Is Drug Trafficking a Felony?

Thanks for visiting Spodek Law Group. We’re a second-generation law firm managed by Todd Spodek, with over 40 years of combined experience defending federal and state drug trafficking cases nationwide. If you’re asking whether drug trafficking is a felony, the answer is yes – it’s always a felony at both the federal and state level. Drug trafficking is one of the most serious criminal charges you can face, carrying potential sentences ranging from years to life in federal prison.

We’re writing this because people often confuse drug possession charges with drug trafficking charges. Simple possession might be a misdemeanor in some states for small quantities. Drug trafficking is never a misdemeanor. It’s always a felony, and the penalties are severe – mandatory minimum sentences, federal guidelines recommending decades in prison, and collateral consequences that follow you for life.

Drug Trafficking Is a Federal Felony

Under federal law, drug trafficking falls under 21 U.S.C. § 841, which makes it a felony to knowingly or intentionally manufacture, distribute, or dispense a controlled substance, or possess with intent to manufacture, distribute, or dispense a controlled substance.

The DEA’s federal trafficking penalty chart shows the structure clearly. Penalties depend on the drug type, quantity, and whether you have prior drug felony convictions.

For Schedule I and II drugs – cocaine, heroin, methamphetamine, fentanyl, LSD – the penalties are:

First offense trafficking 500 grams to 4.999 kilograms of cocaine – mandatory minimum 5 years, maximum 40 years in federal prison. Fines up to $5 million for individuals.

First offense trafficking 5 kilograms or more of cocaine – mandatory minimum 10 years, maximum life in prison. Fines up to $10 million for individuals.

These are mandatory minimums. Federal judges cannot sentence below these thresholds unless you qualify for safety valve relief or the government files a substantial assistance motion. Even first-time offenders with no criminal history face these mandatory sentences.

Second Drug Felony Conviction Doubles the Minimums

If you have a prior felony drug conviction, the mandatory minimums double. Second offense trafficking 500 grams to 4.999 kilograms of cocaine carries a mandatory minimum of 10 years instead of 5. Second offense trafficking 5 kilograms or more carries a mandatory minimum of 20 years instead of 10.

After two or more prior felony drug convictions, the penalty is a mandatory life sentence without release and fines up to $20 million for individuals. This is federal law – judges have no discretion to impose less than life imprisonment.

Enhanced penalties also apply if death or serious bodily injury results from use of the drug. In those cases, the mandatory minimum is 20 years, and the maximum is life imprisonment – even for a first offense.

All 50 States Classify Drug Trafficking as a Felony

State laws vary in how they define and penalize drug trafficking, but every state classifies it as a felony. State trafficking charges typically require proof of intent to distribute, sale of controlled substances, or possession of quantities exceeding personal use thresholds.

State penalties range from 3 years to life in prison depending on the jurisdiction, drug type, and quantity. Some states have mandatory minimums similar to federal law. Others give judges more discretion within statutory ranges.

State felony classifications vary – some states use Class A/B/C/D systems, others use numbered degrees. Drug trafficking is usually classified in the highest or second-highest felony category, carrying the most severe penalties below murder and other violent crimes.

Take New York as an example. Drug trafficking falls under Criminal Sale of a Controlled Substance statutes. Sale of cocaine in quantities triggering A-I felony charges (the highest degree) carries a minimum sentence of 15-25 years to life. Even lower-level trafficking offenses are B or C felonies carrying years in state prison.

Federal vs. State Prosecution

Drug trafficking can be prosecuted federally or at the state level. Federal prosecution typically happens when the offense involves interstate trafficking, large quantities, federal property, or cooperation between federal and local law enforcement agencies.

Federal sentences tend to be longer than state sentences for comparable conduct. Federal defendants serve at least 85% of their sentence with no parole. State defendants might be eligible for parole after serving a portion of their sentence depending on state law.

Federal charges also mean prosecution by U.S. Attorney’s Offices with significant resources – experienced prosecutors, DEA or FBI investigators, forensic experts. The federal conviction rate exceeds 90%, largely because the government doesn’t charge cases unless they have overwhelming evidence.

State prosecution might offer more opportunities for diversion programs, drug courts, or plea deals to lesser charges. But make no mistake – state drug trafficking charges are still felonies carrying years in prison.

What Makes Possession Become Trafficking

The line between felony possession and felony trafficking depends on quantity, packaging, paraphernalia, and circumstances suggesting intent to distribute.

Possession of small quantities for personal use might be charged as simple possession – still a felony for Schedule I and II drugs in most states, but without the enhanced penalties of trafficking charges. Possession of larger quantities creates a presumption of intent to distribute.

Some states set specific quantity thresholds. Possession of more than 28 grams of cocaine might trigger trafficking charges regardless of other evidence. Possession of less might be simple possession unless prosecutors can prove intent to distribute through other evidence.

Evidence of intent to distribute includes – drugs packaged in individual portions, scales and baggies, large amounts of cash, customer lists or ledgers, text messages or recorded calls about drug sales, testimony from confidential informants or cooperating witnesses who bought drugs from you.

We’ve defended cases where clients possessed trafficking quantities but had no intent to distribute. They were addicts who bought in bulk to save money, or they were holding drugs for someone else without knowledge of trafficking operations. These defenses can result in reduced charges from trafficking to possession – still a felony, but with dramatically lower sentencing exposure.

