(Last Updated On: March 10, 2023)Last Updated on: 10th March 2023, 03:17 pm
Understanding Drug Trafficking Charges
When we think of drug trafficking, we often picture highly organized international criminal networks smuggling drugs across borders. However, the reality is that the vast majority of drug trafficking cases in the United States involve everyday people caught up in the system.
Back in the 1980s, during the height of the “War on Drugs” panic, the United States government implemented strict statutes and sentencing guidelines for drug trafficking. These laws were intentionally written to be overly broad and severe, resulting in more regular individuals being trapped in the system than international narco-terrorists.
At Spodek Law Group, we understand the serious nature of drug trafficking charges and the potential impact they can have on your life. Our experienced attorneys have a deep understanding of the law and are committed to providing a professional and aggressive defense to help you get the best possible outcome for your case.
The Severity of Federal Drug Trafficking Laws and Penalties
Under federal law, drug trafficking can refer to a wide range of situations, including manufacturing, distributing, dispensing, or possessing drugs (21 U.S.C. section 841). Unfortunately, even simple drug possession cases can escalate to drug trafficking charges under federal guidelines if the defendant is found to be carrying more than a specific amount of a substance.
The penalties for drug trafficking can be severe, with first-time offenders facing anywhere between five and 40 years in prison, along with a fine of up to $5 million. Repeat offenders can face even harsher penalties, with the possibility of a life sentence.
For example, on the first tier of substances, possessing more than a specific amount of drugs can lead to serious consequences:
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Substance (Schedule) |
Amount |
Penalty for First Offense |
Penalty for Second Offense |
Cocaine (Schedule II) |
500-4,999 grams |
5-40 years in prison and up to $5 million in fines |
10 years to life in prison |
Cocaine Base (Schedule II) |
28-279 grams |
5-40 years in prison and up to $5 million in fines |
10 years to life in prison |
Fentanyl (Schedule IV) |
40-399 grams |
5-40 years in prison and up to $5 million in fines |
10 years to life in prison |
Fentanyl Analogue (Schedule I) |
10-99 grams |
5-40 years in prison and up to $5 million in fines |
10 years to life in prison |
Heroin (Schedule I) |
100-999 grams |
5-40 years in prison and up to $5 million in fines |
10 years to life in prison |
LSD (Schedule I) |
1-9 grams5-40 years in prison and up to $5 million in fines10 years to life in prisonMethamphetamine (Schedule II)5-49 grams pure or 50-499 grams mixture5-40 years in prison and up to $5 million in fines10 years to life in prisonPCP (Schedule II)10-99 grams pure or 100-999 grams mixture5-40 years in prison and up to $5 million in fines10 years to life in prison
If a defendant is found with even larger amounts of drugs, they can face even harsher penalties:
Substance (Schedule) |
Amount |
Penalty for First Offense |
Penalty for Second Offense |
Cocaine (Schedule II) |
5 kilograms or more |
Mandatory minimum of 10 years in prison and up to $10 million in fines |
20 years to life in prison |
Cocaine Base (Schedule II) |
280 grams or more |
Mandatory minimum of 10 years in prison and up to $10 million in fines |
20 years to life in prison |
Fentanyl (Schedule IV) |
400 grams or more |
Mandatory minimum of 10 years in prison and up to $10 million in fines |
20 years to life in prison |
Fentanyl Analogue (Schedule I) |
100 grams or more |
Mandatory minimum of 10 years in prison and up to $10 million in fines |
20 years to life in prison |
Heroin (Schedule I) |
1 kilogram or more |
Mandatory minimum of 10 years in prison and up to $10 million in fines |
20 years to life in prison |
LSD (Schedule I) |
10 grams or more |
Mandatory minimum of 10 years in prison and up to $10 million in fines |
20 years to life in prison |
Methamphetamine (Schedule II) |
50 grams or more pure or 500 grams or more mixture |
Mandatory minimum of 10 years in prison and up to $10 million in fines |
20 years to life in prison |
PCP (Schedule II) |
100 grams or more pure or 1 kilogram or more mixtureMandatory minimum of 10 years in prison and up to $10 million in fines20 years to life in prison
In cases where the defendant’s actions resulted in the death of someone else, the mandatory minimum sentence is 20 years.
Possible Defenses Against Federal Drug Trafficking Charges
When facing drug trafficking charges, it’s crucial to have a skilled and experienced attorney on your side. At Spodek Law Group, our attorneys are committed to fighting for your rights and building the best possible defense for your case.
While every case is different, there are several possible defenses against federal drug trafficking charges, including:
- Challenging the legality of the search and seizure of evidence
- Questioning the validity of witness testimony
- Arguing that the defendant did not have knowledge or intent to traffic drugs
- Exploring plea bargain options with the prosecution
If you or someone you know is facing drug trafficking charges, don’t wait. Contact Spodek Law Group and Attorney Todd Spodek today for a free consultation and let us help you navigate the legal system and fight for your rights.