chamber pipes
- Cocaine freebase kits
- Electric pipes
- Ice pipes or chillers
- Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls
- Miniature spoons with level capacities of one-tenth cubic centimeter or less
- Roach clips (i.e. objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand)
- Smoking and carburetion masks
- Water pipes
- Wired cigarette papers
Importation and Exportation of Controlled Substances [21 USC § 952]
Under 21 USC § 952, it is illegal to import or export into theUnited Statesfrom any place outside thereof any controlled substance or illicit substance.
However, under extremely limited circumstances, exceptions exist for very specific scientific research and limited quantities permitted by the Attorney General.
Nevertheless, these exceptions are rarely applicable. If you are found guilty of importing/exporting controlled substances, you can face up to 5 years in prison and a $250,000 fine. Ultimately, all three of these federal offenses are serious and carry with them tremendous risks if you are convicted.
Be sure to hire an experienced criminal defense attorney who has the skills to protect your legal rights and liberties.
Who Should You Contact?
If you or a loved one has been charged with investing drug profits, selling drug paraphernalia, or importing/exporting controlled substances, contact Adam H. Rosenblum of Rosenblum Law today. His team of criminal defense attorneys will do what they can in order to protect your legal rights and fight to keep you out of prison. E-mail or call 888-815-3649 today.
How to Cite Rosenblum Law’s Article
Adam H. Rosenblum (Aug 30, 2012). Federal Drug Crimes. Rosenblum Law Firm, https://rosenblumlaw.com/our-services/criminal-defense/new-jersey-drug-charges/federal-drug-crimes/
Adam H. Rosenblum "Federal Drug Crimes". Rosenblum Law Firm, Aug 30, 2012. https://rosenblumlaw.com/our-services/criminal-defense/new-jersey-drug-charges/federal-drug-crimes/