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Ely
Ely, Counselor at Law
Category: Criminal Law
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What makes a drug case a federal case Dont states and local

Customer Question

What makes a drug case a federal case? Don't states and local counties also deal in drug cases???

Please answer thoroughly by using examples,citations, and references if necessary! No, word min/limitation!
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Brandon M. replied 3 years ago.
Hello there:

"Drug case" can mean a lot of things; it can include a civil case against a drug manufacturer, regulatory issues in the administrative courts, or criminal prosecution against individuals (to name a few scenarios). What did you have in mind when you asked this question?
Customer: replied 3 years ago.

THis is a State vs Federal section question:

 

The question prior to the one I just asked you was: If a trial is being held in say Utah, they follow their state laws. Rules of evidence are usually Federal Rules of Evidence. But a California case wouldn't be precedent for a Utah case. States can lean on some federal law if it is on point since the Supremacy Clause means the federal law would take precedence over the state law.

Does this help?

Expert:  Brandon M. replied 3 years ago.
Unfortunately, I am not understanding how that answer pertains to my question. I think that you may not have understood my question, which is probably my fault.

I understand that you are asking about state versus federal jurisdiction in a drug case. I don't understand what you mean by "drug case". What is a "drug case" to you?

Incidentally, the laws of sister states are not precedential, but they are persuasive. The federal laws are not always precedential; they are more often than not merely persuasive, except where supremacy is at issue.

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