Federal Drug Trafficking Penalties: The Basics

This article was first published in 2020. The law may have changed since then. We have updated the penalties below to match the current statute.

If you or someone you love has been charged with federal drug trafficking, here is the short answer. Federal drug trafficking means selling, delivering, making, or planning to sell illegal drugs. The penalty depends mostly on the type of drug and how much of it there was, and large amounts carry a mandatory minimum of 5 or 10 years. With that much at stake, it is important to have a criminal defense lawyer who handles federal drug cases.

When this article was first written, news reports said the FBI and Tennessee police had arrested 10 people in Memphis on federal drug trafficking charges. They were charged with conspiracy to distribute drugs and possession with intent to distribute. Police said they had methamphetamine, cocaine, and more than 100 kilograms of marijuana. Because they were charged with conspiracy, they faced the same penalties as the drug crimes themselves. Depending on the drug amounts proved, that can mean a mandatory minimum of 5 or 10 years and up to life in prison.

Public debate has been moving toward treatment instead of prison. Even so, federal and state law enforcement still punish drug crimes harshly. According to the U.S. Sentencing Commission, almost 20,000 of the 67,742 federal cases it reported for fiscal year 2016 involved drug trafficking. Five drugs — methamphetamine, cocaine (powder and crack), marijuana, heroin, and oxycodone — made up nearly all drug trafficking cases.

What is federal drug trafficking?

“Trafficking” and “distribution” mean the same thing here. Both cover selling, moving, and bringing drugs into the country. The federal law is 21 U.S.C. § 841. It says it is unlawful for any person to knowingly or intentionally:

• Manufacture, distribute, or dispense a controlled substance, or possess one with intent to manufacture, distribute, or dispense it; or
• Create, distribute, or dispense a counterfeit substance, or possess one with intent to distribute or dispense it.

What does the government have to prove?

To convict you of federal drug trafficking, the prosecutor must prove beyond a reasonable doubt that you:

• Knowingly or intentionally
• Made, sold, delivered, or possessed with intent to sell
• A controlled substance (an illegal drug) or counterfeit substance

A controlled substance is a drug listed under federal law. That includes street drugs and many prescription drugs.

Possession and trafficking can look alike in a charge. Trafficking charges usually come when a person has items that suggest selling at the time of arrest. Prosecutors often point to things like baggies, scales, large amounts of cash, or a large amount of drugs to argue that you meant to sell.

What are the penalties for federal drug trafficking?

Drug trafficking is a crime under both state and federal law. The federal penalty depends on the drug and how much was involved. The current penalty levels under 21 U.S.C. § 841(b)(1) are:

• 10 years to life: for example, 1 kilogram or more of heroin, 5 kilograms or more of cocaine, 280 grams or more of crack, 400 grams or more of a fentanyl mixture, 500 grams or more of a methamphetamine mixture, or 1,000 kilograms or more of marijuana. Fine up to $10 million.
• 5 to 40 years: for example, 100 grams of heroin, 500 grams of cocaine, 28 grams of crack, 40 grams of a fentanyl mixture, 50 grams of a methamphetamine mixture, or 100 kilograms of marijuana. Fine up to $5 million.
• Up to 20 years: smaller amounts of most hard drugs, such as heroin below 100 grams. Fine up to $1 million.
• Up to 5 years: less than 50 kilograms of marijuana (with some exceptions). Fine up to $250,000.

So a marijuana case and a heroin case of similar size can carry very different sentences. The sentence also goes up if someone died or was seriously hurt from the drugs, or if you have certain prior convictions. Sentencing enhancements can add more. For example, selling near a school or playground can double the maximum (21 U.S.C. § 860).

The U.S. Sentencing Commission reported that in fiscal year 2016, the average sentence for federal drug trafficking was about five years. It also reported that almost half of the people convicted of federal drug trafficking that year had little or no prior criminal history.

What other consequences can a trafficking conviction bring?

A drug trafficking conviction has other consequences. The law lets the government take money and property tied to the crime (21 U.S.C. § 853). That can include cars, homes and land, and bank accounts. A conviction can also lead to deportation for someone who is not a U.S. citizen.

More on mandatory minimums and the safety valve

Where can you read the law and the data?

Read 21 U.S.C. § 841

U.S. Sentencing Commission Quick Facts: Drug Trafficking Offenses (FY2016)

What should you do next?

Book a consultation to talk it through with Brandon Sample.

Book a consultation