Federal Drug Trafficking Charges and Penalties: What You Need to Know

Getting caught with illegal drugs can lead to serious criminal charges. But when you possess large quantities of controlled substances, federal prosecutors may charge you with drug trafficking – a much more serious offense with severe mandatory minimum prison sentences.

This article provides an overview of federal drug trafficking crimes, penalties, and defenses so you understand the seriousness of these charges.

What is Drug Trafficking?

Drug trafficking refers to the illegal manufacturing, distribution, sale, or possession of a controlled substance. Trafficking crimes involve:

• Possessing illegal drugs with intent to distribute or sell them
• Manufacturing or cultivating drugs
• Selling or transferring drugs
• Transporting drugs
• Importing or exporting drugs

Simply having personal use quantities of drugs may lead to possession charges. But larger amounts will trigger federal drug trafficking charges, especially if there are indicators of drug sales like scales, baggies, or large sums of cash.

Conspiracy or attempt to traffic drugs brings the same penalties as completed acts. You can face trafficking charges even if no drugs or money changed hands.

Federal vs State Drug Charges

Federal and state laws both prohibit drug trafficking. But federal charges are typically more severe.

The Controlled Substances Act (CSA) regulates the manufacture, possession, and distribution of drugs at the federal level. Trafficking charges stem from violations of the CSA.

State laws vary, but usually mirror federal law. Most states also have trafficking crimes for possessing large drug quantities.

But federal sentencing guidelines and mandatory minimums are harsh compared to state laws. The feds also have more resources for investigations and prosecutions.

Penalties for Federal Drug Trafficking Crimes

Trafficking penalties under the CSA depend on:

• The type and quantity of drug
• Whether it’s a first offense or repeat offense
• If death or serious injury resulted

Penalties range from 3 years to life in prison. Fines up to $10 million are also possible.

Let’s break down the common federal drug trafficking penalties.

Mandatory Minimums

The CSA imposes strict mandatory minimum sentences for trafficking offenses:

• 5 years for trafficking:
  • 28g of crack cocaine
  • 500g of powder cocaine
  • 100g of heroin
  • 5g of methamphetamine
  • 1g of LSD
  • 100kg of marijuana
• 10 years for:
  • 280g of crack
  • 5kg of powder cocaine
  • 1kg of heroin
  • 50g of methamphetamine
  • 10g of LSD
  • 1000kg of marijuana
• 20 years if death or serious injury result from use of the drugs

These are the minimum sentences judges must impose regardless of mitigating factors. They cannot sentence below the mandatory minimums.

Maximum Sentences

Trafficking crimes also carry lengthy maximum sentences:

• Up to 20 years for smaller drug quantities
• Up to life imprisonment for larger quantities or repeat offenses

Judges have discretion up to the maximums. But the high end of guidelines ranges usually approach the maximums.

Enhanced Penalties

Penalties increase if:

• You have a prior felony drug conviction
• A minor was involved in the crime
• It occurred near a school, park, or other protected area
• You carried a firearm during trafficking

With one prior conviction, mandatory minimums double. With two or more priors, you face mandatory life in prison.

Using a minor to traffic drugs adds 10 years to the sentence. Doing it near a school adds 1 year.

Fines

Large fines up to $10 million for individuals and $50 million for organizations are possible. Fines increase for second offenses.

Judges consider your financial resources when imposing fines. But most traffickers can’t pay millions in fines.

Asset Forfeiture

Police can seize assets like cash, cars, and property connected to drug trafficking through civil and criminal forfeiture. You don’t need a conviction for civil forfeiture.

Loss of Benefits

A federal drug conviction also leads to losing certain benefits, including:

• Loss of federal student aid
• Ineligibility for public housing
• Loss of gun ownership rights
• Loss of professional licenses

Common Federal Trafficking Charges

Let’s take a closer look at some of the most common federal drug trafficking statutes:

21 USC § 841 – Drug Manufacturing and Distribution

This broadly prohibits manufacturing, distributing, or possessing with intent to distribute illegal drugs. Nearly all federal drug trafficking charges fall under 21 USC 841.

It covers all Schedule I-V controlled substances. The penalties depend on the drug amounts, as explained above.

21 USC § 846 – Drug Trafficking Conspiracy

Conspiring or attempting to traffic drugs brings the same penalties as completed acts under 21 USC 846.

The government doesn’t need to prove you actually sold drugs. Just agreeing to traffic with others, or taking steps toward trafficking, is conspiracy.

Mandatory minimum sentences for conspiracy or attempt are the same as for completed trafficking.

21 USC § 848 – Continuing Criminal Enterprise

21 USC 848 targets major traffickers who commit felony drug crimes as part of an ongoing criminal organization that they organize or lead.

Penalties start at 20 years to life. Capital punishment is possible for leaders who intentionally kill during drug trafficking.

21 USC § 859 – Distribution to Minors

Distributing drugs to anyone under 21 doubles the penalties under 21 USC 859. Using a minor in drug operations adds 10 years.

21 USC § 860 – Drug Free Zones

Trafficking drugs within 1,000 feet of a school, playground, public housing, or other protected locations adds at least 1 year under 21 USC 860.

18 USC § 924(c) – Drug Trafficking with a Firearm

Carrying a gun during drug trafficking tacks on 5 years minimum under 18 USC 924(c). A second offense is 25 years minimum.

Defenses to Federal Drug Trafficking Charges

The penalties for federal drug trafficking charges are severe. But experienced criminal defense counsel can often get charges reduced or dismissed. Common defenses include:

• Illegal searches – Evidence from unconstitutional searches can be suppressed. Drug evidence may be excluded if the police lacked probable cause for a car search or home search.
• Entrapment – Undercover cops cannot improperly coerce or induce you into committing a crime you wouldn’t otherwise commit. A skilled lawyer can argue you were entrapped.
• Unauthorized wiretaps – Evidence from illegal wiretaps or electronic surveillance may be suppressed.
• Misidentification – If police mistake you for another suspect, an attorney can challenge the identification.
• Lack of intent – Prosecutors must prove you intended to manufacture or distribute drugs. Your lawyer may argue you lacked criminal intent.
• Duress – If you can show threats or coercion forced you to commit the crime, that is a complete defense.

Your lawyer may also negotiate with prosecutors to get charges dismissed or reduced. For example, pleading to simple possession instead of trafficking can reduce prison time.

Finding the Right Federal Drug Trafficking Lawyer

Facing federal drug trafficking charges is scary. But an experienced criminal defense lawyer can help protect your rights and future.

Don’t take chances with an inexperienced attorney. Find a lawyer with extensive knowledge of the complex federal sentencing guidelines and a proven track record of success.

A skilled drug trafficking lawyer will thoroughly examine the evidence, identify defenses, negotiate with the prosecution, and take your case to trial if necessary. This gives you the best chance at an acquittal or minimized charges.

Act quickly if you or a loved one is charged with federal drug trafficking crimes. The legal team at [Law Firm Name] has helped hundreds of clients fight federal drug cases. Contact us for a free case review and legal strategy consultation.

Conclusion

Federal drug trafficking charges shouldn’t be taken lightly. Mandatory minimum sentences take discretion away from judges and can lead to decades behind bars – even for first time offenders.

Don’t wait to get experienced legal help. A top drug trafficking attorney can often get charges reduced or dismissed. But you need to act fast to protect your rights.

This guide summarizes the key penalties and defenses for federal drug trafficking crimes. But every case is unique. For personalized advice about your situation, contact our attorneys today.