Federal Laws on Drug Trafficking and Penalties – Attorney Explanation

Drug trafficking laws in the United States are complex and carry severe penalties at the federal level. As an attorney assisting clients facing federal drug charges, I aim to explain these laws and penalties in an easy-to-understand way.

Overview of Federal Drug Trafficking Laws

The main federal law that criminalizes drug trafficking is 21 U.S.C. § 841(a)(1) [1]. This law makes it illegal to manufacture, distribute, dispense, or possess controlled substances with intent to manufacture, distribute, or dispense.

Some key things to know:

• This law covers all types of controlled substances, including marijuana, cocaine, heroin, methamphetamine, fentanyl, LSD, and more.
• The penalties depend on the type and quantity of drug involved.
• Penalties are harsher if death or serious bodily injury results from use of the drug.
• Penalties increase for repeat offenses.

There are also other related federal laws, like:

• 21 U.S.C. § 846 – Prohibits drug conspiracies and attempts[4]
• 21 U.S.C. § 843(b) – Prohibits use of communication facilities (like phones) to facilitate drug trafficking[4]
• 21 U.S.C. § 848 – Prohibits operating a continuing criminal enterprise, also known as “drug kingpin” statute[4]
• 21 U.S.C. § 856 – Prohibits maintaining drug-involved premises (“crack house” statute) [4]

Federal Drug Trafficking Penalties

Here’s an overview of the main penalties under 21 U.S.C. § 841(a)(1) [1]:

Marijuana

• Less than 50 kilograms (or less than 50 plants):
  • 1st offense: up to 5 years in prison, up to $250,000 fine
  • 2nd offense: up to 10 years in prison, up to $500,000 fine
• 50 – 100 kilograms (or 50 – 99 plants):
  • 1st offense: up to 20 years in prison, up to $1 million fine
  • 2nd offense: up to 40 years in prison, up to $2 million fine
• 100 kg – 1,000 kg (or 100-999 plants):
  • 1st offense: 5 – 40 years in prison, up to $2 million fine
  • 2nd offense: 10 years – life in prison, up to $4 million fine
• 1,000 kilograms or more (or 1,000+ plants):
  • 1st offense: 10 years – life in prison, up to $4 million fine
  • 2nd offense: 20 years – life in prison, up to $8 million fine

Heroin

• 100 – 1,000 grams:
  • 1st offense: 5 – 40 years in prison, up to $2 million fine
  • 2nd offense: 10 years – life in prison, up to $4 million fine
• 1 kilogram or more:
  • 1st offense: 10 years – life in prison, up to $4 million fine
  • 2nd offense: 20 years – life in prison, up to $8 million fine

Cocaine

• 500 – 5,000 grams:
  • 1st offense: 5 – 40 years in prison, up to $2 million fine
  • 2nd offense: 10 years – life in prison, up to $4 million fine
• 5 kilograms or more:
  • 1st offense: 10 years – life in prison, up to $4 million fine
  • 2nd offense: 20 years – life in prison, up to $8 million fine

Methamphetamine

• 5 – 50 grams pure or 50 – 500 grams mixture:
  • 1st offense: 5 – 40 years in prison, up to $2 million fine
  • 2nd offense: 10 years – life in prison, up to $4 million fine
• 50 grams pure or 500 grams mixture:
  • 1st offense: 10 years – life in prison, up to $4 million fine
  • 2nd offense: 20 years – life in prison, up to $8 million fine

LSD

• 1 – 10 grams mixture:
  • 1st offense: 5 – 40 years in prison, up to $2 million fine
  • 2nd offense: 10 years – life in prison, up to $4 million fine
• 10 grams or more mixture:
  • 1st offense: 10 years – life in prison, up to $4 million fine
  • 2nd offense: 20 years – life in prison, up to $8 million fine

Fentanyl

• 40 – 400 grams mixture:
  • 1st offense: 5 – 40 years in prison, up to $2 million fine
  • 2nd offense: 10 years – life in prison, up to $4 million fine
• 400 grams or more mixture:
  • 1st offense: 10 years – life in prison, up to $4 million fine
  • 2nd offense: 20 years – life in prison, up to $8 million fine

As you can see, the penalties quickly escalate based on drug type and quantity. Trafficking a small amount of marijuana is treated very differently than trafficking large quantities of heroin or meth.

Sentencing Enhancements

Certain circumstances can enhance the sentences and fines even further:

• Prior felony drug conviction: Doubles the possible imprisonment and fine[4]
• Possession of a firearm during the crime: Adds at least 5 years consecutive imprisonment[4]
• Distribution to someone under 21 or pregnant: Doubles the possible imprisonment and fine[4]
• Distribution near a school, playground, public housing etc.: Doubles the possible imprisonment and fine[4]
• Death or serious bodily injury from use of the drug: Minimum 20 years imprisonment added, up to life imprisonment[1]

Defenses in Drug Trafficking Cases

There are several legal defenses that a skilled attorney can raise in federal drug trafficking cases:

• Lack of intent to distribute: The defendant possessed the drugs for personal use rather than intent to distribute or sell to others[5].
• Entrapment: Law enforcement induced the defendant to commit a crime they otherwise wouldn’t have[5].
• Duress: The defendant was forced to traffic the drugs under threat of harm[5].
• Misidentification: The defendant was mistakenly identified and didn’t actually commit the crime[5].
• Illegal search: Evidence was obtained through an unconstitutional search, making it inadmissible[5].
• Medical marijuana: The marijuana was possessed legally under state medical marijuana laws[5].

A good defense attorney will thoroughly investigate the facts of the case to determine if any viable defenses can be raised to get charges reduced or dismissed.