Cocaine Distribution

Cocaine Distribution Laws and Defenses

Cocaine is a highly addictive and dangerous drug that can lead to devastating health consequences. Despite the risks, many people find themselves facing cocaine possession or distribution charges. These charges carry severe penalties in most states. If you have been accused of a cocaine crime, it is critical that you understand the laws in your state and work with an experienced criminal defense attorney to protect your rights.

Cocaine is Classified as a Schedule II Drug

The federal government categorizes drugs into schedules based on their potential for abuse and accepted medical use. Schedule I drugs like heroin have a high potential for abuse and no accepted medical use. Schedule II drugs still have a high potential for abuse but have some limited medical uses. Cocaine falls under Schedule II along with drugs like morphine and methamphetamine. This classification means cocaine possession and distribution is strictly regulated and carries harsh penalties compared to drugs in lower schedules.

Penalties Depend on the Type and Amount of Cocaine

Sentences for cocaine crimes depend on two main factors – the type of cocaine and the amount. There are two common forms of cocaine:

• Powder cocaine – Typically a white, crystalline powder commonly snorted through the nose. Also called coke.
• Crack cocaine – Cocaine processed into rock crystal form that produces vapors when heated. It is smoked in a pipe or bong.

Federal law treats crack cocaine offenses much more severely than powder cocaine. Just 5 grams of crack carries the same 5-year mandatory minimum sentence as 500 grams of powder cocaine.

Penalties also increase dramatically with the total weight of the cocaine. Under federal law, 5 kilos of powder cocaine triggers a minimum 10-year sentence compared to just 50 grams for crack. Most states have similar weight thresholds that ratchet up penalties.

Possession vs. Possession with Intent to Distribute

A possession charge simply means having cocaine on your person or property. Possession with intent to distribute adds the intent to sell or share the drugs with others.

Simple possession of any amount of cocaine is a federal felony with up to 1 year in prison for a first offense. Most states match or exceed this penalty. Possession of larger amounts can lead to sentences over 10 years in prison.

Possession with intent kicks penalties even higher with up to 20 years in prison under federal law. Most states impose 10-30 years for cocaine distribution convictions depending on the amount involved.

Aggravating Factors Can Increase Penalties

Several factors can worsen penalties for cocaine possession or distribution charges:

• Prior drug convictions – Repeat offenses ratchet up mandatory minimum sentences. For example, a second federal crack cocaine distribution conviction jumps the minimum from 5 to 10 years.
• Location – Penalties increase dramatically for drug transactions within 1,000 feet of a school, park, public housing or other protected locations. This can turn a misdemeanor possession charge into a felony.
• Weapons – Having a gun during commission of a drug felony typically adds years to any sentence.
• Minors – Distribution of any illegal drug to a minor under 18 leads to an enhanced sentence.
• Organized crime – Participating in a drug trafficking organization or street gang can result in up to life in prison for a cocaine distribution offense.

Collateral Consequences of a Conviction

Beyond jail time, a cocaine conviction can negatively impact many aspects of life:

• Loss of voting rights, sometimes permanently
• Loss of access to federal benefits like food stamps and housing assistance
• Loss of driving privileges
• Difficulty finding employment, especially in licensed professions
• Difficulty obtaining student loans
• Deportation for non-citizens
• Loss of custody rights

The stigma and restrictions imposed after a drug conviction underline the importance of building an aggressive legal defense to avoid conviction in the first place.

Common Defenses Against Cocaine Charges

Skilled criminal defense lawyers have a number of strategies to defend against cocaine charges:

• Lack of possession – Argue the drugs were not actually in your possession or control at the time of arrest. For example, if drugs were found in your friend’s car where you were a passenger.
• No intent to distribute – Fight distribution charges by arguing the amount was consistent with personal use, not sale. Present evidence you have no connections to dealers or trafficking.
• Illegal search – Move to suppress drug evidence that was obtained through an unconstitutional search without probable cause. This can invalidate an entire case.
• Entrapment – Argue you were improperly induced or coerced into committing the crime by overzealous law enforcement.
• Misidentification – In cases relying on eyewitness testimony, challenge the credibility and accuracy of the witnesses identifying you.
• Procedural errors – Scrutinize the prosecution’s handling of evidence and procedures to uncover technical mistakes that violate your due process rights.

Work with An Experienced Criminal Defense Lawyer

Cocaine charges should always be taken seriously given the severe penalties involved in many states. Never attempt to represent yourself against felony drug charges. An experienced criminal defense lawyer intimately understands state and federal drug laws and procedures.

They can evaluate the prosecution’s case and identify any constitutional, evidentiary or procedural weaknesses. They will challenge questionable police conduct, witness credibility and the accuracy of any alleged confessions or statements you may have made.

Most importantly, a knowledgeable drug crimes lawyer will negotiate aggressively with prosecutors to have charges reduced or dismissed entirely in exchange for a guilty plea to a lesser offense. This is by far the most common outcome, avoiding the risks and expense of trial.

Don’t leave your future to chance. Work with a criminal defense attorney experienced in cocaine cases to protect your rights and freedom. They understand the complexities of drug laws and how to build the strongest defense possible against possession or distribution charges. With proper legal guidance, many people avoid the life-changing consequences of a cocaine conviction.