Federal Drug Distribution Charges and Penalties

Getting caught up in a federal drug distribution case can lead to some of the harshest punishments in the U.S. legal system. Even a first-time offense for trafficking a relatively small amount of drugs can result in a mandatory minimum sentence of 5-10 years in federal prison. It’s scary stuff, and enough to make anyone panic.

But try to take a deep breath. The situation may seem hopeless, but there are still defenses and legal strategies that a knowledgeable attorney can use to help. This article provides an overview of federal drug distribution laws and penalties, along with some of the ways a defense lawyer can challenge the charges.

Federal vs. State Drug Charges

Not every drug arrest leads to federal charges. Most drug cases are handled at the state level. So why are some cases prosecuted in federal court?

Federal prosecutors tend to focus on cases involving:

• Interstate trafficking operations
• Large quantities of drugs
• Violence or weapons offenses related to drug trafficking
• Repeat drug trafficking offenders

Because federal drug laws often have harsh mandatory minimum sentences, federal cases come with more severe punishments than similar state charges. Even simple possession can mean much more prison time in the federal system.

Federal Drug Distribution Penalties

The main federal statutes used in drug prosecutions are the Controlled Substances Act and the Controlled Substances Import and Export Act. These laws classify drugs into schedules based on their potential for abuse and accepted medical use.

The penalties for drug distribution depend on the schedule and quantity of the substance involved:

Schedule I and II Drugs

Substances like heroin, cocaine, methamphetamine and fentanyl carry the harshest penalties under federal law. Even small amounts can trigger a mandatory minimum sentence. For example:

• 5 grams of meth – 5 years
• 500 grams of cocaine – 5 years
• 40 grams of fentanyl – 5 years

Penalties quickly escalate for larger quantities:

• 50 grams of meth – 10 years minimum
• 5 kilograms of cocaine – 10 years minimum
• 400 grams of fentanyl – 10 years minimum

A second offense can double the mandatory minimum sentence. A third conviction can result in mandatory life imprisonment.

Marijuana

Despite growing legalization, marijuana remains a Schedule I drug under federal law. Distribution penalties include:

• 50-100 kilograms – Up to 5 years
• 100-1000 kilograms – 5-40 years

Schedule III, IV, and V Drugs

Substances like prescription medications have lower penalties, such as:

• Schedule III drugs – Up to 10 years for first offense
• Schedule IV drugs – Up to 5 years for first offense
• Schedule V drugs – Up to 1 year for first offense

Sentencing Enhancements

On top of the mandatory minimum sentences, federal law includes a variety of sentencing enhancements that can add even more prison time:

• Prior felony drug conviction – Penalties for repeat offenders are doubled
• Distribution near a school or other protected location – Adds up to twice the mandatory minimum sentence
• Involving someone under 18 – Adds up to twice the mandatory minimum sentence
• Death or serious bodily injury – Adds 20 years to life in prison

Federal Drug Conspiracy Charges

Prosecutors often pursue conspiracy charges in addition to the substantive drug crimes. Under 21 USC 846, conspiring to distribute drugs carries the same penalties as actual distribution.

So someone involved in plotting a drug deal faces the same mandatory minimums, even if no drugs actually changed hands. These conspiracy and attempt charges give prosecutors tremendous leverage to demand guilty pleas.

Criminal Forfeiture

Conviction on federal drug distribution charges can also lead to criminal forfeiture proceedings. Under 21 USC 853, the government can seize assets like cars, homes and bank accounts that facilitated the drug crime or represent proceeds from illegal activity.

Defending Federal Drug Distribution Charges

Facing a federal drug case can be an extremely daunting experience. But there are ways to fight the charges, even when the potential penalties seem overwhelming. Here are some of the most common strategies criminal defense lawyers use:

• File a motion to suppress evidence – If the police violated your Fourth Amendment rights through an illegal search or seizure, the evidence can be excluded. This could result in the charges being dismissed.
• Challenge the drug quantity calculations – The mandatory minimum sentences are tied to the weight of the drugs involved. In some cases, it may be possible to dispute the government’s drug quantity estimates. Even a small reduction could mean the difference between 5 years and 10 years.
• Raise evidentiary challenges – Weaknesses in the quality of the evidence or chain of custody issues could result in evidence being excluded at trial.
• Negotiate a plea bargain – While pleas in federal drug cases often still involve significant prison time, a skilled attorney may be able to work out a deal for a lesser sentence than the mandatory minimums for the charged offense. Prosecutors will sometimes agree to dismiss gun enhancements or not file prior felony informations in exchange for a guilty plea.
• Provide information on other crimes – In some cases, prosecutors will agree to file a downward departure motion under USSG 5K1.1 if the defendant provides “substantial assistance” by giving them useful information about other criminal activity. This is the only way judges can go below an applicable mandatory minimum at sentencing.
• Challenge the factual basis for the charges – If the attorney can raise doubts about whether you actually committed the drug crime as alleged, the prosecutor may agree to a plea on reduced charges or even move to dismiss the case.

The most viable strategies depend on the unique circumstances in each case. Having an experienced federal drug crimes lawyer thoroughly evaluate the prosecution’s evidence and identify potential defenses is crucial.

While federal drug distribution charges lead to severe penalties in many cases, there are still ways to fight the allegations and work toward the most favorable resolution possible. Don’t give up hope. Consult with a lawyer right away to get started building your defense.