IT IS SAID that your life can change forever in a
matter of seconds. When a person
mixes alcohol or other drugs and the legal system, the combination can easily become life-changing. For a
variety of reasons, the lawmaking
bodies of most countries, especially the United States, have decided to suppress illegal drug use by making
drug laws harsh and certain. All who
deal with drugs in an illegal manner are thus at risk for penalties that can disrupt their own lives and
those of their families.
The use of almost all the drugs discussed in this
book could involve violations of the
law, depending on the
circumstances. Many of these drugs are
illegal in all circumstances—manufacturing, distribution, and possession. Others are legal when prescribed, but
not for recreational use. Still
others, such as alcohol, can be legal for
adults, but their use is prohibited
for underage individuals and for activities
such as driving a car or operating a boat.
This chapter is written to inform readers about very
basic laws and principles that come into play around drug issues. It is
not intended to give advice about dealing with the law-enforcement
community or the judicial system. If you feel that you need that advice,
find a good lawyer and ask her all of your questions before you become
legally involved.
THE
PRINCIPLES
I While laws exist regarding the rights of a law
officer to search someone's car or
home, this very complicated issue is often decided in the courts in individual cases. Generally you have the
greatest "expectation of
privacy" in your home. There is less expectation of privacy in a car, and the least when you are out in public.
2.
If a law-enforcement officer suspects you of a
crime and really wants to search you
or your car, you will be searched, whether or not you give permission. If you give your permission, the
search will almost certainly be considered legal. If you refuse permission, the
search may or may not be legal, but
it may happen anyway. The debate over whether
the search was permitted and legal will begin in the court system. The easiest way to avoid trouble is to
avoid situations in which a random
and unexpected search will yield anything illegal.
3.
A person who is innocent of any crime but is with
someone arrested for possessing drugs
may become involved with the legal system until her innocence is proven. By that time, she may have incurred large financial burdens (e.g., an expensive lawyer),
terrified her family, and spent some
time under arrest.
4.
'the penalties for drug-related activities can be
horrendous, especially in the United
States federal judicial system, and particularly for selling drugs. Many casual drug users do not realize that
simple possession of a modest amount
of a drug can automatically be considered "intent to distribute," whether or not they actually plan
to sell the drug.
5.
You do not have to be on government property to be
in violation of federal law. The
federal drug laws apply everywhere in the United States and US territories at all times.
6.
State and federal laws can be extremely strict
about the use of guns in the commission of crimes. The possession of a gun—even
just having one in the vicinity of a
drug-law violation canadd many years onto the sentence for the original crime.
Many people believe that they are "safe" from serious legal
consequences because they know the local officials, or because they believe the penalties are not serious. They are
wrong. First, it a local official were to interfere with a prosecution, she could be prosecuted for obstruction of
justice or public corruption. Second, an arrest by a
state or local officer can easily be referred to federal prosecutors not
subject to local political influence. Third, in many states and in the federal
system there is no parole. Even worse, in some cases "minimum
mandatory" sentencing laws give the judges practically no leeway for reduced sentences.
8. Your rights as a US
citizen do not apply in foreign countries, and the legal consequences of
drug-law violations in some places can literally mean death.
