NATIONALLY RECOGNIZED FEDERAL LAWYERS
What are the penalties for selling drugs to minors?
|Thanks for visiting Spodek Law Group – a second-generation law firm managed by Todd Spodek, with over 40 years of combined experience. We’ve represented thousands of clients since 1976, handling cases that made national headlines. You might’ve heard about Anna Delvey – Todd represented her, and Netflix made a whole series about it. We also represented the juror in the Ghislaine Maxwell misconduct case. These aren’t easy cases. They never are when you’re facing the federal government.
If you’re reading this, someone you know got arrested for selling drugs to a minor, or maybe you did. This is about as serious as drug charges get – prosecutors treat these cases like you personally attacked their own kids. The penalties are brutal, they’re designed to put you away for years, sometimes decades. Federal law doubles the normal sentence when minors are involved. You need to understand what you’re facing.
Federal Law Doubles Everything – That’s 21 U.S.C. § 859
The federal statute governing distribution to minors is 21 U.S.C. § 859, and it’s designed to crush you. First offense? You’re looking at twice the maximum punishment you’d normally face under 21 U.S.C. § 841(b) for the same drug. Twice the prison time, twice the supervised release term. There’s also a one-year mandatory minimum – unless the underlying drug charge already carries a higher minimum, which it usually does.
Let’s say you sold cocaine to someone who turned out to be 20 years old. Normally that might carry a 5-year maximum. Under § 859, you’re facing 10 years. Sold fentanyl to a teenager? Normal maximum might be 20 years – now you’re looking at 40. The math is simple and it’s devastating.
Second offense is worse. Three times the maximum punishment. Three times the supervised release. The sentencing guidelines basically guarantee you’ll die in prison if the quantities are substantial.
Some people think “under 21” means the statute only applies to teenagers. Wrong. Federal prosecutors can use this enhancement for anyone under 21 – that includes 18, 19, and 20-year-olds. You sold to a 20-year-old college kid at a party? That’s distribution to a minor under federal law. Doesn’t matter that they can vote. Federal law says under 21, period.
School Zones Make It Exponentially Worse
Federal law has another trap – 21 U.S.C. § 860 adds penalties if you distributed drugs within 1,000 feet of a school, playground, public pool, youth center, college, or public housing. In cities like New York, it’s almost impossible to stand anywhere that isn’t within 1,000 feet of one of these places. The prosecution doesn’t have to prove you knew about the school – just that the sale happened within the zone.
Combine § 859 and § 860, and you’re looking at stacked enhancements. Sold drugs to a 19-year-old near a school? Double penalties for the minor, additional mandatory minimums for the school zone. We’ve seen defendants face 15 years on what should’ve been a 3-year case.
Prosecutors map out the distance from the arrest point to every school, playground, and housing project within a half-mile radius. They’ll use Google Earth in court. Judges view drug sales near schools as targeting children – many of them are parents themselves.
State Penalties Vary – But They’re All Harsh
State laws add another layer. In California, selling marijuana to a minor between 14-17 years old carries three to five years in state prison. If the minor was under 14, that jumps to three to seven years. Controlled substances like cocaine or meth carry three to nine years.
New York treats sales to minors as a Class B felony – up to 25 years in prison, with sentencing starting at 5 years. Prosecutors push for the maximum because the optics are terrible.
Texas law is just as brutal. Selling marijuana to a child under 18 is a second-degree felony – mandatory minimum of 2 years, maximum of 20 years, plus a fine up to $10,000.
Proposition 36 in California – passed in 2024, taking effect in 2025 – increased penalties for fentanyl trafficking even further. Large-scale operations now face stricter sentences, particularly if firearms are involved or if the operation targeted minors. This reflects a broader 2025 trend – crack down harder on fentanyl distribution.
How These Cases Actually Unfold
Federal agents run sting operations – confidential informants who look young, undercover officers pretending to be teenagers, social media monitoring. Once they have you on tape or text messages, the case is nearly impossible to beat at trial.
Prosecutors frame these cases as attacks on children. You’re a predator who exploited them. It doesn’t matter if the minor approached you first or lied about their age – juries respond to that narrative.
Mistake of age is not a defense under § 859 in most circuits. We’ve handled cases where the buyer looked 25, had a fake ID. Federal law doesn’t care. Some states allow a reasonable mistake defense, but you need strong evidence.
Sentencing involves multiple enhancements stacking. Base offense level for the drug quantity, plus enhancements for the minor, plus school zone enhancement, plus prior criminal history. What might have been a 5-year case becomes a 15-year case.
Defenses That Sometimes Work
Challenge the age determination. If the government can’t prove the buyer was actually under 21 – or under 18 in state cases – the enhancement doesn’t apply. We’ve successfully argued cases where prosecution relied on an informant’s statement about their age without producing a birth certificate or ID. Make them prove it.
Challenge the school zone measurement. The 1,000-foot rule requires precise measurement – not eyeballing it on a map. We’ve gotten § 860 enhancements thrown out because prosecutors measured from the wrong point. The difference between 980 feet and 1,020 feet could mean years off your sentence.
Negotiate before indictment. Prosecutors sometimes agree to charge you with simple distribution instead of distribution to a minor if you cooperate early or if the evidence is weak. Once you’re indicted under § 859, it’s harder to get that charge dropped – but pre-indictment, everything’s negotiable.
Fight the search and seizure. If police violated your Fourth Amendment rights – illegal stop, illegal search, no warrant – the drugs get suppressed and the case falls apart. We’ve won cases where police claimed they “smelled marijuana” as a pretext to search near a school. Judge suppressed everything.
Why You Need a Lawyer Who’s Done This Before
At Spodek Law Group, we’ve defended clients facing decades in federal prison for drug distribution charges – including charges involving minors and school zones. Many of the cases we’re famous for handling are cases that others say were unwinnable. Todd Spodek defended Anna Delvey when everyone said she was going to prison for 15 years – we fought, and the outcome was far better than expected.
Prosecutors have resources you can’t imagine – DEA agents, FBI agents, forensic labs, cooperating witnesses. You need someone who knows how to challenge their evidence, cross-examine their witnesses, and exploit every weakness in their case.
We’ve gotten charges reduced through aggressive litigation and smart negotiation. Motions to suppress evidence, motions to dismiss charges, motions to sever counts. We’ve taken cases to trial when the government’s offer was insulting.
If you’re facing charges for selling drugs to a minor, don’t wait. Don’t talk to police without a lawyer – anything you say will be used to enhance your sentence later. Call us – we’re available 24/7. If we’re talking to you, it’s because we think we can make a difference.