Drug Trafficking Laws

Selling, providing, delivering, or otherwise distributing controlled substances is often known as trafficking. This crime can lead to much harsher penalties than simple drug possession. If someone thinks that they may be suspected of drug trafficking, they should not try to persuade the police of their innocence. Instead, they should retain an attorney to handle any interactions with law enforcement and investigate available defenses.

Elements of Drug Trafficking

The main federal law defining this crime is 21 U.S. Code Section 841, which prohibits knowingly or intentionally engaging in certain activities that involve controlled substances. These include distributing or dispensing a controlled substance, as well as possession with the intent to distribute or dispense. (The statute also covers counterfeit substances, which are marked as though they come from a source different from their real source.) States prohibit drug trafficking as well. Like the federal statute, these laws typically require a prosecutor to prove intent or knowledge.

In general, a defendant probably faces a higher risk of a trafficking charge if they possessed a quantity greater than what they would reasonably need for personal use. Some statutes even provide that possessing at least a threshold amount of a certain controlled substance is automatically considered drug trafficking. For example, Florida Statutes Section 893.135 includes knowingly possessing at least 28 grams of cocaine in its definition of cocaine trafficking.

Other tangible evidence that might support a trafficking charge includes measuring equipment, multiple bags or containers storing drugs, records of transactions, customer lists, or large amounts of cash without an innocent explanation. A prosecutor also might use witness testimony, such as when they persuade a suspect to testify against their former partner in crime in exchange for a favorable plea deal.

Drug Conspiracy

Sometimes several people agree to join forces in a drug trafficking operation. This could result in a drug conspiracy charge even if the defendants never actually engaged in trafficking. 21 U.S. Code Section 846 provides that conspiring to commit a federal drug crime carries the same penalties as the underlying offense.

Example of Drug Trafficking

An officer stops Phil for a traffic violation. While approaching Phil's car, the officer sees Phil toss a set of baggies out the window. The officer seizes the baggies, and the contents test positive for cocaine. A search warrant executed at Phil’s home reveals a ledger of transactions with customers. Phil likely could face a drug trafficking charge.

Suppose instead that Phil tosses a single baggie out the window. It turns out to contain a small amount of cocaine. A subsequent search of his home reveals some paraphernalia used to consume cocaine. Phil might face a drug possession charge, but this probably does not support a trafficking charge without further evidence.

Offenses Related to Drug Trafficking

Other charges that might arise from a situation supporting a drug trafficking charge include:

Defenses to Drug Trafficking Charges

Some of the most common drug trafficking defenses involve the process of collecting the evidence against the defendant. The Fourth Amendment to the U.S. Constitution provides protection from unreasonable searches by law enforcement. If the police conducted a search that violated the Fourth Amendment, the defendant could ask the court to suppress any evidence found in the search. This could prevent the prosecutor from proving their case. Other law enforcement misconduct that could lead to a similar result might involve a coerced confession or a violation of Miranda rights.

In other cases, a defendant might argue that they lacked the mental state required by the statute. Perhaps they did not know that they were transporting controlled substances. If they had every reason to believe that they were bringing validly prescribed pain medication to their friend’s aunt, this argument might work. However, a doctrine called “willful blindness” may attribute knowledge to a defendant if they should have suspected that trafficking was underway but tried to dodge liability by avoiding actual knowledge.

Entrapment

Sometimes pressure from law enforcement “entraps” a citizen into committing an offense that they were not predisposed to commit. For example, perhaps an undercover officer in a sting operation induced the defendant to sell drugs to them. Entrapment is a complete defense.

When trafficking arises from possessing a certain quantity of drugs, a defendant might challenge the quantity measurement. While this might not get them off the hook entirely, they could face the more lenient penalties associated with simple possession.

Sometimes a defense called “duress” may defeat a charge. This means that someone forced the defendant to commit the crime through a threat of imminent, serious harm. For example, a drug dealer might have threatened to kill the defendant unless they delivered drugs.

Penalties for Drug Trafficking

Under the federal statute, penalties for drug distribution may depend on both the substance and the quantity at issue. For instance, a defendant who distributes between 100 grams and one kilogram of a mixture or substance containing heroin generally will face 5-40 years in prison, while a defendant who distributes a greater amount generally will face 10 years to life. These two sentencing ranges also apply to certain amounts of cocaine, LSD, marijuana, methamphetamine, and other controlled substances. Otherwise, a defendant generally may face up to 20 years of imprisonment for distributing a Schedule I or II substance, up to 10 years for a Schedule III substance, up to five years for a Schedule IV substance, and up to one year for a Schedule V substance.

States take a variety of approaches to sentencing. For example, Texas divides controlled substances into several “penalty groups,” of which Penalty Group 1 contains the most dangerous drugs and Penalty Group 4 the least dangerous. Delivering less than 28 grams of a substance in Penalty Group 3 or 4 is only a state jail felony, which carries 180 days to two years of imprisonment. On the other hand, delivering as little as four grams of a substance in Penalty Group 1 is a first-degree felony, which carries 5-99 years or life imprisonment.

In contrast, Washington follows a simpler scheme. Its statute prohibiting the delivery of controlled substances does not distinguish based on quantity in setting the length of a potential prison term. Delivering narcotics in Schedule I or II (or flunitrazepam in Schedule IV) is a class B felony that carries up to 10 years of imprisonment. Amphetamine and methamphetamine are treated similarly. Delivering any other controlled substance is a class C felony, which carries up to five years of imprisonment.

Last reviewed July 2024

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