DRUGS AND GUNS... AND MONEY

 


There are consequences when drugs and guns and money are found in the same place.

Of course, drug crimes can be misdemeanor or felony crimes.  A large amount of any illegal substance will put the one in possession at risk of being charged with "trafficking" in such drugs.  Trafficking charges carry minimum prison sentences.  

In this age when the great majority of states have de-criminalized marijuana possession, in Idaho possession of a single seed of marijuana is enough to earn a jail sentence.  Possession of one pound of marijuana will earn the defendant a one-year mandatory minimum prison sentence for trafficking in marijuana, even if the weed is for personal use.

The tiniest amount of a harder drug such as cocaine or methamphetamine will warrant a felony charge, but larger amounts of any felony drug will carry minimum prison sentences for trafficking in that substance.  The key is volume.  Once the volume of methamphetamine reaches 28 grams, it is a trafficking amount that carries a minimum sentence in prison (3 years).  Larger amounts will result in added prison time.

How do guns fit into these charges?

Often those who are caught possessing drugs are also in possession of a firearm.  If the defendant has previously been convicted of a felony, possessing a firearm will result in a separate charge of "felon in possession of a firearm."  Of course, the person must be aware he is "in possession" of a firearm.  If he borrows a car and there is a gun under the seat, that is not a crime unless he knows about the gun.

If a person possesses a large amount of illegal drugs, and that person has a firearm nearby, that access to the firearm will add significant time to his sentence in a federal prosecution, and will prevent that defendant from getting a lesser sentence in federal court under a special leniency provision to certain persons which is known as the "safety valve" component to a federal sentence.

If the person has a prior felony conviction, but the conviction has been dismissed, it is probably ok for that person to be in possession of a firearm. It is not unusual for persons convicted of felony crimes to have their crimes dismissed if they serve a probation period successfully and petition the court to have their charges dismissed.

I recently had a case in which my client was in possession of a large amount of illegal drugs and also a firearm.  He was threatened with being charged with illegal possession of the gun in addition to possession of illegal drugs.  My client was aware that he'd had a prior felony dismissed, and believed that he was in lawful possession of the gun.  However, there is a separate federal crime for possessing a large amount of illegal drugs while possessing a gun (legal or illegal).  That crime adds a minimum five years to the sentence given for possessing illegal drugs.  

What happens when money is found in the vicinity of someone found in possession of illegal drugs?

That money will probably be forfeited to the government, under the vague theory that the money is somehow connected to the illegal drugs.  This is known as a forfeiture.  The government can and probably will sue you to keep that money it seizes.  That money may have nothing to do with drugs.  There are provisions in the law which allow you to contest the attempted seizure of that money, either by showing they have nothing to do with drugs, or that the amount seized is far in excess of that which might be used to facilitate the sale or purchase of the nearby drugs.

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