What You Need to Know About Federal Drug Laws
Drug laws on the federal level can seem complicated, especially when sentences can change depending on the amount of contraband or the defendant’s previous convictions. Here’s what you need to know about federal drug laws.
Federal drug laws can be divided into a few general categories: possession laws, distribution/manufacturing laws, criminal enterprise laws, communication facility laws, and drug-involved premises laws. Each of these categories has different punishments attached, but they all state that if the defendant has a prior conviction related to drugs or sometimes violence, their sentence will increase.
Federal Simple Possession Law
21 U.S. Code § 844 discusses the crime and punishment of simple drug possession. Under the code, it is illegal for anyone to intentionally possess a controlled substance, with the exception of the substance being prescribed. Those who violate this code are subject to no more than 1 year in prison and a minimum fine of $1,000. There are two exceptions to this sentencing:
- The defendant already has one drug or narcotic offense
- The defendant has two or more prior drug or narcotic convictions
For the first exception, the new imprisonment sentence would be between 15 days and 2 years and the fine would be bumped up to a minimum of $2,500. For the second exception, the new imprisonment would be between 90 days and 3 years and the minimum fine would be $5,000.
Related: How to Beat a Drug Possession Charge
Distribution, Manufacturing, or Possession with Intent to Distribute Law
Under 21 U.S. Code §841, it is unlawful for anyone to intentionally:
Manufacture, dispense, distribute, or possess with the intent to manufacture, dispense, or distribute, a controlled substance
Create, distribute, dispense, or possess with the intent to distribute or dispense a counterfeit substance
Smaller Violations of Code §841
Violations of this code that involve:
- 100 or more grams of a mixture or substance containing heroin
- 500 or more grams of a mixture or substance containing cocaine or ecgonine, or coca leaves from which cocaine or ecgonine have been removed
- 10 or more grams of PCP or 100 or more grams of a mixture or substance containing PCP
- 1 or more grams of a mixture or substance containing LSD
- 100 or more kilograms of a mixture or substance containing marijuana
- 5 or more grams of methamphetamine
- And other substances
Will be sentenced to imprisonment between 5 and 40 years and face a maximum fine of $5,000,000 if the defendant is an individual or $35,000,000 if the defendant is other than an individual.
If the defendant already has a prior drug or violent conviction, the new imprisonment is between 10 years and life and the maximum fine is $8,000,000 if the defendant is an individual or $50,000,000 if the defendant is not an individual.
Larger Violations of Code §841
Violations of this code that involve:
- 1 or more kilograms of a mixture or substance containing heroin
- 5 or more kilograms of a mixture or substance containing cocaine or ecgonine, or coca leaves from which cocaine or ecgonine have been removed
- 100 or more grams of PCP or 1 or more kilograms of a mixture or substance containing PCP
- 10 or more grams of a mixture or substance containing LSD
- 1000 or more kilograms of a mixture or substance containing marijuana
- 50 or more grams of methamphetamine
- And other substances
Will be sentenced to imprisonment between 10 years and life and face a maximum fine of $10,000,000 if the defendant is an individual or $50,000,000 if the defendant is other than an individual.
If the defendant already has a prior drug or violent conviction, the new imprisonment is between 15 years and life and the maximum fine is $20,000,000 if the defendant is an individual or $75,000,000 if the defendant is not an individual.
Violations of Code §841 that Involve Date Rape Drugs
Those who use the internet to distribute a date rape drug that possesses reasonable cause to believe the following will be fined or imprisoned for a maximum of 20 years:
- The drug would be used to commit illegal sexual conduct
- The purchaser is not an authorized purchaser
Using the Internet to Distribute Drugs
It is illegal for anyone to knowingly deliver, dispense, or distribute a controlled substance by using the internet under code §841.
Criminal Enterprise Law
According to 21 U.S. Code §848, an individual partakes in a continuing criminal enterprise if:
- They continuously violate drug laws
- They violate the laws in concert with 5 or more other people
- The individual holds a management position within this group
- The individual obtains substantial income or other resources from this group
Anyone who is found to be partaking in a continuing criminal enterprise will be sentenced to between 20 years and life in prison and a maximum fine of $2,000,000 if the defendant is an individual or $5,000,000 if the defendant is not an individual.
Punishments for Heads of Criminal Enterprises
Those who are found to be one of the principal administrators of an enterprise and the enterprise received $10,000,000 in profit during any year of its existence will be sentenced to life in prison as well as a fine.
Communication Facility Laws
21 U.S. Code § 843 discusses the usage of communication facilities to distribute controlled substances. Under this code, it is illegal to intentionally use any communication facility in committing any actions that constitute a felony, which includes the dispensing of drugs.
Communications include all public and private instruments used in the transmission of:
- Wiring
- Signs
- Signals
- Pictures
- Telephone
- Wire
- Radio
The code also states that it is illegal for anyone to place written advertisements in any publications knowing that it holds the purpose of seeking or offering to receive, buy, or distribute controlled substances illegally.
Those found violating this code will be sentenced to a maximum of 4 years or a fine. If the defendant has 1 or more prior convictions relating to narcotics, their new maximum sentence will be 8 years imprisonment and a fine.
Drug-Involved Premises
According to 21 U.S. Code § 856, anyone who either
Knowingly leases, rents, uses, or maintains any place for the purpose of manufacturing or distributing controlled substances
Manages or controls any place as an owner, lessee, agent, occupant, or mortgagee, and knowingly rents, leases, or otherwise profits from the place for the purpose of illegally manufacturing or distributing controlled substances
Will be sentenced to a maximum imprisonment of 20 years and face a maximum fine of $500,000. If the defendant is not an individual, the fine will be $2,000,000.
Related: Prosecution of Women for Drug-Related Offenses
FAQs About Federal Drug Laws
What if I am caught with possession, but my other drug conviction has not been finalized yet?
The higher prison sentences and fines only apply to those who have previous drug-related convictions that have been finalized by the court. If a defendant has other cases but the conviction(s) have not been finalized, they should not receive a higher punishment.
What are the date rape drugs?
Date rape drugs include gamma-hydroxybutyric acid, ketamine, and flunitrazepan.
How can a court prove that a defendant had the intention to manufacture or distribute?
Intent to distribute or manufacture would typically be proved by using the surrounding evidence. For example, if an individual was a known drug dealer, and there were witnesses or other forms of evidence to back up this claim, and they were caught driving with 200 grams of heroin, a court could likely demonstrate that they had possession with intent to distribute.
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