Federal vs State Drug Charges in California: What’s the Difference?

Over the past several years, California and several other states have passed more lenient drug laws. Nevertheless, in most cases, drug possession, sale, and trafficking remain illegal. The laws governing these offenses are complicated. Adding to the complexity is the fact that the same conduct can violate state law, federal law, or both. 

This article helps Californians better understand the differences between federal and state drug charges, including the differences in federal and California drug penalties and diversion options. It will also explain how a Marin County drug lawyer can help you or your loved one with California drug charges. 

What Are the Similarities and Differences Between Federal and California Drug Charges?

California drug crimes are punished under the California Health and Safety Code (Cal. Health and Safety Code § 11350, et seq.). Federal drug offenses are found in the Controlled Substances Act (21 U.S.C. § 801 et seq.).  

Similarities between California and federal drug crimes 

Generally, under either California or federal law, simple possession is punished less harshly than trafficking or manufacturing. Additionally, both jurisdictions consider the weight of the drugs in deciding the sentence. 

Both California and federal law use rankings called “schedules.” Generally, in both systems, the highest schedule – Schedule I – is reserved for drugs that are highly addictive and have no accepted medical use, such as heroin. As a drug’s risk of addiction lowers and the options for medical uses increase, it moves down the schedule. For example, Schedule V of the California Health and Safety Code and the federal Controlled Substances Act both include prescription medications that contain small amounts of drugs, such as cough syrups with codeine. 

Finally, criminal laws generally focus on punishing people for conscious wrongdoing. As such, neither federal nor California law is designed to prosecute genuinely innocent people who did not know that they were carrying drugs.  

Differences between California and federal drug crimes

Perhaps the biggest difference between California and federal drug law is that while marijuana remains illegal under federal law, California law allows adults to possess, use, and sell marijuana. 

The laws also have different structures. The federal Controlled Substances Act focuses on manufacture, distribution, simple possession, and possession with intent to sell. Most federal cases fit somewhere under this broad umbrella. California drug law, on the other hand, breaks drug-related actions into more specific offenses, such as possession of drug paraphernalia and being under the influence of drugs.

California law only punishes people who possess a “usable amount” of the drug in question. As such, California does not punish trace amounts of drugs. However, federal law punishes any measurable amount of a drug, including traces and residues. So, while California law would not support the prosecution of a person who possesses a nearly empty needle with a few drops of heroin, federal law would. 

Finally, California laws such as Prop 47 help convicted persons clear their criminal records. Expungement or sealing of criminal records is much harder at the federal level. 

Are Federal Drug Crimes Punished More Harshly than State Charges? 

It depends. But generally speaking, federal drug sentences tend to be longer. This is so for several reasons.

Mandatory minimums. A mandatory minimum is a law that requires a minimum sentence for a particular crime. These laws are often criticized for limiting judicial discretion and leading to lengthy sentences. California does not use mandatory minimums, but federal law does. For example, the minimum sentence for possessing 100 grams of heroin is five years. Once these minimums are triggered, judges must impose the sentence posted in the statute unless certain “safety valve” exceptions apply. 

Weight. Weight matters under both California and federal law, but the effect is much stronger under federal law. In California, people who carry large amounts of drugs may be subject to a sentence enhancement. However, the enhancement does not come into play unless a person has a particular amount of a drug.

By contrast, weight is the backbone of the federal drug sentencing system. Higher weights trigger mandatory minimums as well as harsher punishments under the federal Sentencing Guidelines.

Differences in action. Let’s assume that a person is caught selling 500 grams of cocaine. Under California law, the relevant sentencing triad would be 3/4/5. Because the amount was under one kilogram, no enhancement applies. So, the sentence will be no higher than five years.  

Under federal law, however, 500 grams of cocaine triggers a five-year mandatory minimum. So, California’s longest unenhanced punishment is equal to the lowest acceptable punishment at the federal level. However, once the total weight and other factors are considered, the federal punishment could be as long as 40 years. 

Diversion. Diversion allows a judge to pause a case so the defendant can complete programming, such as drug treatment. If the defendant successfully completes the program, the case will be dismissed. California allows diversion in many drug cases. By contrast, federal law only allows diversion in limited circumstances. 

When Are Drug Cases Prosecuted Under Federal Law? 

Several factors determine whether a drug case will “go federal.” 

• Drug quantity. Generally, federal agencies get involved when large quantities of drugs are involved. 

• Size of the operation. Drug deals that involve multiple states or countries will draw federal interest.

• Where and how it happened. If the drug activity happened on federal property (such as the Golden Gate National Recreation Area) or used federal tools like the U.S. Postal Service, federal prosecutors have priority. 

• Who investigated. If the case were investigated by state or local authorities, it would likely remain under California law. However, when federal agencies like the Drug Enforcement Administration (DEA), the Federal Bureau of Investigation (FBI), or Homeland Security are involved, the federal government will probably take over the case. 

Note that it is entirely possible for both California and the federal government to prosecute the same actions without raising double jeopardy concerns. However, the U.S. Department of Justice generally won’t pursue a second prosecution unless there is a strong reason to do so. Your Marin County drug attorney can tell you more.  

More Questions About Federal vs. State Drug Charges? 

Drug cases are some of the most complex in criminal law. Adding federal law to the mix only makes things more difficult. If you need legal representation in a state or federal drug case, contact Brownstein Law Group. Our lawyers are admitted to practice in the federal courts near Marin County. To learn more about how our team can help you, call 415-795-9059 or use our online form to schedule a consultation.