What are the Penalties for Cocaine Trafficking Convictions?

Penalties for Cocaine Trafficking Convictions

Cocaine trafficking convictions can lead to some pretty harsh penalties, depending on the amount of cocaine involved. Let’s take a look at some of the potential penalties so you can understand the seriousness of cocaine trafficking charges.

Federal vs. State Laws

When it comes to drug laws, there are both federal and state laws that come into play. Federal law tends to be more harsh, with mandatory minimum sentences that take away judicial discretion in sentencing. States laws vary, but also can impose stiff penalties.

This article will focus mostly on federal law, but it’s important to understand how state laws may impact a case too. For example, a defendant could be charged under both federal and state law for the same conduct. Or the feds may choose not to pursue a case, leaving it to local prosecutors. The specifics of state law will determine penalties in those instances.

Federal Trafficking Penalties

Under federal law, trafficking penalties are determined primarily by the quantity of cocaine involved. The main federal statutes are 21 U.S.C. 841 and 960. The baseline quantities are:

• 500-4999 grams of cocaine powder – 5 year mandatory minimum sentence
• 5 kilograms or more of cocaine powder – 10 year mandatory minimum sentence
• 28-279 grams of crack cocaine – 5 year mandatory minimum sentence
• 280 grams or more of crack cocaine – 10 year mandatory minimum sentence

So right off the bat, we see that federal law punishes crack cocaine offenses much more severely than powder cocaine. We’re talking about a 100:1 ratio – it takes 100 times more powder cocaine to trigger the same mandatory minimums.

Now, let’s take a closer look at some other factors that can affect the sentence:

Quantity

The drug quantity isn’t the end of the inquiry when it comes to penalties. The sentencing range allowed under the statutes is tied to quantity. For example:

• 500-4999 grams of powder cocaine – 5 to 40 years
• 5 kilograms or more of powder cocaine – 10 years to life

So the judge has discretion within those ranges, based on other factors in the case. But the mandatory minimum forms the floor. Quantity can also be used to enhance a sentence above the minimums. Section 841(b)(1)(A) lays out increased penalties for larger quantities, like 10 kilos, 50 kilos, etc.

Prior Convictions

Another important factor is prior drug felony convictions. If someone has a prior conviction from a drug trafficking offense, the mandatory minimums are doubled. For example, one prior bumps the 5 year minimum up to 10 years for certain quantities. Two or more priors bump the minimum up to mandatory life in prison.

Other Enhancements

There are a number of other factors that can enhance a sentence as well, such as:

• Distribution near schools or colleges
• Employing someone under 18 in the drug operation
• Distribution to someone under 21 who then dies or is seriously injured
• Maintaining a premises for manufacturing or distributing drugs
• Possession of firearms in connection with the offense

For instance, if someone dies or is seriously injured from use of the cocaine, the mandatory minimum is raised to 20 years. The presence of guns can add years as well.

Mitigating Factors

There are some limited ways to get below the mandatory minimums. The “safety valve” provision allows sentences below the minimums for some first-time, non-violent offenders who provide substantial assistance. The prosecutor can also file a motion to go below the minimums if the defendant provides “substantial assistance” in the investigation or prosecution of others.

Fines

In addition to prison time, heavy fines can be imposed for cocaine trafficking. For instance, under 21 U.S.C. 841, fines can go as high as $10 million for large quantities of powder cocaine and $20 million for large quantities of crack.

State Laws

State laws vary widely when it comes to penalties for cocaine trafficking. Some states also have mandatory minimums and sentence enhancements for quantity and other factors. Here are some examples of state laws:

• Florida – Trafficking 400 grams or more of cocaine is a first degree felony with a mandatory minimum 3 year sentence and $50,000 fine.
• California – Transporting, importing, selling, furnishing, etc. cocaine can bring 2-5 years in state prison.
• Texas – Possession of 400 grams or more of cocaine can result in a prison term between 5-99 years or life.

These examples show state laws can also impose stiff penalties, but there is more variability between states compared to federal law.

Defenses

When facing cocaine trafficking charges, there are some potential defenses to explore. The main ones include:

• Lack of intent – Prosecutors must prove the defendant knowingly or intentionally took part in distributing cocaine. Evidence casting doubt on intent could weaken the case.
• Entrapment – If police improperly induced or coerced the defendant into committing the crime, an entrapment defense may be viable.
• Duress – Defendants coerced or threatened into trafficking cocaine may argue they acted under duress.
• Misidentification – Mistaken identity is a common defense in drug cases when police arrest the wrong person.
• Illegal search – If the search or seizure that produced the cocaine evidence was illegal, the evidence may be suppressed.

The viability of any defense will depend on the specific facts and jurisdiction. Consulting an experienced local cocaine trafficking defense attorney is highly recommended.

Takeaways

The penalties for cocaine trafficking can be severe, especially under federal law where mandatory minimums limit judicial discretion. The stakes are high, so anyone facing trafficking charges needs to seek legal counsel right away. An attorney may be able to negotiate a plea deal to lesser charges or pursue trial strategies aimed at achieving an acquittal or avoiding the most serious penalties. Don’t wait to act if you or a loved one is charged with cocaine trafficking.

[1] https://www.iwu.edu/counseling/Federal_Drug_Laws.htm

[2] https://www.dea.gov/sites/default/files/2021-12/Trafficking%20Penalties.pdf

[3] https://www.hornsby.com/federal/crimes/cocaine-trafficking.html

[4] https://www.legalmatch.com/law-library/article/drug-trafficking-penalties.html

[5] https://www.findlaw.com/criminal/criminal-charges/drug-possession-penalties-and-sentencing.html