The legal drug trafficking definition is importing, transporting, or selling illegal drugs. In some states, drug trafficking is called drug distribution. This is very different to drug possession. Drug trafficking is a federal crime and a felony.
The drug trafficking definition and legal guidelines are set by the federal government, but a defendant can be charged under state laws or federal laws depending on the circumstances. If the defendant conducts drug trafficking across state lines or internationally, then they will be charged under federal laws.
Each state will have different minimum and maximum sentencing for drug trafficking offenses, but the state laws are routed in the federal drug trafficking laws. Drug trafficking laws are subject to a lot of controversy because it is often petty criminals who are prosecuted by drug trafficking laws rather than the cartels and violent criminals.
Drug Trafficking Definitions: Controlled Substances
A controlled substance is a substance that the law regulates in order to protect public health. Controlled substances are broken down into 5 “schedules” for classification purposes. Drug trafficking laws take into account the classification of the drugs being trafficked. A schedule I drug is highly addictive and can be unsafe, so it will attract higher penalties than any other drugs. All drugs are sorted into the 5 schedules, even commonly accessible drugs like Tylenol.
Drug Trafficking Definitions: Penalties
When deciding on the sentencing for a federal drug trafficking charge, the court will take into account the circumstances of the case. This includes what schedule drug is being trafficked and the quantity of drug being trafficked. Here are some examples of the prison sentences a felony drug trafficking conviction may bring:
- 5 years or less for 50kgs of marijuana
- 5-40 years for 500g of cocaine or 100g of heroin
- 10 years – life for 1,000kg of marijuana, 5kg of cocaine, or 1kg of heroin
The quantities required for certain sentences vary depending on the drug. In addition, the penalties may be increased in certain circumstances, like:
- A firearm was used
- If the defendant is the leader of the drug trafficking “ring”
- If the drugs caused serious injury or death
- If you or others caused serious injury or death while trafficking drugs
The additional time for these circumstances often cannot be served simultaneously with the original sentence.
Sentencing Guidelines For Drug Trafficking
Most state laws provide both minimum and maximum sentencing guidelines based on the type of drug and the quantity of drug being trafficked. The guidelines are often quite wide, for example, the sentencing guideline might be “between 5 and 40 years.” The judge will look at the facts of the case, the type of drug, quantity, and the “business practices” used while drug trafficking to determine how to sentence the defendant if convicted. They may consider the criminal history, size of operation, and the role of the defendant too. If the drugs caused someone’s death or were being trafficked within a certain radius of a school, the penalty will be more serious.
Drug Trafficking Definition: Mandatory Minimum Sentences
As of 2005, there are no longer minimum sentence guidelines for drug trafficking crimes. This allows the court to exercise more discretion in determining the severity and involvement of the defendant in a drug trafficking operation. The drug trafficking laws often still contain minimum sentencing guidelines, but the judge can take that as an advisory guideline rather than a mandatory guideline now. The change was made by the US Supreme Court, so it is applicable for all federal and state cases.
Drug Trafficking Definition: What Is a Downward Adjustment?
A downward adjustment allows the judge to use their discretion to consider any assistance the defendant has given law enforcement or federal prosecutors. If the defendant is arrested for drug trafficking and helps federal prosecutors to arrest other people involved in drug trafficking or provides information about suppliers, then the federal prosecutors may ask the court for a downward adjustment. The judge will consider the evidence presented in the case and how much help the defendant has given federal prosecutors and may reduce the sentence beyond the minimum guidelines.
Because the federal prosecutors and the judge use their discretion when discussing the amount of help they received from the defendant, there is no substantial rule for how much help the defendant needs to give in order to receive a downward adjustment.