- Transported, imported, sold, furnished, administered or gave away.
- A controlled substance.
- You knew the drug was a controlled substance.
What qualifies as drug trafficking?
The exercise of control over the controlled substance; Knowledge that the substance was present; Knowledge that the substance was a narcotic drug, dangerous drug, prescription-only or other illegal drug; and. That the drug was possessed for purpose of a sale .
What amount of drugs is considered trafficking?
For example, someone found in possession of 1 or more grams of LSD (lysergic acid diethylmide), 5 or more grams of crack cocaine, 500 or more grams of powdered cocaine, or 100 or more grams of heroin will face drug trafficking charges.
How do you win a drug trafficking case?
- Understand your rights. ...
- Get an attorney to represent you immediately. ...
- Gather all the evidence immediately. ...
- Focus on an effective strategy. ...
- Lab equipment issues. ...
- Beyond any reasonable doubt. ...
- Grill confidential informants. ...
- Use the entrapment defense.
What is the difference between possession and trafficking?
Drug trafficking is generally defined as the production, distribution, and sale of illegal drugs including cocaine, LSD, PCP, heroin, and marijuana. On the other hand, drug possession refers to simply being caught while having illegal drugs.
What is the mandatory minimum sentence for drugs in the US?
| Substance Minimum Maximum | Simple possession of a controlled substance with 1 prior conviction 15 days 2 years | Simple possession of a controlled substance with 2 or more priors 90 days 3 years | Drug kingpin 20 years life | repeat offender 30 years life |
|---|
What are the common examples of drug trafficking?
Examples of drugs that can be trafficked are usually drugs that take the form of illicit, schedule drugs, like cocaine, heroin, and methamphetamines . Drug trafficking also consists of prescription drugs that individuals can abuse, such as Xanax, Adderall, oxycodone, and Vicodin.
How do you fight a drug case?
- Know Your Fourth Amendment Rights. The first and perhaps most important thing you can know for how to beat a felony drug charge is to learn your Fourth Amendment rights. ...
- Consider Compromising. ...
- Refuse to Acknowledge Possession. ...
- Claim Entrapment. ...
- Use Medical Exceptions.
What is the punishment for trafficking?
Sentences for drug distribution and trafficking can generally range from 3-5 years to life in prison but can be substantially higher when larger quantities are involved. Drug trafficking/distribution is a felony and is a more serious crime than drug possession.
What is possession for the purpose of trafficking?
The elements of the crime of possession with intent to distribute or drug trafficking are: The exercise of control over the controlled substance ; Knowledge that the substance was present; Knowledge that the substance was a narcotic drug, dangerous drug, prescription-only or other illegal drug; and.
What is the difference between drug dealing and drug trafficking?
Drug smuggling also involves moving drugs from one state to another or even one country to another . ... Simply moving drugs is smuggling, but if there is an element of selling the drugs, then it goes into trafficking territory.
Is trafficking worse than distribution?
Generally, drug trafficking charges carry more severe penalties than drug distribution . If one is caught in possession of a very large amount of drugs, or is caught transporting drugs across state lines, they are more likely to be charged with drug trafficking.
Do first time drug offenders go to jail?
There are a lot of variables involved to determine how long you go to jail for possession of drugs in California. In general, first time misdemeanor drug possession charges are punishable by one year in jail and up to a $1,000 fine .
What is the sentence for drug use?
Persons convicted on federal charges of possessing any controlled substance face penalties of up to one year in prison and a mandatory fine of no less than $1,000 up to a maximum of $100,000 . Second convictions are punishable by not less than 15 days but not more than two years in prison and a minimum fine of $2,500.
What are the disadvantages of drug trafficking?
The consequences of illicit drug use are widespread, causing permanent physical and emotional damage to users and negatively impacting their families, coworkers, and many others with whom they have contact. Drug use negatively impacts a user’s health, often leading to sickness and disease.
Do drug charges ever get dropped?
Drug crimes are some of the most common criminal offenses prosecuted each year. ... It is possible to avoid some of these potential drug penalties by having drug charges dropped in a drug case. Although this is not possible in all cases, many defendants succeed in having the charges against them reduced or dismissed.
