Do Federal drug laws supersede State drug laws? Well, imagine you’re baking a cake with two layers that use different but equally delicious flavors. They may each have unique recipes with contrasting ingredients, but they’re both ultimately important to the cake’s overall quality.
Similar to that cake, drug enforcement and prevention policies in America are enforced through two sets of laws; federal laws and state-based laws. But what happens when those layers of drug laws overlap or even conflict with one another? Which set is used to charge and prosecute someone?
To help explain how such situations are resolved, the following article will cut through the guiding principles that allow for different sets of laws to exist, how the Constitution addresses potential legal conflicts, and how this system applies to current drug laws.
How Federal and State Laws Coexist
From drug legalization to immigration policies, federal and state laws continue to butt heads even today. Luckily, America was designed to handle these situations from the beginning.
What is Federalism?
Federalism is a complex and dynamic system of sharing powers and responsibilities between a federal government and individual states. America’s version of this system is known as “Dual Federalism” or “Dual-Sovereignty,” because it allows for both federal and state governments to create and enforce laws while reserving certain authorities to each.
This system is intended to allow for independent policy-making that simultaneously suits the unique circumstances of regional citizens and the nation as a whole. In other words, the entire goal of America’s dual federalism is to balance state autonomy with national priorities.
While both governing bodies are assigned different powers, they’re expected to interact with and support each other as much as possible. For example, states can receive financial or logistical aid from federal agencies while also enforcing federal laws at the local level.
What is the Supremacy Clause?
Simply put, the Constitution’s Supremacy Clause declares that federal policies take priority when there’s a conflict between state and federal law. This is because federal laws are made under the authority of the Constitution, which defines itself as, “…the supreme law of the land…” So long as those federal laws align with the Constitution’s requirements and guidance, they too are treated as supreme over state laws and constitutions.
However, this clause also recognizes the importance of allowing states to legislate on issues that impact their citizens. It does this by allowing states to also create and enforce laws on an issue already governed by federal law, so long as the two laws don’t conflict. For example, most states are allowed to enforce income taxes on their citizens alongside taxes created by the federal government.
Federal vs State Drug Laws
Controlling and legislating drugs is another area where state and federal governments simultaneously have their own sets of laws, including how such substances are classified, the crimes associated with them, and the potential punishments that follow.
The Controlled Substances Act of 1970 (CSA) established the federal government’s laws regarding the manufacturing, importation, use, and distribution of dangerous substances based on each’s addictiveness, harmful effects, and risk of abuse. The United States Code (USC) was later updated to include this legislation in Title 21, Chapter 13. It includes multiple tiers to define and categorize various controlled substances and prescribes different levels of punishments for crimes associated with those substances.
Missouri’s Comprehensive Drug Control Act of 1989 served many of the same purposes as the CSA, but it included some additional provisions, like alternative sentencing programs and prescription drug monitoring. The act was added to the Revised Statutes of Missouri (RSMo) under chapters 195 and 579. While it includes many of the same tiers and definitions as the CSA, it uses less severe punishments that range from low-level misdemeanors up to class A felonies that incur several years in prison and up to a $10,000 fine.
What Happens if Federal and State Drug Laws Overlap?
Under the Constitution’s Supremacy Clause, federal drug laws can take precedence over state drug laws if they come into conflict with one another. Historically, this hasn’t been much of a problem, until efforts to legalize marijuana started gaining momentum in more recent years.
Aside from cases involving the legalization of marijuana, the most likely scenario for a conflict between state and federal drug laws to exist is when the federal government chooses to prosecute someone under its laws instead of allowing a state to do so.
A few reasons why someone’s drug charges could become a federal case include where the offense took place), the type and quantity of the substance(s) involved, the nature of the crime, and whether there was any federal involvement in the case.
Navigating the intricate landscape of drug charges can be daunting, especially where complex federal and state laws overlap. It’s undeniably stressful and can leave some feeling paralyzed from uncertainty.
Seeking professional assistance from an experienced drug lawyer can help clarify your options and form a legal defense that protects your rights as best as possible. If you’re facing potential drug charges, seeking legal assistance as soon as possible is highly recommended, as it gives your potential drug attorney more time to work on your case.