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Federal and/or State Drug Charges??

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AmosMoses

Member
What is the name of your state? Louisiana

Attached is a copy/paste of an article from the Baton Rouge Advocate. As this is written, can anyone tell me how federal jurisdiction plays in here, if at all. I live near here, and have concerns as to how well the SO can handle this. I hope that the feds are in some way mandated to step into this sort of situation. Do the feds have a mandate to intervene, an option to intervene, or are they barred from intervening. I may not have explained this too well, but I think ya'll are able to get the drift of what I am asking. Thanks:

GREENSBURG -- St. Helena Parish sheriff's deputies raided a clandestine methamphetamine laboratory Sunday night and arrested four people, deputies said.

The raid continues a crackdown in the Florida Parishes on manufacture of the strong stimulant, which authorities say has become a popular substitute for cocaine.

When deputies with a warrant searched a residence at 585 Sterling Road in the northeastern portion of the parish, they found three people inside, said Anna Scott Harrell of the Sheriff's Office.

She said methamphetamine was being produced in the residence, and deputies booked three people, each on counts of manufacture of methamphetamine, possession of methamphetamine and possession of drug paraphernalia.

Harrell identified the three as Clint Taylor, 34; Jeremy McMillan, 32; and Heather McMillan, 19, all of the Sterling Road address.

Bail on each of the three was set at $200,000, deputies said.

While the raid was in progress, a fourth person drove up to the residence and was arrested after methamphetamine was found in her purse, Harrell said. Shayna Smith, 40, who also lived at 585 Sterling Road, was booked with possession of methamphetamine and possession of drug paraphernalia.

Her bail was set at $100,000, according to the Sheriff's Office.

The raid occurred about 10 p.m. Sunday, and a sheriff's narcotics agent specially trained in decontamination of methamphetamine production sites handled the cleanup, Harrell said.

Methamphetamine laboratories require special decontamination procedures because of the hazardous materials used in making the drug, according to authorities.
 


L

loocpoc

Guest
AmosMoses,

If there is a violation of Title 21 USC (Federal drug laws) and state law, one can be prosecuted at both the state and federal since they are 2 different soverien enitites. Hence forth the states right to prosecute for violations along with the federal governements right to prosecute under the federal law.
 

AmosMoses

Member
loocpoc,

First and foremost, thanks for the reply.

Secondly, how is this handled by state authorities? I mean, are they mandated to report a violation of federal statute to the USDA's Office? Or, is it a matter or IF the feds find out, they CAN choose to pursue it. I noticed that federal authorities were conspicuous in their absence in the raid, and I am wondering where this stands now and if the feds are going to even be informed of the arrests. Any ideas about this? Thanks in advance.
 
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loocpoc

Guest
It depends. Usually if there is a significant amount of narcotics then the locals would then be required to contact DEA who would either reject the case or take it for the federal charges. Usually meth labs would be prosecuted at both levels after DEA determines there is enough and the USAO wants to prosecute. Its usually up to the locals to contact the feds, only certain federal crimes are taken away, such as competency of the department, determining that the crime is more significant of a prosecution at the federal level and crimes which are inheritly Federal in statute (IE immigration, customs etc..)
 
S

seniorjudge

Guest
smutlydog said:
Is their a specific amount that federal agents would consider worth procecuting on the federal level?
There's no written rule; the feds are really interested in just about anything.
 

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