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Anti-Drug Legislation Matrix

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| Is marijuana illegal? | What are the penalties for possession of cocaine? | What are the penalties for possession of heroin? | What are the penalties for possession of prescription drugs? | What is the blood alcohol level for a driving while intoxicated (DWI) or driving under the influence (DUI) crime? | Is there extreme DWI or DUI? If so, what is the punishment? | Federal | | | | | | | <State 1> | | | | | | | <State 2> | | | | | | | <State 3> | | | | | | |

1. Where do you see the largest variance between federal and state anti-drug legislation?

2. What is the purpose of anti-drug legislation in relation to public order crime?

Federal

Despite medical cannabis laws in 40 states, cannabis is still illegal under federal law. Federal marijuana law.

(2016). Retrieved from http://www.safeaccessnow.org/federal_marijuana_law

Under federal law, a person with no prior federal or state convictions of possession of any narcotic who is convicted of a first offense of cocaine possession may be sentenced to not more than one year in prison, fined not less than $1,000, or both. A person convicted of cocaine possession after a prior conviction of possession of cocaine or any other narcotic in either federal or state court may be sentenced to not less than 15 days and not more than two years in prison, fined not less than $2,500, or both. Two or more prior convictions of possession of any narcotic in federal or state court may lead to a sentence of not less than 90 days in prison, a fine of not less than $5,000, or both. The term of imprisonment and the amount of the fine maybe affected by the quantity of the drug seized. A charge of possession with intent to distribute (sell) cocaine greatly increases the penalties.

Cocaine possession. (2016). Retrieved from http://www.criminaldefenselawyer.com/resources/criminal-defense/crime-penalties/cocaine-possession.htm

When heroin possession is charged as a federal offense in federal court, a person who is convicted of a first offense of heroin possession, who has no prior convictions of possession of any narcotic (be they in federal or state court) may be sentenced to not more than one year in prison, fined not less than $1,000, or both.

Heroin possession:charges, penalties, and defense. (2016). Retrieved from http://www.criminaldefenselawyer.com/resources/criminal-defense/drug-charges/heroin-possession-charge.htm

The penalties for possession of prescription drugs (controlled substances) range from fines, probation, diversion, and rehabilitation.

Possession of a controlled substance:drug possession laws. (2016). Retrieved from http://www.criminaldefenselawyer.com/crime-penalties/federal/Possession-Controlled-Substance.htm

The current allowable blood alcohol content level when operating a motor vehicle on Federal land is .08, the same level the law pressured states to adopt. This is the equivalent of .08 grams of alcohol per 100 ml of blood or 210 liters of breath.

Federal DUI laws and how they pertain to you. (n.d.). Retrieved from http://www.drunkdriversrights.com/federal-dui-laws/

Extreme DUI or DWI is when the tests reveal that the When tests reveal that a suspected DUI driver has a BAC that is extremely high, the crime moves into the realm of an aggravated DUI. Also known in this instance as an "extreme DUI," the offense carries the possibility of greater prison terms and higher fines.

Aggravated DUI. (2016). Retrieved from http://dui.findlaw.com/dui-charges/aggravated-dui.html

Virginia

Marijuana is illegal in the state of Virginia, and it does not recognize medical marijuana.

Virginia marijuana laws. (2016). Retrieved from http://statelaws.findlaw.com/virginia-law/virginia-marijuana-laws.html

A cocaine possession conviction can result in up to 2 years in prison and fines reaching $2,500. Though it’s rare for a defendant to be sentenced to the maximum allowable penalty, it does happen.

Cocaine possession charge in virginia?. (2016). Retrieved from http://www.vacriminaldefenselawyer.com/possession-cocaine/

If you are charged with possession of heroin, you could face up to 10 years in prison and a fine reaching $2,500.

Heroin possession charge in virginia?(2016). Retrieved from http://www.vacriminaldefenselawyer.com/possession-heroin/

It is illegal in Virginia to possess prescription drugs without a valid medical prescription according to the type and amount of prescription drugs involved in the violation and whether the offense was a first or subsequent violation. Schedule I or II include a fine of up to $2,500, up to one year in jail, or both; or at least one year (and up to ten years) in prison.