Conspiracy Is Also a Felony

Drug trafficking conspiracy under 21 U.S.C. § 846 is a separate felony carrying the same penalties as the underlying trafficking offense. Conspiracy doesn’t require you to actually possess or sell drugs – just an agreement to do so and one overt act in furtherance of the conspiracy.

Federal prosecutors charge conspiracy in most multi-defendant drug cases. Conspiracy liability is broad – you’re responsible for all reasonably foreseeable acts of co-conspirators in furtherance of the conspiracy. If you agreed to help distribute 1 kilogram of cocaine but your co-conspirators actually distributed 10 kilograms during the conspiracy, you can be held accountable for the entire 10 kilograms at sentencing.

Conspiracy charges carry the same mandatory minimums and maximum sentences as substantive trafficking charges. If the conspiracy involved 5 kilograms of cocaine, the mandatory minimum is 10 years – same as if you personally possessed 5 kilograms with intent to distribute.

Federal Sentencing Guidelines for Drug Trafficking Felonies

Beyond mandatory minimums, federal sentencing guidelines calculate recommended prison terms based on drug type, quantity, and your criminal history. The U.S. Sentencing Commission reports that the average sentence for drug trafficking was 82 months in fiscal year 2024 – about 7 years.

But averages are misleading. Sentences vary dramatically based on drug quantity. The guidelines assign base offense levels based on drug weight equivalencies. More drugs mean higher offense levels, which translate to longer recommended sentences.

For cocaine, 500 grams to 2 kilograms results in a base offense level of 26. For a first-time offender (Criminal History Category I), that recommends 63-78 months in prison. Increase the quantity to 5-15 kilograms, and the base offense level jumps to 30, recommending 97-121 months.

Role adjustments can increase or decrease your offense level. If you were an organizer or leader of a trafficking organization, add 2-4 levels. If you were a minimal or minor participant, subtract 2-4 levels. Acceptance of responsibility for pleading guilty can reduce your level by 2-3 points.

About 45% of federal drug trafficking defendants had little or no criminal history (Category I). About 55% were convicted of offenses carrying mandatory minimums, but nearly half of those received relief from the mandatory minimum through safety valve or substantial assistance.

Safety Valve Relief for First-Time Offenders

The federal safety valve under 18 U.S.C. § 3553(f) allows judges to sentence below mandatory minimums for qualifying defendants. You must meet five criteria – no more than 4 criminal history points, no violence or weapons, not a leader or organizer, the offense didn’t result in death or serious injury, and you must provide complete truthful information to the government.

About one quarter of federal drug trafficking defendants receive safety valve relief annually. Since 1995, nearly 80,000 defendants have received shorter sentences through the safety valve.

But safety valve doesn’t eliminate prison time – it just allows sentencing below the mandatory minimum. If the guidelines recommend 63-78 months and the mandatory minimum is 60 months, safety valve lets the judge sentence you to 63 months instead of being bound by the 60-month floor. You’re still going to federal prison.

Collateral Consequences of a Drug Trafficking Felony Conviction

Beyond prison time, a felony drug trafficking conviction carries lifelong collateral consequences. You lose the right to vote in many states (though some states restore voting rights after release). You lose the right to possess firearms under federal law – permanently.

Employment becomes difficult. Most employers conduct background checks. A federal felony drug trafficking conviction will appear on every background check for the rest of your life. Many professional licenses are unavailable to convicted felons – law, medicine, nursing, real estate, financial services.

Housing options shrink. Public housing authorities can deny admission to convicted drug traffickers. Private landlords often refuse to rent to felons. Student financial aid becomes unavailable – federal student loans and grants are denied to individuals convicted of drug trafficking offenses.

Immigration consequences are severe for non-citizens. Drug trafficking convictions are aggravated felonies under immigration law, making deportation nearly automatic. Even lawful permanent residents with decades of residence in the United States face mandatory deportation after drug trafficking convictions. There are no waivers, no discretionary relief.

Why Felony Drug Trafficking Charges Require Immediate Legal Representation

If you’re facing drug trafficking charges – federal or state – you’re facing a felony conviction that will affect the rest of your life. This isn’t simple possession. This isn’t a misdemeanor. You’re looking at mandatory prison time, federal guidelines recommending years or decades, and permanent collateral consequences.

At Spodek Law Group, we’ve defended drug trafficking felonies in federal and state courts nationwide. We understand mandatory minimums, safety valve eligibility, federal sentencing guidelines, cooperation agreements, and every defense available to trafficking defendants.

We’ve represented clients in high-profile federal cases that made national news – Anna Delvey’s fraud trial that became a Netflix series, the Ghislaine Maxwell juror misconduct case, complex federal conspiracies involving millions of dollars. We’re not intimidated by federal prosecutors or overwhelming evidence.

Our approach is aggressive. We file suppression motions challenging illegal searches. We attack the government’s proof of knowledge and intent. We challenge drug quantity calculations. We negotiate for charge reductions from trafficking to possession. We secure safety valve relief and cooperation agreements that reduce sentences.

We’re loyal only to you – not to maintaining friendly relationships with prosecutors. We’ll fight when that’s the best strategy. We’ll negotiate when that serves your interests. Either way, the goal is minimizing your exposure to these serious felony charges.

If you’re facing drug trafficking charges and want to understand your options, contact Spodek Law Group immediately. We’re available 24/7. The sooner we get involved, the better your chances of avoiding the worst consequences of a felony drug trafficking conviction.