Federal Drug Smuggling Charges - 21 U.S.C. § 967

Review of Federal Drug Smuggling Charges and Defenses

In the government's fight on the war on drugs, they have enacted severe penalties under federal law for drug-related offenses, such as drug smuggling described under 21 U.S.C. § 967.

This type of serious drug crime is under the jurisdiction of the federal government and is often investigated by the Drug enforcement administration (DEA).

Drug smuggling, also called “drug importation,” is the federal offense of transporting illegal controlled substances from one country into another.

Drug smuggling involves movement of controlled substances across state lines or U.S. borders.

It can involve just about any type of illegal drug, but typically includes methamphetamine, cocaine, heroin, and marijuana.

If you are convicted of drug smuggling, you are facing mandatory federal prison time under the sentencing guidelines, depending on the details of the offense, along with the specific type and amount of the drugs involved.

Put simply, the more serious the drug and the greater quantity that was smuggled, the more severe the penalties if you are convicted in a federal courtroom.

If you're facing federal trafficking or smuggling charges, you're probably feeling pretty overwhelmed right now.

Certainly, federal drug laws are no joke, and the consequences can be serious. You can take the first step towards controlling the situation, though, just by finding out all you can about the law and what it has to say about these crimes.

Our Los Angeles criminal defense attorneys will take a closer look at the drug smuggling laws below.

Drug Trafficking Vs. Drug Smuggling

The terms “drug trafficking” and “drug smuggling” are frequently used interchangeably.

That's because both crimes can involve moving illegal drugs from one location to another. However, they are separate crimes and can garner very different kinds of sentences.

Drug trafficking, as distinguished from simple drug possession, is defined under federal law 21 U.S.C. § 841 and usually involves manufacturing, dispensing, or distributing a controlled substance.

In simplest terms, drugs for your own use equal possession, and drugs for someone else's use equal trafficking.

Drug smuggling, on the other hand, which is dealt with in 21 U.S.C. § 967, involves the movement of controlled substances across state lines or the United States national border.

Importantly, you don't have to be “trafficking” drugs to be charged with “smuggling.” That is, even if the drugs on your person are strictly for personal use, if you've crossed boundaries with them, the government can accuse you of smuggling.

What Makes Drug Smuggling a Federal Offense?

Illegal drugs are a crime at both the state and federal level, and illegal sale or distribution of drugs could be prosecuted in a local state or federal courtroom.

There are different factors, however, that will make a drug crime a federal offense and investigated by a federal law enforcement agency, such as:

• if the offense involved an opioid drug, or
• prescription medications,
• if the quantity of drugs is significant,
• if the drugs crossed the border or state lines,

Typically, federal drug crimes are covered under by 21 U.S.C. § 960, which lays out penalties for different types of drug importing or exporting related crimes, such as labeling and packaging, importation and exportation of controlled substances, possession of drugs on a vessel or aircraft, and possession with intent to distribute in violation of 21 U.S.C. § 959. 18 U.S.C. 1956 defines the federal crime of money laundering.

What are the Federal Penalties?

If you are caught in possession of illegal drugs or trafficking in illegal drugs, you could be charged with either a state or federal crime, depending on where you're caught.

However, drug smuggling is always a federal offense because it either involves interstate commerce or illegally importing material into the country. Both activities are under the strict purview of the federal government.

The penalties for a drug smuggling conviction will depend on the type and amount of drugs.

The U.S. Code contains several specific provisions relating to drug smuggling, and the government can use any of them to charge you with smuggling:

21 U.S. Code § 952 makes it illegal to “import” any schedule I or II controlled substance and any schedule III, IV, or V narcotics into the United States;

21 U.S. Code § 825 makes it a crime to bring a controlled substance or even a legal drug into the country unless it is in a proper container with proper labeling;

21 U.S. Code § 955 designates possession of a controlled substance on a vessel or aircraft as smuggling. 

Meanwhile, 21 U.S. Code § 960 deals with the prescribed penalties for drug smuggling. As with other federal drug laws, these penalties vary based on two factors:

• the particular substance involved, and
• the amount of the substance you're caught with.

So, for example, if you are convicted of smuggling marijuana, you face up to five years in prison, and up to $250,000 in fines. Penalties double for second offenses.

Further, nobody sentenced under 21 U.S.C. § 960 is eligible for parole during their term of imprisonment. This means for a drug-smuggling conviction, you can be sentenced to a minimum of five to 10 years without parole.

If you are convicted of smuggling 10 grams or more of PCP or 5 grams of meth, the minimum sentence is five years in prison and up to $5 million in fines.

Second offenses come with 10-year minimums, and if your smuggling causes someone death or serious bodily injury, you're looking at 20 years to life.

What are the Possible Defenses for Drug Smuggling?

There are legitimate defenses to charges of drug smuggling. To get a conviction, a prosecutor must prove:

• You played some part in bringing a controlled substance into the country;
• You knew the substance you were smuggling was a “controlled” substance;
• You knew the substance was coming into the US.

Given this burden of proof, a defense might involve proving you:

• Didn't know the drugs were coming into the US;
• Weren't aware you had the drugs in your possession;
• Didn't realize the drugs were illegal;
• Smuggled the drugs under duress'
• You are the victim of mistaken identity;
• You are the victim of police entrapment;
• Evidence obtained by illegal search and seizure.

Of course, if the charges against you came about as the result of an illegal search and seizure, you may be able to have evidence thrown out of court, leaving the prosecutor with insufficient evidence to prove their case.

US drugs laws are complex and can be difficult to understand. That doesn't mean, though, that you can't successfully defend yourself if you are charged with drug smuggling.

As with all criminal charges, the key is to know exactly what you're up against. We need to closely review all the details to formulate a defense strategy.

Eisner Gorin LLP is based in Los Angeles and you can reach us for an initial consultation by calling (877) 781-1570 or filling out the contact form.