There are many types of crimes involving drugs and controlled substances. One of the most serious, however, is drug trafficking.
Drug trafficking charges cover more than possession of the drug itself. The charges could include behavior such as:
If you are involved in the illegal sale, transport, or importing of an illegal drug or controlled substance, or if you intend to sell or deliver the drug, you could face trafficking charges.
Additionally, while many people may immediately think of illegal drugs when they hear the term “drug trafficking,” the charge is not limited to the sale and distribution of illegal drugs. It can also apply to “controlled substances.” This refers to the illegal sale and distribution of prescription drugs, such as painkillers, opioids, and hydrocodone products.
Trafficking is generally considered one of the most serious drug offenses, much more so than simple drug possession. It usually results in felony charges instead of misdemeanors. If you live in a jurisdiction where felonies are categorized by degree, trafficking charges can result in first-degree felony charges.
Whether or not a crime is simple possession or drug trafficking depends on the amount of the drug involved and the type of drug involved. While one or two grams of a substance such as cocaine could result in a simple possession charge, 50 grams could have you facing a trafficking charge. Also, the punishment for carrying 10 kg of marijuana compared to 10 kg of heroin can result in very different levels of punishment.
You can be charged with drug trafficking if the police believe you were intending to sell the drugs. Besides the existence of the drugs themselves, evidence tending to indicate that someone intends to sell drugs includes a scale, plastic baggies, firearms, or a large amount of cash.
Put simply: both. All states have laws criminalizing drug trafficking. Often, harsher penalties are available to prosecutors if they charge the case under federal anti-trafficking laws rather than state laws, so they do so if they can.
Drug trafficking can be prosecuted as a federal crime if:
As mentioned, federal drug charges tend to carry harsher penalties and longer sentences than state laws, but this will always vary from state to state.
Some drug trafficking charges will result in more serious penalties than others. Severity depends on the amount and type of drug involved – drugs deemed more dangerous to society at large tend to carry longer sentences.
The specific punishments for drug trafficking depend on your jurisdiction and whether the crime is being charged through the state or the federal system (or perhaps both).
Sentences can be increased if there are certain aggravating factors (sometimes called “enhancements”) are involved in the case. For example, selling drugs in a school zone or to a minor child are enhancements that can take a trafficking sentence and make it even harsher.
Trafficking usually has harsher penalties than simple possession. Some drug trafficking charges will result in more serious penalties than others. Severity depends on the type of drug involved—drugs that have been deemed more dangerous to society at large usually carry bigger sentences.
Of course, the punishments for drug trafficking can largely depend on your jurisdiction and whether you are facing state or federal penalties (or perhaps both).
Sentences can be even higher if there are certain aggravating factors, sometimes called “enhancements,” are involved in the case. For example, selling drugs in a school zone or to a minor child are enhancements that can take a trafficking sentence and make it even harsher. Other enhancements are the possession of a firearm and having a leadership or supervisory role in the distribution system.
Besides prison time and fines due to a drug trafficking conviction. These include:
Drug trafficking is a very serious offense. If you are facing drug trafficking charges, it is best to consult an experienced drug lawyer as soon as possible.
A lawyer can help you protect your rights and explain the penalties you may be facing. They can also help you figure out the best defense and may be able to help reduce the charges or have them dropped altogether. They will negotiate on your behalf and,, if unsuccessful, will represent you throughout trial and appeal.