How Conspiracy Laws Target Minor Players in Drug Operations

How Conspiracy Laws Target Minor Players in Drug Operations

When most people think of drug conspiracies, they imagine high-level kingpins coordinating complex operations. But the truth is, conspiracy laws often end up targeting much smaller players in the drug trade. Let’s take a closer look at how this happens.

What are drug conspiracy laws?

Conspiracy laws make it a crime to agree with someone else to commit a crime, even if the crime never actually happens. When it comes to drugs, federal and state laws often include very broad definitions of conspiracy. Basically, if you make any agreement to violate drug laws, you could be charged with conspiracy.

For example, agreeing to sell drugs with someone else is considered a drug conspiracy under the law. So is agreeing to transport drugs or money related to drug sales. Even just offering advice to support someone else’s drug operation could make you part of a conspiracy.

How do these laws target minor players?

Here’s the thing – when prosecutors go after drug rings, their main targets are usually the ringleaders and high-level dealers. But building cases against kingpins can be really tough. They tend to insulate themselves from the drugs and keep their hands clean.

That’s where conspiracy laws come in handy for prosecutors. These laws allow them to rope in minor players in the conspiracy who may have more direct contact with drugs or other evidence. Prosecutors can then offer reduced charges or lighter sentences if these small players agree to testify against the leaders.

Some examples of minor roles who get caught up in drug conspiracies include:

• Low-level dealers
• Drivers who transport drugs or money
• Lookouts who provide security and warnings
• Friends or partners who provide financial support or advice

Even when these players have little power or only peripheral involvement, conspiracy laws allow prosecutors to go after them as part of taking down the whole operation.

The case of girlfriends and wives

One group that often gets targeted unfairly are girlfriends and wives of drug dealers. Say a woman knows her boyfriend is selling drugs, but doesn’t actually get involved in the dealing herself. She could still get charged with conspiracy just for letting him make calls related to his business from her phone or apartment.

There have been many cases where women got sentenced to years in prison for conspiracy when their only real crime was being in a relationship with a drug dealer. These women often don’t have the means to fight federal conspiracy charges and end up doing more time than their partners.

Why do prosecutors target minor players?

Prosecutors have a few motivations for using conspiracy charges against small fish:

• Easier to prosecute – Minor players are much easier to build cases against.
• Plead up the chain – Prosecutors use minor players to snitch on higher-ups in exchange for lighter sentences.
• Disrupt operations – Taking out bit players helps disrupt the whole drug ring.
• Bolster records – More convictions make prosecutors look better.

Critics argue these tactics go too far. Conspiracy laws cast too wide a net and end up punishing minor crimes too harshly, like girlfriends who simply know about their partner’s crimes.

What are the penalties for drug conspiracy?

Because conspiracy is considered an independent crime, the penalties can be severe even for minor players. Under federal law, all drug conspiracies carry a maximum sentence of up to 20 years in prison. And if the conspiracy involves major quantities of drugs like 500 grams of meth or 5 kilograms of cocaine, sentences quickly jump up to 10 years to life.

Many states also have their own tough conspiracy laws. North Carolina takes things even further – it’s one of a few states where conspiracy is treated the exact same as the actual completed crime. So conspiring to sell a few grams of cocaine carries the same possible sentence as actually selling it.

Do these laws achieve their goals?

Supporters argue conspiracy laws are necessary to take down entire drug networks. And it’s true these statutes give prosecutors powerful tools to go after kingpins by targeting their associates. But critics say the costs are too high – minor participants end up getting punished far beyond their actual roles.

There’s also little evidence that using conspiracy charges against small players does much to slow drug activity. Low-level dealers are easily replaced. And the girlfriends and lookouts have little impact on operations compared to ringleaders and high-level traffickers.

So while conspiracy laws look good on paper in terms of dismantling drug networks, many argue their broad application sweeps up and punishes predominantly poor, minority offenders who have little real power or culpability.

Calls for changing conspiracy laws

Some states have introduced reforms to rein in conspiracy laws. In 2020, New York passed a bill ensuring people charged with conspiracy can’t get sentenced to more time than the least-culpable co-conspirator. This helps curb excessive sentences for girlfriends and minor associates.

However, most states and the federal government still retain very expansive conspiracy laws that can ensnare all kinds of peripheral players. Defense attorneys and criminal justice advocates continue to call for more changes to require proof of actual intent to further drug operations, rather than just mere knowledge of illegal activity.

Until reforms happen, prosecutors will likely continue wielding conspiracy charges to cast a wide net around entire drug rings. And the harshest punishments will continue falling predominantly on minor players with little real power or culpability.

The bottom line

Conspiracy laws play a key role in targeting drug networks. But their broad reach means bit players like low-level dealers, drivers, lookouts, and partners often end up facing the brunt of the penalties. Critics argue this dynamic unfairly punishes minor crimes and does little to deter drug operations long-term. But for now, conspiracy charges remain a powerful tool for prosecutors, even as calls for reform persist.

At the end of the day, the drug kingpins remain elusive while the girlfriends and street dealers end up doing hard time. Maybe there’s a better way we could go after drug activity without so much collateral damage to marginalized groups. But we need a major rethinking of conspiracy laws before the net stops catching so many minnows alongside the big fish.

Sources

“Antiquated Laws Catch Women in Drug War’s Web”
“Federal Drug Conspiracy Laws”
Cornell Law School overview of conspiracy laws
“Mandatory Minimum Penalties for Drug Offenses in the Federal Criminal Justice System”
“Conspiracy Law in North Carolina”