Drug Trafficking, Distribution and Sales Charges
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- 1 Drug Trafficking, Distribution and Sales Charges
Drug Trafficking, Distribution and Sales Charges
Getting charged with drug trafficking, distribution, or sales can be really scary. The laws and penalties surrounding these charges can be super confusing–even lawyers have trouble understanding it all! This article will break down the basics in simple terms to help anyone facing these kinds of charges.
What is Drug Trafficking?
Drug trafficking basically means illegally distributing or selling large quantities of drugs. This includes importing, exporting, manufacturing, and delivering drugs too. Trafficking charges are more serious than possession or distribution charges. The penalties are harsher.
According to the DEA[3], you can face between 4 years to life in prison and fines up to $20 million for drug trafficking. Yikes!
What is Drug Distribution?
Drug distribution is similar to drug trafficking, but on a smaller scale. It involves illegally selling, transporting, importing, or exporting drugs. But with smaller amounts than trafficking. Distribution charges have less severe punishments than trafficking.
Distribution charges often happen when someone tries to sell drugs to an undercover cop[4]. The act of selling or delivering the drugs is distribution.
What is Drug Dealing?
Drug dealing is basically another term for distributing or selling drugs illegally. Prosecutors will sometimes use “drug dealing” and “drug distribution” interchangeably when bringing charges against someone.
Factors that Determine Charges
There are a few key factors that determine whether someone gets charged with trafficking, distribution, dealing, or simple possession:
- Type of drug
- Drug quantity
- Circumstances of the arrest
- Criminal history
In general, larger quantities of drugs lead to more serious charges like trafficking. Smaller amounts are more likely to be possession or distribution charges.
If drugs are transported across state lines, trafficking charges are also more likely. Location matters too. If arrested near a school or other sensitive area, penalties may be harsher.
Penalties for Trafficking vs Distribution
Like we mentioned earlier, trafficking penalties are more severe than distribution:
- Trafficking can lead to 4 years to life in prison
- Fines up to $20 million for trafficking
- Distribution has lower sentences, more like 1-5 years in prison
- Fines up to $1 million for distribution
But there is a lot of overlap between trafficking and distribution charges. The exact penalties depend on all the factors we listed above. The type and amount of drug really matters.
Penalties for Specific Drugs
Speaking of types of drugs, penalties can vary a lot depending on the substance. Let’s look at a few common ones:
Marijuana Trafficking vs Distribution
Under federal law, trafficking marijuana can lead to 5-40 years in prison and fines up to $5 million[3]. Marijuana distribution would likely mean around 1-5 years behind bars.
Cocaine Trafficking vs Distribution
Cocaine trafficking charges can result in 10 years to life in prison and fines up to $20 million[3]. Distribution brings 1-5 years in prison and fines around $1 million.
Heroin Trafficking vs Distribution
Heroin trafficking can mean 20 years minimum with the possibility of life in prison. Fines go up to $20 million too[3]. Distribution charges lead to 1-5 years with fines around $1 million.
Methamphetamine Trafficking vs Distribution
For meth, trafficking charges carry 10 years to life in prison and $20 million fines[3]. Distribution means 1-5 years with up to $1 million in fines.
Defenses Against Drug Charges
Fighting drug trafficking, distribution, and dealing charges takes an experienced lawyer. Some possible defenses include:
- Illegal search – Evidence was obtained illegally without a warrant.
- Entrapment – Law enforcement pressured you into committing the crime.
- Misidentification – You were mistakenly identified.
- Lack of evidence – Prosecutors lack solid evidence against you.
An attorney may also argue for getting the charges reduced to a lesser offense like simple possession. This carries much lower penalties. Treatment programs are also a possibility for first-time offenders.
Getting Legal Help
Don’t go through drug trafficking, dealing, or distribution charges alone. These are very serious crimes with steep penalties. Having an experienced criminal defense lawyer is critical.
A knowledgeable attorney will thoroughly examine the details of your case. They can identify defenses and work to get charges reduced or dismissed. This gives you the best chance at avoiding harsh mandatory minimum sentences.
Every case is different. But with the right legal help, many people charged with drug crimes can avoid long prison sentences. Don’t wait to get a lawyer on your side.