Challenging Drug Weight Calculations in Federal Cases

The stakes are high for anyone facing federal drug crime charges. A federal drug crime conviction carries substantial penalties, often including time in prison. The weight of the drugs involved is a critical factor in federal drug crime cases. Challenging drug weight calculations should be a crucial piece of your defense strategy. To give yourself the best chance of success, you need an experienced federal drug crime defense lawyer on your side.

Douglas D. Terry & Associates has been defending people charged with federal drug crimes since 1983. We have unparalleled experience defending people facing federal criminal charges in Utah and offer the time-tested advice, legal guidance, and advocacy that only an experienced law firm can provide. Our attorneys can objectively assess your case, help you evaluate your options, and mount a vigorous defense.

Understanding the Importance of Drug Weight Calculations in Federal Drug Cases

In federal drug crime cases, the Federal Sentencing Guidelines rely heavily on the quantity of drugs in your possession to determine the severity of the punishment you could face. Higher quantities of drugs lead to harsher sentences, including higher fines and longer prison sentences.

Federal prosecutors use the seized evidence to calculate drug weight for purposes of prosecution. Most narcotics are mixed, or “cut” with other substances, called adulterants, before they are sold for consumption. Cutting a drug increases the volume of product, which can lead to increased profit. For purposes of a drug crime prosecution, drug weight calculations include the narcotic and any adulterants or cutting agents.

How Drug Weights Are Calculated

When police seize suspected drugs, they first perform a field test to quickly determine that the substance is an illegal narcotic. Though these tests are not 100% reliable, they are typically used by law enforcement agents to make an arrest and probable cause determination. If the field test is positive for an illegal drug, the substance is seized and sent to a lab for chemical analysis.

Lab technicians calculate the gross weight of the substance, which includes the substance, any adulterants or cutting agents, and any packaging material in which the narcotics are contained. Laboratory technicians then remove the packaging materials and weigh the substance again, resulting in the net weight of the substance. When multiple drug transactions are involved, prosecutors may combine the weight of the substances in all transactions to arrive at an aggregate weight of the illegal narcotic.

Purity Is Not a Factor in Federal Drug Crime Prosecutions

The purity of a drug typically is not a factor in federal drug crime prosecutions. Most criminal statutes that outlaw the possession, distribution, manufacturing, or trafficking of narcotics do not address the purity or potency of the substance. Instead, the law bans any substance or mixture that contains a detectable amount of an illegal narcotic.

Lawmakers understood and anticipated that drugs would be mixed and cut with other substances when they drafted the laws. They wrote them in a way that would hold defendants accountable for the maximum quantity of the drug, regardless of whether the drugs were cut or what they were cut with.

Challenging the Accuracy of Drug Weight Calculations

There can be numerous errors in drug weight calculations, and challenging the accuracy of a drug weight calculation should be a critical component of any drug crime defense strategy. An experienced defense attorney will carefully evaluate and challenge the accuracy of drug weight calculations in a federal drug crime case.

As in any criminal case, the prosecution bears the burden of proving every element of the alleged crime beyond a reasonable doubt. A defense attorney can challenge the sufficiency of the evidence by:

• Cross-examining laboratory technicians to identify errors in handling the substance or testing procedures.
• Requesting documentation to prove the scales used to weigh the drugs were properly calibrated and maintained.
• Demanding a detailed chain of custody report to prove the evidence was not contaminated or tampered with.
• Working with expert witnesses to verify the laboratory’s testing procedures and identify potential contamination or improper lab procedures.

Charged with a Federal Drug Crime? Douglas D. Terry & Associates Can Help

Challenging drug weight calculations in federal drug crime cases requires a thorough understanding of federal criminal law, scientific procedures, and the specific facts of your case. Federal drug crime charges are serious, but with the right defense attorney, you can fight back and work towards the best possible outcome in your federal drug crime case.

Douglas D. Terry & Associates is the longest-serving criminal defense firm in St. George has defended people accused of crimes in Southern Utah for over 40 years. Contact our law office today to schedule a confidential appointment to discuss your situation and begin preparing your legal defense.