Possession of a controlled substance in virginia . (2016). Retrieved from http://www.criminaldefenselawyer.com/resources/criminal-defense/drug-charges/virginia-drug-possession-laws

Blood Alcohol Content for the state of Virginia is .08%.

Virginia DUI laws, penalties, and fines. (2016). Retrieved from http://dui.drivinglaws.org/virginia.php

The higher the BAC, the higher the stakes. If your BAC is .15 percent but less than .21 percent at the time of arrest, there is a mandatory minimum five-day jail sentence for a first offense in addition to the existing penalties. A BAC of .21 percent or more carries a minimum ten-day stay in jail. If an aggravated DUI like this one occurs twice in a 10-year period, the minimum jail sentence rises to 20 days.

Virginia DUI penalties among toughest in nation . (2016). Retrieved from http://www.ronaldsmithlaw.com/Articles/Virginia-DUI-Penalties-Among-Toughest-in-Nation.shtml

Illinois

The cultivation, trafficking, sale, or possession of marijuana is a crime in Illinois under the state's Controlled Substances Act.

Illinois marijuana laws. (2016). Retrieved from http://statelaws.findlaw.com/illinois-law/illinois-marijuana-laws.html

Penalties for possession of cocaine in the state of Illinois are as follows:

Possession Less than 15 g.: Class 4 felony, fine of up to $25,000 or 1-3 yrs.; 15-99 g.: Class 1 felony, mandatory 4-15 yrs.; 100-399 g.: mandatory 6-30 yrs.; 400-899 g.: mandatory 8-40 yrs.; Over 900 g.: mandatory 10-50 yrs.; Fines for any offense involving 100 g. or more: greater of $200,000 or street value

Illinois cocaine laws. (2016). Retrieved from http://statelaws.findlaw.com/illinois-law/illinois-cocaine-laws.html

Penalties for possession of heroin in the state of Illinois are as follows:

Less than 15 g.: Class 4 felony, fine of up to $25,000 or 1-3 yrs.; 15-99 g.: Class 1 felony, mandatory 4-15 yrs.; 100-399 g.: mandatory 6-30 yrs.; 400-899 g.: mandatory 8-40 yrs.; Over 900 g.: mandatory 10-50 yrs.; Fines for any offense involving 100 g. or more: greater of $200,000 or street value

Illinois heroin laws. (2016). Retrieved from http://statelaws.findlaw.com/illinois-law/illinois-heroin-laws.html

Penalties for possession of prescription drugs unlawfully are as follows:

Under the sentencing guidelines for prescription drug possession, a conviction can result in a sentence that ranges from a Class 4 felony to a Class X felony. The sentencing guidelines impose a sentence of one to three year years in state prison and/or a fine of up to $25,000 for a Class 4 felony. If you are convicted of a Class X felony, you face criminal exposure of six to thirty years in the state penitentiary and a fine of $25,000. Because these are only sentencing guidelines, it is imperative to obtain prompt legal representation if you are accused of unlawful possession of a prescription medication via fraud, other illegal means, or even if you have a valid prescription from your physician.
Prescription drug possession . (2016). Retrieved from https://www.chicagocriminallawyer.pro/prescription-drug-possession.html

Blood alcohol content for the state of Illinois is .08%

Illinois DUI laws, penalties, and fines. (2016). Retrieved from http://dui.drivinglaws.org/ill.php

In Illinois, any DUI offense resulting in felony charges is classified as Aggravated DUI. Any mandatory term of imprisonment or community service is not subject to suspension or reduction. Any person sentenced to probation or conditional discharge also must serve a minimum 480 hours of community service or 10 days imprisonment.

