FEDERAL DRUG CRIMES
Federal drug laws provide for harsh punishment and long-term prison sentences; contact the Border Defense Network now if you or a loved one have been charged with Federal or State drug crimes.
As a general rule, federal judges must impose a minimum term of imprisonment upon defendants convicted of various controlled substance (drug) offenses. However, the severity of those sentences depends primarily upon the nature and amount of the drugs involved, the defendant’s prior criminal record, any resulting injuries or death, and in the case of the related firearms offenses, the way the firearm was used in the commission of the crime.
Mandatory Minimum Sentencing
Drug offenses reside principally in the Controlled Substances Act or the Controlled Substances Import and Export Act. Drug-related firearms offenses involve the possession and use of firearms in connection with serious drug offenses and instances in which prior drug convictions trigger mandatory sentences for unlawful firearm’s possession.
The minimum sentences range from imprisonment for a year to imprisonment for life. Although the sentences are usually referred to as mandatory minimum sentences, a defendant may avoid these mandatory terms under several circumstances. For example, prosecutors may elect not to prosecute, or a case can be challenged and defeated for numerous reasons. Additionally, many defendants may qualify for sentencing under the “safety valve” provision available to low-level, nonviolent, first-time offenders.
Many of the most common domestic federal drug crimes are found in the US Criminal Code (U.S.C.) under 21 U.S.C. § 841 et. seq.
International Drug-related crimes are usually charged under 21 U.S.C. § 951 et. seq. California provides similar state drug crimes, and a defendant can be charged either in state court or federal court for almost any drug trafficking offense committed in the state.
Many of our federal drug cases begin with some type of traffic stop, search, or inspection of our client’s vehicles. Which usually happens at a border crossing, checkpoint, or traffic stop on a road or highway in Southern California. Some clients are arrested after federal investigations, where considerable resources have been spent investigating and documenting their criminal activity.
In either situation, it is essential to hire a knowledgeable Federal Drug Attorney if you or a loved one has been charged or is under investigation. Contact the Border Defense Network today.
Consequences Of A Federal Drug Conviction
Federal Drug Trafficking and International Drug Smuggling crimes are similar when it comes to sentencing which is determined by the nature and volume of the substance involved, the defendant’s criminal record, and injuries attributable to the offense.
The most severe penalties are often reserved for high volume trafficking and smuggling of eight substances assigned to Controlled Substance Schedules I and II.
The eight substances are heroin, powder cocaine, cocaine base (crack), PCP, LSD, fentanyl, methamphetamine, and marijuana. Criminal penalties related to each substance provide one set of mandatory minimums for trafficking in a very substantial amount listed in Section 841(b)(1)(A), and a second, lower set of mandatory minimums for trafficking in a lower but still substantial amount listed in Section 841(a)(1)(B). The first set (841(b)(1)(A) level) features the following thresholds:
Statutory maximum generally is 20 years
The eight substances are heroin, powder cocaine, cocaine base (crack), PCP, LSD, fentanyl, methamphetamine, and marijuana.
Criminal penalties related to each substance provide one set of mandatory minimums for trafficking in a very substantial amount listed in Section 841 (b) (1) (A), and a second, lower set of mandatory minimums for trafficking in a lower but still substantial amount listed in Section 841 (a) (1) (B).
The first set 841 (b) (1) (A) level features the following thresholds:
The criminal penalties for a federal drug conviction are harsh, even for a first offense. The minimum sentencing and fine guidelines can be found below for the eight most commonly trafficked or smuggled illegal substances below.
Minimum Sentence | Maximum Sentence | Individual Fine | Group Fine |
5 Years | 40 Years | Up to $2 million | Up to $5 million |
Drug | Amount Discovered |
Methamphetamine | 5 grams or more |
Heroin | 100 grams or more |
Cocaine | 500 grams or more |
Mixture Containing Cocaine | 50 grams or more |
Marijuana | 100 Kilograms or more (or 100 or more plants) |
Crack | 28 grams or more |
Fentanyl | 40 grams or more |
PCP | 10 grams or more |
LSD | 1 gram or more |
The criminal penalties for a federal drug conviction continue to increase for those who are being charged with their second offense. You can find the penalty guidelines in the charts below.
Minimum Sentence | Maximum Sentence | Individual Fine | Group Fine |
10 Years | Life | Up to $4 million | Up to $10 million |
Drug | Amount Discovered |
Methamphetamine | 5 grams or more |
Heroin | 100 grams or more |
Cocaine | 500 grams or more |
Mixture Containing Cocaine | 50 grams or more |
Marijuana | 100 Kilograms or more (or 100 or more plants) |
Crack | 28 grams or more |
Fentanyl | 40 grams or more |
PCP | 10 grams or more |
LSD | 1 gram or more |
Depending on the amount of illegal substances you are in possession of, the penalties continue to increase. The following charts show the sentencing guidelines for drug offenses when in the possession of an increased amount of illegal substances.
Minimum Sentence | Maximum Sentence | Individual Fine | Group Fine |
10 Years | Life | Up to $4 million | Up to $10 million |
Drug | Amount Discovered |
Methamphetamine | 50 grams or more |
Heroin | 1 kilogram or more |
Cocaine | 5 kilograms or more |
Mixture Containing Cocaine | 500 grams or more |
Marijuana | 1000 Kilograms or more (or 1000 or more plants) |
Crack | 280 grams or more |
Fentanyl | 400 grams or more |
PCP | 100 grams or more |
LSD | 10 gram or more |
The criminal penalties for a federal drug conviction continue to increase for those who are being charged with their second offense. Especially for those that are caught with a large amount of illegal substances that can be distributed.
Minimum Sentence | Maximum Sentence | Individual Fine | Group Fine |
20 Years | 40 Years | Life | Up to $20 million |
Drug | Amount Discovered |
Methamphetamine | 5 grams or more |
Heroin | 100 grams or more |
Cocaine | 500 grams or more |
Mixture Containing Cocaine | 50 grams or more |
Marijuana | 100 Kilograms or more (or 100 or more plants) |
Crack | 28 grams or more |
Fentanyl | 40 grams or more |
PCP | 10 grams or more |
LSD | 1 gram or more |
Penalties also can be increased if the defendant has a prior felony drug conviction or is a career offender (two or more felony drug offenses or crimes of violence).
Twenty-year mandatory minimum if death or serious bodily injury results from the use of the drug.
Enhanced penalties are also available for distribution to individuals under 21 (21 USC § 859) or distributions near schools, playgrounds, youth centers, arcades, pools, and public housing (21 USC § 860).
Penalties for Other Federal Drug Statutes
Penalties identical to distribution penalties.
Four-year maximum for drug diversion offenses.
Four-year maximum for each use of a telephone to arrange a drug transaction.
Misdemeanor with a one-year maximum, and can become felony with higher penalties if prior drug convictions.
Mandatory minimum twenty-years and maximum of life can be imposed on a leader of an organization of five or more individuals who engage in a continuing series of drug violations from which the person derived substantial income. Mandatory life and death penalty available under certain circumstances.
Twenty-year maximum for opening, leasing, renting, or maintain a premise for drug manufacturing, use or distribution. Also applies to those who manage or control such premises (including owners and landlords of rental properties).
Five-year maximum for traveling or using the mail or instruments of interstate commerce (telephone/internet) with intent to facilitate drug trafficking.