The distribution of illicit drugs is a crime. While Michigan has legalized recreational cannabis, there are still many drugs that are illegal to possess and consume in Michigan. There are also many restrictions on the use of legalized cannabis.
Some people decide that the financial gain of circumventing the law or the desire to do a favor for a loved one makes the risk worth taking. Those trying to limit their direct exposure to law enforcement might consider sending drugs to a specific location in the mail. Doing so puts a person at risk of not just prosecution but a federal charge.
Certain factors affect jurisdiction
There are many different reasons why law enforcement professionals treat an offense as a federal crime rather than a state offense. Crossing state lines with drugs could lead to federal charges. Even when arranging for delivery within the state of Michigan, federal prosecution is possible if mailing drugs using the United States Postal Service (USPS).
In a case involving a resident on the other side of the state, police officers witnessed him retrieve a package at a home other than his residence that had cocaine inside. His travel records and criminal history allowed for a clear-cut federal case. In some cases, those mailing drugs might use another person’s name or address, especially if they know the property is vacant or only inhabited for part of the year.
Sometimes, those accused of a federal drug offense did not actually break the law, or have reason to mount a strong defense. Yet, those hoping to fight federal drug charges often need help assessing the situation and planning a response. Federal drug charges carry mandatory minimum sentences and require a different approach than state charges. Understanding the basis for federal prosecution can help people as they prepare a criminal defense.
