Lawmakers usually pass these laws to deter large drug cartels, but more often than not, it is lower-level traffickers who are prosecuted. In fact, the controversy surrounding drug trafficking laws is that a small drug dealer can often face a longer prison sentence than violent criminals. If you are convicted of trafficking marijuana of 50 pounds or more, you can be sentenced to 15 years in prison. The mandatory minimum penalties are distributed as follows: the involvement of minors in the commission of the offence is another aggravating circumstance. If you are trying to smuggle drugs to minors or if you are trying to get minors to sell drugs to others, your crime involves an aggravating circumstance. Controlled substances are divided into five lists. List 1 drugs include heroin and marijuana and are considered the most addictive. List 2 drugs include cocaine and methamphetamine. List 3 drugs include ketamine and anabolic steroids. Schedules 4 and 5 are prescription drugs such as Lyrica, Ambien and Xanax.
Of all drug-related offences, drug trafficking is the most serious. Congress has passed drug laws to deter large drug cartels. However, most of those charged with drug trafficking are lower-level traffickers with little or no criminal history. By hiring a criminal defense lawyer, you can protect your rights if you are accused of drug trafficking. Many states have legalized the sale and purchase of marijuana for personal use, but this is still considered a crime by the federal government. This makes drug laws more complicated if you are arrested for drug trafficking while selling or transporting marijuana. Drug trafficking is an extremely serious indictment in Massachusetts (and elsewhere). You probably already know this, but you`ll be surprised to learn who can be charged with the crime.
Individuals who face jail time and fines twice as high as ordinary penalties for the drug trafficking offense within 1,000 feet of a university (21 U.S.C. 845a), with a mandatory jail term of at least one year. Drug distribution or trafficking also applies to the illegal distribution of prescription drugs such as painkillers or sleeping pills. Illegal distribution of prescription drugs often involves hydrocodone products and pharmaceutical opiates. Drug trafficking (also known as drug distribution) involves the illegal sale, transportation and importation of controlled substances. Controlled substances are regulated by state and federal laws regarding their use and distribution. Illegal controlled substances include marijuana, cocaine, LSD, methamphetamine and heroin. The illegal sale, transportation and distribution of prescription drugs such as Vicodin, Ambien, Adderall, oxycodone and Valium also include the illegal sale, transportation and distribution of prescription drugs.
To prove drug trafficking, the accused must knowingly possess illegal drugs with intent to sell, transport or import them. Evidence such as digital scales or small plastic bags found with the drug, large sums of money, business records of selling or buying drugs, or testimony from someone who sold or bought drugs from the accused can all help prove a drug trafficking charge. * In accordance with the requirements of the Drug Free Workplaces Act of 1988, as a condition of employment, any employee performing work under a federal grant or contract must notify the university if convicted of violating a criminal drug law for workplace activities no later than 10 days after conviction; Students who receive Pell and certain other federal grants are subject to similar conditions and must report any conviction for a drug-related offense to the U.S. Department of Education within 10 days of conviction if the offense occurred during the grant period. Possession of drugs without a valid licence is illegal. Although penalties for drug possession are generally not as high as for drug production and distribution, possession of a relatively large quantity can be considered distribution. Under state and federal laws, penalties for possession, manufacture and distribution are much higher for second and subsequent convictions. Many laws require mandatory prison sentences and the full minimum sentence must be served. Even in states where marijuana dispensaries are legalized, the laws governing the transportation of marijuana are different if you are a commercial entity or an individual. You can still be charged with drug trafficking or trafficking if you ™don`t comply with state laws regarding licensing, taxation, and other legal requirements to own a marijuana retail business. Drug trafficking is usually proven by establishing drug possession and then introducing additional circumstantial evidence or testimony. The crime of drug trafficking is similar to drug possession in that it presupposes that the perpetrator knowingly possesses an illegal controlled substance.
Thus, a person cannot engage in drug trafficking without knowing that he or she is in possession of a drug, or if he or she reasonably but falsely believes that the substance is legal. However, drug trafficking also requires a prosecutor to prove that the offender was involved in the sale, transportation or importation of these drugs or intended to sell or supply the drugs. This additional requirement elevates the status of the crime and makes it a crime. Drug trafficking involves the possession of illicit drugs on a larger scale. Drug trafficking encompasses all elements of the drug trafficking process, from the production or manufacture of drugs, to the smuggling and transportation of drugs to various locations, to the distribution of drugs to traffickers. C. Federal Penalties for Drug Trafficking 21 U.S.C. 841 Penalties for federal drug trafficking convictions vary depending on the amount of controlled substance involved in the transaction. The following list is an example of the scope and severity of federal penalties imposed for initial convictions. The penalties for subsequent convictions are twice as high.
State and federal agencies can also confiscate your property and assets if you are charged with drug trafficking. This includes your money, your vehicles, your residential and bank accounts, anything that was used in your crime or obtained as a result of your crime. The confiscated property remains in the possession of the police during the investigation and trial. In some situations, you may need to file a civil lawsuit to have your property returned. There are also minimum sentences for drug trafficking convictions. The federal government and many states impose mandatory minimum prison sentences. For example, if you have a criminal record and have been convicted of drug trafficking, you risk at least 10 years in federal prison.