Review of Federal Drug Trafficking Charges, Penalties, and Defenses
What is drug trafficking, anyway? The easiest way to understand it is to compare it to simple drug possession. Crimes of possession have to do with your drug use. You're caught with meth that you're planning to smoke later: that's possession.
Trafficking crimes, in contrast, normally have to do with helping others to move drugs. You're selling the meth you've got to transport it to others to sell: that's trafficking and often called drug distribution.
More specifically, trafficking is defined as any illegal act of making, manufacturing, transporting, or selling a controlled substance, including prescription drugs.
Drug trafficking is one of the most serious drug-related charges someone can face, and state and federal authorities aggressively pursue trafficking offenses.
The United States Department of Justice (DOJ) states that the unlawful selling and manufacturing of controlled substances account for a significant amount of all drug-related arrests in the Country.
Most cases wind up in state court, but drug trafficking is a federal crime as well, and you can be tried in federal court and face federal penalties, especially if:
- your trafficking activities involve crossing state lines or international borders,
- happen on federally-owned land, or
- were conducted as part of a large-scale drug trafficking ring.
You should also know that the difference between drug possession and drug trafficking is often a matter of degree.
Of course, if you're arrested with drug paraphernalia such as scales, the prosecutor will likely assume you are trafficking.
However, you can also be charged with trafficking simply for the amount of a drug you have on you.
If you're carrying more than fifty kilograms of marijuana around in your car, for example, you'll face trafficking rather than possession charges. When a crime crosses state lines or international borders, it could become an interstate crime under different federal laws.
Our Los Angeles criminal defense lawyers will take a closer look at the federal drug laws below.
What is a Federal Drug Trafficking Offense?
As noted above, drug trafficking under 21 U.S.C. 841 is the crime of unlawfully manufacturing, selling, transporting, or importing illegal drugs or controlled substances that include narcotics or prescription drugs. 18 U.S.C. 1956 defines the federal crime of money laundering.
It normally involves the sale, transportation, or distribution of large quantities of drugs or the distribution of drugs across state lines or the United States borders.
To be charged with drug trafficking, a defendant has to knowingly and intentionally sell, transport, or import the drugs, or have the intent to sell or deliver the drugs for commercial purposes.
If you were found in possession of certain drug-related materials when arrested, you could be charged with drug trafficking, including:
- plastic baggies for distributing the drugs,
- a scale for weighing the drugs, or
- a large amount of cash showing a drug trafficking operation.
Under this federal statute, it can be charged against someone who has more than a certain amount of an illegal drug or controlled substance, even if they were not sold or distributed for commercial purposes.
What is a Controlled Substance?
Put simply, a controlled substance is any drug, substance, or chemical whose manufacture, possession, or use is regulated by the federal government.
Under the Controlled Substances Act, these drugs are categorized into different schedules that are discussed in detail below based on their accepted medical use and potential for abuse or dependence.
The following type of drugs are normally involved in federal drug trafficking cases:
- Heroin,
- Marijuana,
- Cocaine,
- Fentanyl,
- Methamphetamine,
- Ecstasy,
- Oxycodone,
- Opium,
- Prescription narcotics.
How Drug Trafficking Penalties Work
Drug trafficking penalties vary based on two factors. First, they depend on what particular kind of drug you're trafficking. Second, they depend on the amount of that drug you're caught with.
The federal government classifies controlled substances—drugs—into five different “schedules” or categories, and these can determine what penalty you may face.
Schedule I: Drugs that have no accepted medical use and have a “high potential for abuse,” including ecstasy, peyote, LSD, heroin, and marijuana.
Schedule II: Drugs with a high potential for abuse and severe physical and psychological addiction, including cocaine, Vicodin, Fentanyl, and OxyContin.
Schedule III: Drugs with a moderate risk of physical and psychological dependence, such as anabolic steroids, ketamine, and testosterone.
Schedule IV: Drugs with a low risk of abuse and a low risk of dependence, including Tramadol, Darvocet, and Ambien.
Schedule V: Drugs with lower risks than schedule IV substances, such as Lyrica and Motofen.
For example, for the crime of trafficking in 1,000 kilograms or more of marijuana, a defendant could face a minimum of 10 years in federal prison and a maximum of life in prison, but could instead face a minimum sentence of 15 years if they have a prior serious felony drug conviction.
Generally speaking, penalties are higher for schedule I drugs and lower for schedule V. One important exception is marijuana, which, despite its status as a schedule I substance, usually brings far lower penalties than other schedule I drugs.
The second factor in determining sentences is the amount, and this varies considerably based on the drug that's involved. For instance, you face a mandatory minimum sentence of five years for:
- 1 gram of LSD,
- 100 grams of heroin,
- 5 grams of meth,
- 500 grams of cocaine.
Larger amounts of these same drugs can bring mandatory minimum sentences of 10 years.
- 10 grams of LSD,
- 1 kilogram of heroin,
- 50 grams of meth,
- 5 kilograms of cocaine.
Additional Penalties
Some special circumstances can increase the penalties for drug trafficking.
As with almost any other crime, the second offense for drug trafficking results in a longer sentence. The minimum is 20 years in federal prison. A third offense can garner a life sentence.
Killing someone while trafficking drugs, or even seriously injuring them, also brings a mandatory minimum sentence of 20 years.
Penalties are usually significantly enhanced if trafficking occurred near a school or involved a minor.
Conspiracy charges bring the same penalties as trafficking charges and are often an added charge, essentially doubling a prison sentence.
In addition, you can be tried for conspiracy just for planning to manufacture, transport, or sell drugs, even if you don't go through with the plan.
Finally, it's also worth knowing that a conviction for drug trafficking can have impacts beyond prison time.
Convicted traffickers must forfeit any property used in the commission of the crime, including cars, boats, and even houses.
Likewise, anyone convicted of a federal drug offense risks losing professional licenses, federal financial aid, and the right to purchase a gun.
Defending Federal Drug Trafficking Charges
People can and do successfully defend themselves from drug trafficking charges. It isn't unusual, for example, for the police to overstep legal boundaries when making busts.
Illegal searches and seizures can invalidate evidence. The most common defense to drug trafficking, however, is to plead to the lesser charge of possession.
Whether or not this is possible will ultimately depend on just how much of a substance you were caught with.
Some of the most common defense strategies to fight drug trafficking include:
- Insufficient evidence beyond a reasonable doubt to convict,
- Arrest was made by law enforcement without probable cause,
- Police entrapment or use of paid informants,
- Lack of intent to sell or distribute the drugs,
- Tampering with evidence or planting drugs,
- You had a reasonable belief the drugs were legal.
Federal drug trafficking cases could result in a reduction or dismissal of charges, or an acquittal at trial. Further, through negotiation with the prosecutor, even a lower sentence in a plea agreement.
So, you've been charged with drug trafficking or drug smuggling by the feds. That doesn't have to mean your life is over. You can defend yourself. You can rebuild your life. The first step in doing these things is finding out just exactly what you're facing.
Eisner Gorin LLP is based in Los Angeles County and serves clients in California and throughout the United States. Contact our firm for an initial consultation at (877) 781-1570, or by filling out our contact form.
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