21 U.S.C. § 843 – Prohibited Use of Communication Facility in Drug Crimes

21 U.S.C. § 843 is a federal law that makes it illegal to use any communication facility, like a phone or the internet, to commit a felony drug offense. This law was passed by Congress as part of the Comprehensive Drug Abuse Prevention and Control Act of 1970. The purpose is to crack down on the use of communication tools to facilitate drug trafficking and other drug felonies.

Let’s break down what this law actually prohibits in simple terms that a high schooler could understand:

• You can’t use a phone, email, website, app, or anything else to buy, sell, or plan illegal drug activities.
• It doesn’t matter if you’re the one selling drugs or just helping to arrange a drug deal – using communications technology for drug felonies is against the law.
• The penalty is up to 4 years in prison for each offense. So if you text someone to buy drugs, then call someone else to sell drugs, you could be charged twice under this law.

This law was passed back in the 1970s when the main “communication facility” was the telephone. But today it applies to any technology people use to communicate, including:

• Cell phones
• Texting
• Email
• Messaging apps
• Websites
• Online marketplaces
• Social media
• Pretty much anything on the internet

The government uses this law a lot to go after drug rings and gangs who use technology to organize and conduct their illegal activities. But it can also apply to small-time drug dealers or even drug buyers who make deals over the phone or online.

There are some key things to understand about the specifics of this law:

Using Communications Technology to “Facilitate” a Drug Felony

You don’t have to actually buy or sell drugs to violate 21 U.S.C. § 843. The law bans using communications tech to “facilitate” a drug felony. This means helping to coordinate or arrange an illegal drug activity in any way. For example:

• Texting your friend for the phone number of a drug dealer
• Posting on social media asking if anyone has drugs to sell
• Using an app to find customers for your illegal drug sales

Even if you don’t handle the drugs or money yourself, you can be charged for facilitating the larger drug crime.

Each Communication is a Separate Offense

Prosecutors can charge you separately for each call, text, email, etc. that is used to break this law. So if you use your phone to arrange a drug deal, that’s one count. Then you use social media to recruit more customers, that’s a second count. Each communication technology used is an additional felony charge.

This Law Works Hand-in-Hand with Drug Trafficking and Conspiracy Laws

Prosecutors often use 21 U.S.C. §.

For example, if someone is caught selling methamphetamine, they could be charged with:

• Distribution of methamphetamine
• Using a cell phone to facilitate meth distribution (21 U.S.C. § 843)
• Conspiracy to traffic methamphetamine

Layering the communication facility charge on top of other drug crimes allows prosecutors to seek longer sentences.

The War on Drugs Has Led to Controversial Uses of This Law

Civil liberties advocates argue that 21 U.S.C. § 843 has been used unfairly and excessively as part of the War on Drugs. For example:

• A man in California got 4 years in federal prison just for arranging a small marijuana deal over the phone.
• The law has been used to enhance sentences for low-level inner city drug dealers communicating through basic cell phones.
• Some say the broad application to all communication facilities is unconstitutional.

However, prosecutors argue this law is essential to combat organized drug trafficking enabled by modern technology. It provides an important tool to disrupt major drug operations by cutting off their communication channels.

The Internet Created New Ways to Violate This Law

When 21 U.S.C. § 843 was passed in 1970, the internet didn’t exist. But the law has proven very adaptable to new technologies. Some examples of how it is used in the digital age:

• In United States v. Siripong, a man was convicted for facilitating drug sales by creating websites that allowed people to discreetly buy illegal drugs online.
• A darknet encrypted communication system called Phantom Secure was shut down by the FBI for facilitating drug trafficking.
• The law has been used to seize domain names of websites illegally selling prescription opioids without a prescription.

As technology continues to evolve, prosecutors can apply this law to whatever new communication methods criminals use for drug activities, even those not yet invented.

Defenses and Challenges

There are some legal defenses and arguments that can potentially challenge charges under 21 U.S.C. § 843:

• Free Speech – Defendants may argue this law violates the First Amendment right to free speech by criminalizing communication. But courts have generally ruled the law only prohibits speech integral to committing a drug felony.
• Lack of Knowledge – Prosecutors must prove the defendant knowingly and intentionally used communication technology to facilitate a drug crime. Claiming you didn’t know a phone call or post was furthering illegal activity could fight the charges.
• Outrageous Government Conduct – If law enforcement pressured someone into committing a crime they wouldn’t otherwise, it may constitute entrapment or outrageous government conduct violating due process rights.
• Vagueness – A law can be struck down if it is too vague about what conduct is illegal. Defendants have challenged the broad scope of “facilitation” but courts have upheld the law.

These defenses have succeeded in some cases but usually face an uphill battle given the broad powers courts have granted the government under this statute.

Stay Informed and Be Careful

The takeaway is that 21 U.S.C. § 843 casts a wide net over all types of communication technology used in relation to drug felonies. Understanding the broad scope of this law can help people stay out of trouble and avoid unknowingly facing federal charges.

The safest approach is simply not to use phones, apps, websites, or anything else to buy, sell, or coordinate illegal drug activities. This law is flexible enough to adapt to any new tech, so nothing provides a foolproof safe harbor for committing drug crimes.

If you’re ever unsure if your communications could get you in legal trouble, talk to a lawyer. The penalties are severe, so it pays to be informed and careful when combining technology with drug-related activities.