Aggravated DUI includes the following offenses:

DUI includes the following offenses:

* Third or subsequent DUI (Class 2 felony; penalties vary according to offense). * DUI committed while driving a school bus carrying one or more persons age 18 or younger (Class 4 felony). * DUI committed while driving a vehicle for-hire carrying one or more passengers (Class 4 felony). * DUI resulting in great bodily harm, permanent disability or disfigurement (Class 4 felony). Revocation of driving privileges for a minimum of 2 years. * Second or subsequent DUI committed while transporting a child under age 16 (Class 2 felony; penalties vary according to offense). * DUI committed while transporting a child under age 16 and involved in a crash that resulted in bodily harm to the child (Class 2 felony; penalties vary according to offense). * DUI committed without a valid driver’s license or permit (Class 4 felony). * DUI committed without vehicle liability insurance (Class 4 felony). * DUI committed after a previous conviction for reckless homicide while DUI or Aggravated DUI involving a death (Class 3 felony). * DUI committed in a school zone while the restricted speed limit is in effect and involved in a crash that resulted in bodily harm (Class 4 felony). * DUI committed while revoked or suspended for DUI, reckless homicide or leaving the scene of a personal injury or death (Class 4 felony). Any penalty imposed is in addition to the penalty for any subsequent DUI violation. Revocation period determined by offense. DUI resulting in a death (Class 2 felony). Revocation of driving privileges for a minimum of 2 years from the effective date of the revocation or from the date of release from incarceration for the offense.

Illinois aggravated DUI. (2016). Retrieved from http://dui.drivinglaws.org/resources/illinois-aggravated-dui.htm

Texas

Marijuana is illegal in the state of Texas.

Texas marijuana laws. (2016). Retrieved from http://statelaws.findlaw.com/texas-law/texas-marijuana-laws.html
Possession of cocaine in the state of Texas penalties are as follows:

Less than 1 g.: state jail felony; 1-4 g.: 3rd degree felony; 4-200 g.: 2nd degree felony; 200-400 g.: 1st degree felony; 400 g. and over: 10-99 yrs. or life at Texas Dept. of Criminal Justice institution and/or $100,000

Texas cocaine laws. (2016). Retrieved from http://statelaws.findlaw.com/texas-law/texas-cocaine-laws.html

Possession of heroin in the state of Texas penalties are as follows:

Less than 1 g.: state jail felony; 1-4 g.: 3rd degree felony; 4-200 g.: 2nd degree felony; 200-400 g.: 1st degree felony; 400 g. and over: 10-99 yrs. or life in Texas Department of Criminal Justice institution and/or $100,000

Texas heroin laws. (2016). Retrieved from http://statelaws.findlaw.com/texas-law/texas-heroin-laws.html

Penalty Groups 3 and 4 include common prescription drugs, and could result in minimums of one year in jail and fines of about $4000.

Drug possession laws. (2016). Retrieved from http://www.drugpossessionlaws.com/texas/

Blood alcohol concentration limit in the state of Texas is 0.08%

Texas DUI & DWI laws & enforcement . (2016 ). Retrieved from http://Drug possession laws. (2016). Retrieved from http://www.drugpossessionlaws.com/texas/

All DWI offenses are serious, but some are extremely grave, such as intoxication assault and intoxication manslaughter.
You can be charged with intoxication assault if, while drunk driving, you cause serious bodily injury to another person.
For these purposes, Texas considers serious bodily injury to be an injury that causes: * A significant risk of death. * Serious and permanent disfigurement or loss. * Damage that impairs function of a body part or organ.
If you're convicted, you'll have a 3rd degree felony.
Intoxication Manslaughter
As the name suggests, intoxication manslaughter involves killing another human being while you're operating a motor vehicle under the influence.
If you're convicted, you'll have a 2nd degree felony.

Texas DUI & DWI laws & enforcement . (2016 ). Retrieved from http://Drug possession laws. (2016). Retrieved from http://www.drugpossessionlaws.com/texas/

1. The difference I’ve noticed in the anti-drug legislation between state and federal is the penalties are stiffer federally.
2.The purpose of the anti-drug legislation as it relates to public order crime is that society as a whole is affected by drug crimes. Whether through, possession, distribution, or selling.
It can cause other crimes such as, theft, homicide, and assault which cause a decrease in public order. Public-order offenses are those that disturb or invade society’s peace and tranquility

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