Drug Trafficking
Federal Drug trafficking charges are serious offenses. A drug trafficking charge requires that the government prove beyond a reasonable doubt that the attempted to transport, transported, or conspire to transport a controlled substance. The law prohibits illegal drugs from being imported, exported, distributed, or manufactured. The penalty for a drug trafficking charge will depend on the type of drug, the quantity of the drug, whether the accused has previously committed an offense previously, and whether the offense resulted in the death or serious injury of another person. The government cannot add different drug amounts together to reach a mandatory minimum sentence when a person is convicted of committing more than one substantive charge.
Under 21 U.S.C §841(a), a person is prohibited from knowingly or intentionally manufacturing, distributing, dispensing, possessing with the intent to manufacture, dispense, an illegal drug. additional, under 21 U.S.C. §841(a), the law prohibits any person from creating, distributing, dispensing, or possessing with the intent to distribute or dispense, a counterfeit illegal drug. 21 U.S.C §841(b) requires that there be a mandatory minimum punishment range for certain types of criminal charges.
Under 21 U.S.C. §960(a), a person is prohibited from knowingly or intentionally importing or exporting an illegal drug, knowingly or intentionally bringing, or possessing on board a vessel, aircraft, or vehicle an illegal drug. Additionally, prohibits a person from manufacturing with the intent to distribute, or distributing an illegal drug. As in 21 U.S.C. §841(b), 21 U.S.C. 960(b) requires that there be a mandatory minimum punishment range for certain types of criminal charges.
Under both 21 U.S.C §841(b) and Under 21 U.S.C §960(b), the following are the penalty ranges for drug trafficking offenses:
Controlled Substance | 5 Year Statutory Minimum | 10 Year Statutory Minimum |
Heroin | 100 grams | 1 kilogram |
Cocaine | 500 grams | 5 kilograms |
Cocaine Base | 28 grams | 280 grams |
Methamphetamine (actual) | 5 grams | 50 grams |
Methamphetamine (mix) | 50 grams | 500 grams |
Fentanyl | 40 grams | 400 grams |
Fentanyl Analogue | 10 grams | 100 grams |
Marijuana | 100 kilograms | 1,000 kilograms |
When a drug trafficking crime or federal crime of violence involves firearms, it is common for a person to also be accused of using or carrying a firearm during or in relation to, or possess a firearm in furtherance of a drug trafficking crime or federal crime of violence. Depending on the firearm involved, the mandatory minimum sentence will increase. Additionally, relevant conduct, and prior criminal history of the person accused may cause the minimum punishment range to increase. For more information on drug trafficking crimes, or pending criminal charges for drug trafficking crimes, consult with an experienced criminal defense attorney.