What is a Federal Drug Conspiracy Charge?

A federal drug conspiracy charge alleges that two or more people agreed to violate federal drug laws. This includes possessing, distributing, or conspiring to possess or distribute illegal drugs. Conspiracy charges do not require an overt act—simply the agreement itself is the crime.

So if the government has evidence of you planning with others to buy, sell, or traffic drugs across state lines, you could face conspiracy charges even if no drugs exchanged hands.

Federal vs State Conspiracy Charges

Federal conspiracy charges are more serious than state charges. They carry lengthier sentences and fewer opportunities for parole or probation.

The federal sentencing guidelines also limit judicial discretion in sentencing. So even if the judge wants to show leniency, their hands are often tied by mandatory minimums.

Types of Federal Drug Conspiracy Charges

There are a few main federal drug conspiracy charges you could face:

• 21 U.S.C. 846 – Conspiracy to distribute or possess with intent to distribute a controlled substance
• 21 U.S.C. 963 – Conspiracy to import or export a controlled substance
• 21 U.S.C. 848 – Continuing Criminal Enterprise (CCE)

Section 846 charges are most common. This covers conspiring to traffic drugs like cocaine, heroin, methamphetamine, and marijuana.

Section 963 deals with conspiring to bring drugs in or out of the country. And CCE charges aim at kingpin-level traffickers who organize large distribution networks.

Penalties for Federal Drug Conspiracy

Penalties depend on the drug type and quantity involved in the conspiracy:

• Marijuana – Up to 5 years in prison. Up to 40 years if over 1,000 kg.
• Cocaine – 10 years to life in prison depending on amount.
• Heroin – 10 years to life imprisonment depending on the amount.
• Methamphetamine – 10 years to life depending on the amount.

Penalties also increase if firearms, violence, or minors were involved. You may also face massive fines up to $10 million.

Those with prior felonies face sentencing enhancements leading to longer sentences. Even peripheral involvement can mean serious prison time if convicted.

Defenses Against Federal Drug Conspiracy Charges

Despite the high stakes, experienced defense attorneys can often get charges reduced or dismissed pre-trial. Common defenses include:

You Were Not Part of the Conspiracy

Lack of evidence you actually agreed and knew about the conspiracy activities. Just being present does not make you part of a conspiracy.

Entrapment

Law enforcement induced you to commit a crime you otherwise wouldn’t have. This can invalidate conspiracy charges.

You Withdrew From the Conspiracy

If you took affirmative steps to withdraw from the conspiracy, you may have a valid defense. But the burden is high to prove withdrawal before arrest.

Your defense attorney may also challenge improper searches, lack of probable cause, issues with warrants, and prosecutorial misconduct.

What to Do If Facing Federal Conspiracy Charges

Here are some tips if you or a loved one gets charged:

• Remain silent and invoke your right to an attorney immediately. Anything you say can be used against you.
• Hire a skilled federal criminal defense lawyer as soon as possible. These cases are too complex for general practitioners.
• Follow your lawyer’s advice about making statements, testifying, and negotiating plea deals. Their guidance can save you decades behind bars.
• Be proactive gathering exonerating evidence, alibis, character references, and other materials to aid your defense.

A conviction can ruin your life. So fight back hard if accused of federal drug conspiracy charges in Philadelphia or elsewhere. An experienced attorney gives you the best chance at a not guilty verdict or reduced charges. Don’t take chances with your freedom.