What to Know When Facing Federal Drug Trafficking Charges
Drug trafficking is one of the most prosecuted federal offenses in the United States. It is defined as the unlawful manufacturing, distribution, dispensing or possession with intent to distribute controlled substances, such as cocaine, heroin, methamphetamine and fentanyl. Trafficking carries heavy penalties that become more severe as the quantity of drugs involved in the crime increases.
A federal statute, 21 U.S.C. § 841(a), make it illegal to engage in activities involving controlled substances unless authorized by law (e.g., licensed medical practitioners or manufacturers). Controlled substances are classified into five schedules based on their, accepted medical use, safety and potential for abuse. The schedules range from Schedule I (drugs with no accepted medical use and a high potential for abuse, like heroin) to Schedule V (drugs with a low potential for abuse, like certain medications with low doses of codeine).
The penalties for federal drug trafficking vary by schedule and are generally more severe for larger quantities and for more dangerous substances. The following drugs are illustrative:
- Heroin (Schedule I) — A conviction involving large quantities of this narcotic can lead to sentences of 10 years to life in prison, with substantial fines.
- Cocaine (Schedule II) — Trafficking 500 grams or more of cocaine can result in a minimum sentence of 5 years, while trafficking larger quantities can lead to harsher sentences.
- Methamphetamine (Schedule II) — For trafficking 50 grams or more of pure methamphetamine, penalties can range from 5 to 40 years in prison.
- Marijuana (Schedule I) — Although marijuana’s legal status has shifted in some states, the federal trafficking law still applies. Trafficking over 100 kilograms of marijuana can lead to a prison term of 5 years to life.
The federal statute outlines mandatory minimum sentences that are imposed on individuals involved in large-scale drug trafficking operations, such as:
- For trafficking in 5 kilograms or more of cocaine or 50 grams or more of methamphetamine, 10 years in prison, with the possibility of life imprisonment for larger quantities.
- For trafficking in 1 kilogram or more of heroin, 10 years in prison.
- For trafficking in 1,000 kilograms or more of marijuana, five years in prison.
Federal laws allow for a degree of sentence reduction based on such factors as the defendant’s role in the offense or cooperation with law enforcement. However, the mandatory minimums limit the discretion of judges in sentencing.
With the prospect of mandatory minimum sentences, fines and other severe penalties being imposed, you should be represented by a skilled defense attorney who conducts a thorough investigation.
At the Law Offices of David Jay Glassman, we have wide experience defending people charged with federal drug offenses throughout New Jersey. We have offices in Marlton, Hackensack, Newark and New Brunswick. To arrange for a confidential consultation, call us at 856-596-8778 or contact us online.