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Federal drug charge question

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deepseadiver

Junior Member
In 2008, I was arrested for posession, distribution, and being under the influence of a controlled substance. I was in a Federal nature reserve by the Bureau of Land Management at the time, so I was charged in Federal courts. Both felonies (posession and distribution) were dropped, and I was charged with "being under the influence of a controlled substance to the degree that one may endanger him/herself". I was told it was a 'petty offense' equivalent to a traffic ticket and I paid a 100$ fine. I have called lawyers and none have returned my calls and I can't find my answer anywhere.

Is this crime considered a misdemeanor or an infraction? Do I need to answer 'yes' to licensing/employment applications that ask if I have been convicted of a misdemeanor?

Here is some background on the charge..

The violation N17L, L0152876
The offense for this violation is UNDER THE INFLUENCE/DRUG.
The offense code for this violation is G.
The disposition for this violation is INSTALLMENT PAID (PF).
The total amount paid is $ 135.00.

Again I was arrested by the BLM. Any help from a someone with knowledge of Federal law I would appreciate it.
 


CdwJava

Senior Member
Here is some background on the charge..

The violation N17L, L0152876
The offense for this violation is UNDER THE INFLUENCE/DRUG.
The offense code for this violation is G.
The disposition for this violation is INSTALLMENT PAID (PF).
The total amount paid is $ 135.00.

Again I was arrested by the BLM. Any help from a someone with knowledge of Federal law I would appreciate it.
The violations listed do not appear to conform to any federal regulation I am aware of. Perhaps those were related to the case or course dockets?

Is there some other number? Something with USC? CFR? Something?
 

deepseadiver

Junior Member
I've done a bit of googling and I think this is the appropriate CRF.

36 CFR 2.35 - Alcoholic beverages and controlled substances. - Code of Federal Regulations - Title 36: Parks, Forests, and Public Property - PART 2: RESOURCE PROTECTION, PUBLIC USE AND RECREATION - Id 19767526 - vLex

36 CFR 2.35

The part about "endagering oneself from being under the influence"

I found this case as well I believe it is the exact same charge I was convicted of

http://law.justia.com/cases/federal/appellate-courts/F2/752/1503/57702/
 
Last edited:

CdwJava

Senior Member
So, you are not certain what the offense was that you were convicted of?

If 36 CFR 2.35 it appears you were guilty of a misdemeanor:

§ 1.3 Penalties.
(a) A person convicted of violating a provision of the regulations contained in parts 1 through 7, 12 and 13 of this chapter, within a park area not covered in paragraphs (b) or (c) of this section, shall be punished by a fine as provided by law, or by imprisonment not exceeding 6 months, or both, and shall be adjudged to pay all costs of the proceedings.
(b) A person who knowingly and will- fully violates any provision of the regulations contained in parts 1 through 5, 7 and 12 of this chapter, within any national military park, battlefield site, national monument, or miscellaneous memorial transferred to the jurisdiction of the Secretary of the Interior from that of the Secretary of War by Executive Order No. 6166, June 10, 1933, and enumerated in Executive Order No. 6228, July 28, 1933, shall be punished by a fine as provided by law, or by imprisonment for not more than 3 months, or by both.
Note: These park areas are enumerated in a note under 5 U.S.C. 901.
(c) A person convicted of violating any provision of the regulations contained in parts 1 through 7 of this chapter, within a park area established pursuant to the Act of August 21, 1935, 49 Stat. 666, shall be punished by a fine as provided by law and shall be adjudged to pay all costs of the proceedings. 16 U.S.C. 462.
(d) Notwithstanding the provisions of paragraphs (a), (b) and (c) of this section, a person convicted of violating §2.23 of this chapter shall be punished by a fine as provided by law. 16 U.S.C. 460.​

Now, I am not all that fluent on the federal system, but if they have a method by which to reduce an offense to a fine only offense then per 18 U.S.C. § 3559(a)(9) there appears to be a single infraction type offense. But, this is not what your offense appears to have originally been. So, it may depend on whether the offense was reduced.

have you sought your criminal record through the feds?

http://www.fbi.gov/about-us/cjis/background-checks
 

deepseadiver

Junior Member
It appears this conviction is more of an anamoly than the norm, I can only find about 2 or 3 other recorded instances of this particular conviction. One case I read I think in '95 or so says only says there's one prior case to cite as precedent for the standard upon which one may be convicted of this crime.

It's true I am not 100% sure this is the correct CFR #. As this happened when I was still living with the 'rents I am going to retrieve my folder with detailed records of the event. I've been trying to dig as much information as I can and unforunately I'm starting to garner a small semblance of pessimism that I will be able to deem this merely a 'petty offense'. One doesn't think too much about such a small fine in terms of their future.

I am looking to get a professional license in the near future, I can only pray that my pompous college kid stupidity will not be a strong detriment in my future. It's unforunate badge I must wear, but I thank god I was not convicted of anything more serious.

I hope to obtain more detailed information once I look through the records and will post again if necessary. And yes, I am in the process of getting my FBI file I just need to locate a fingerprinting location near my residence.

Thank you very much for your feedback, it means more than you probably know.
 

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