Federal Drug Trafficking Charges and Penalties in New York

Drug trafficking charges in New York can vary widely depending on the type and amount of drug involved, as well as whether state or federal charges are brought. This article provides an overview of potential penalties for federal drug trafficking crimes in New York.

Federal vs. State Drug Trafficking Charges

Drug trafficking crimes can be prosecuted at both the state and federal level. Federal charges tend to be more serious, carrying lengthier prison sentences. Some key differences:

• Federal trafficking charges typically involve larger quantities of drugs. For example, trafficking 500 grams or more of cocaine triggers federal charges.
• Federal charges carry mandatory minimum sentences – this means judges have less flexibility in sentencing. For example, a first offense trafficking 500-5000 grams of cocaine carries a federal mandatory minimum of 5 years in prison^[1].
• Federal charges can be brought even for marijuana trafficking in states where it is legalized. Under federal law marijuana remains illegal.
• Federal charges may apply if drugs crossed state or national borders as part of trafficking operations. Interstate trafficking falls under federal jurisdiction.

Federal Penalties for Drug Trafficking

The main federal law governing drug penalties is the Controlled Substances Act. Penalties depend on the type and quantity of drug involved^[5]:

Cocaine

• 500–4,999 grams mixture – First Offense: Not less than 5 years, and not more than 40 years. If death or serious injury, not less than 20 years or more than life. Fine of not more than $5 million if an individual, $25 million if not an individual.
• Second Offense: Not less than 10 years, and not more than life. If death or serious injury, life imprisonment. Fine of not more than $8 million if an individual, $50 million if not an individual.
• 5 kilograms or more mixture – First Offense: Not less than 10 years, and not more than life. If death or serious injury, not less than 20 years, or more than life. Fine of not more than $10 million if an individual, $50 million if not an individual.
• Second Offense: Not less than 20 years, and not more than life. If death or serious injury, life imprisonment. Fine of not more than $20 million if an individual, $75 million if not an individual.

Heroin

• 100–999 grams mixture – First Offense: Not less than 5 years, and not more than 40 years. If death or serious injury, not less than 20 years or more than life. Fine of not more than $5 million if an individual, $25 million if not an individual.
• Second Offense: Not less than 10 years, and not more than life. If death or serious injury, life imprisonment. Fine of not more than $8 million if an individual, $50 million if not an individual.
• 1 kilogram or more mixture – First Offense: Not less than 10 years, and not more than life. If death or serious injury, not less than 20 years, or more than life. Fine of not more than $10 million if an individual, $50 million if not an individual.
• Second Offense: Not less than 20 years, and not more than life. If death or serious injury, life imprisonment. Fine of not more than $20 million if an individual, $75 million if not an individual.

Methamphetamine

• 5–49 grams pure or 50–499 grams mixture – First Offense: Not less than 5 years, and not more than 40 years. If death or serious injury, not less than 20 years or more than life. Fine of not more than $5 million if an individual, $25 million if not an individual.
• Second Offense: Not less than 10 years, and not more than life. If death or serious injury, life imprisonment. Fine of not more than $8 million if an individual, $50 million if not an individual.
• 50 grams or more pure or 500 grams or more mixture – First Offense: Not less than 10 years, and not more than life. If death or serious injury, not less than 20 years, or more than life. Fine of not more than $10 million if an individual, $50 million if not an individual.
• Second Offense: Not less than 20 years, and not more than life. If death or serious injury, life imprisonment. Fine of not more than $20 million if an individual, $75 million if not an individual.

Marijuana

• 1,000 kilograms or more mixture; or 1,000 or more plants
• First Offense: Not less than 10 years, and not more than life. If death or serious injury, not less than 20 years, or more than life. Fine of not more than $10 million if an individual, $50 million if not an individual.
• Second Offense: Not less than 20 years, and not more than life. If death or serious injury, life imprisonment. Fine of not more than $20 million if an individual, $75 million if not an individual.

Other Potential Federal Charges

In addition to drug quantities, other charges may apply:

• Possession of a firearm – If a firearm is possessed during drug trafficking, mandatory minimum 5 years added to sentence. Up to life imprisonment if firearm is a machine gun or has a silencer^[6].
• Distribution near schools/colleges – Doubles maximum penalties if drugs are trafficked within 1,000 feet of a school, college, playground, etc.
• Employment of juveniles – Adult offenders who employ or use minors under 18 to assist in drug operations face twice the maximum penalties under federal law.
• Organized crime/gang involvement – Participating in a continuing criminal enterprise involving large scale drug trafficking can carry up to life imprisonment.

New York State Drug Trafficking Penalties

In additional to federal charges, New York state laws also prohibit drug trafficking. Some key penalties:

• Possession of between 1/8 ounce and 4 ounces of a narcotic drug like cocaine or heroin, or between 1/2 pound and 10 pounds of marijuana is a Class D felony, punishable by up to 7 years in prison^[2].
• Possession of larger quantities – or intent to sell – leads to more serious Class C, B, or A felonies. For example, selling 2 or more ounces of a narcotic drug, or possessing 4 pounds or more of marijuana, is an A-II felony punishable by 3-25 years in prison^[3].
• Being a “major trafficker” under New York law involves selling $75,000 or more of controlled substances over a period of time. This is an A-I felony punishable by 15-25 years minimum in prison, up to life^[4].

Defenses Against Drug Trafficking Charges

If you are facing federal or state drug trafficking charges, potential defenses to explore include^[3]:

• Illegal search and seizure – If evidence was obtained illegally by police, it may be possible to get charges dismissed or reduced.
• Entrapment – You may have a defense if police coerced you into committing a drug crime you otherwise wouldn’t have.
• Lack of criminal intent – The prosecution must prove you knowingly trafficked drugs. Mistake of fact may be a defense.
• Not actual possession – You can’t be convicted of possessing drugs that weren’t actually under your control.
• Duress – If you trafficked drugs under threat of harm, this may provide a defense.

Conclusion

Drug trafficking charges should always be taken seriously, particularly on the federal level where mandatory minimums limit judicial discretion. If you are under investigation or have been arrested for trafficking, immediately consult with a criminal defense lawyer to protect your rights. An experienced attorney can often negotiate reduced charges or sentences, particularly for first time offenders who cooperate. But outcomes are very case specific – your best bet is trusting an expert drug crimes lawyer to handle your defense.