Under Title 21 of the United States Code, federal drug trafficking is defined as distributing, manufacturing, importing illegal drugs or controlled substances, as well as possessing with intent to distribute and distributing such drugs to individuals under 21 years old, minors, pregnant women, and committing the offense in or near school grounds. A conviction for federal drug trafficking carries mandatory minimum penalties.
Mandatory minimum penalties are based on the type of drug and the quantity involved in the offense. If certain amount thresholds are met, the mandatory minimum federal prison sentence is five years (with a maximum term of 40 years), while larger amounts increase the mandatory minimum to ten (10) years (with a maximum sentence of life imprisonment). Additionally, a repeat offense or an offense involving serious injury or death may also result in increased mandatory minimum sentences.
The following is a breakdown of the mandatory minimum penalties based on the drug:
Heroin – Trafficking involving at least 100 grams of heroin triggers a five-year mandatory minimum sentence. However, a repeat offense carries a 10-year mandatory minimum. If a serious injury or death is involved when trafficking at least 100 grams of heroin, the mandatory minimum sentence is 20 years, while a repeat offense carries a lifetime mandatory minimum term. Trafficking involving at least one (1) kilo of heroin triggers a ten-year mandatory minimum sentence, while a repeat offense carries a 20-year mandatory minimum. If a serious injury or death is involved when trafficking at least a kilo of heroin, the mandatory minimum term is 20 years, while a repeat offense carries a lifetime mandatory minimum term.
Powder cocaine – Trafficking involving at least 500 grams of powder cocaine triggers a five-year mandatory minimum sentence, while a repeat offense carries a 10-year mandatory minimum. If a serious injury or death is involved when trafficking at least 500 grams of power cocaine, the mandatory minimum is 20 years, while a repeat offense carries a lifetime mandatory minimum term. Trafficking involving five (5) kilos of powder cocaine triggers a ten-year mandatory minimum sentence, while a repeat offense carries a 20-year mandatory minimum. If a serious injury or death is involved when trafficking at least five kilos of powder cocaine, the mandatory minimum term is 20 years, while a repeat offense carries a lifetime mandatory minimum term.
Cocaine base (also known as crack) – Trafficking involving at least 28 grams of crack triggers a five-year mandatory minimum sentence, while a repeat offense carries a 10-year mandatory minimum. If a serious injury or death is involved when trafficking at least 28 grams of crack cocaine, the mandatory minimum is 20 years, while a repeat offense carries a lifetime mandatory minimum term. Trafficking involving at least 280 grams of crack triggers a ten-year mandatory minimum sentence, while a repeat offense carries a 20-year mandatory minimum. If a serious injury or death is involved when trafficking at least 280 grams of crack, the mandatory minimum term is 20 years, while a repeat offense carries a lifetime mandatory minimum term.
Methamphetamine (pure) – Trafficking involving at least five (5) grams of pure methamphetamine triggers a five-year mandatory minimum sentence, while a repeat offense carries a 10-year mandatory minimum. If a serious injury or death is involved when trafficking at least five grams of pure methamphetamine, the mandatory minimum is 20 years, while a repeat offense carries a lifetime mandatory minimum term. Trafficking involving at least 50 grams of pure methamphetamine triggers a ten-year mandatory minimum sentence, while a repeat offense carries a 20-year mandatory minimum. If a serious injury or death is involved when trafficking at least 50 grams of pure methamphetamine, the mandatory minimum term is 20 years, while a repeat offense carries a lifetime mandatory minimum term.
Methamphetamine (mixture) – Trafficking involving at least 50 grams of a methamphetamine mixture triggers a five-year mandatory minimum sentence, while a repeat offense carries a 10-year mandatory minimum. If a serious injury or death is involved when trafficking at least 50 grams of a methamphetamine mixture, the mandatory minimum is 20 years, while a repeat offense carries a lifetime mandatory minimum term. Trafficking involving at least 500 grams of a methamphetamine mixture triggers a ten-year mandatory minimum sentence, while a repeat offense carries a 20-year mandatory minimum. If a serious injury or death is involved when trafficking at least 500 grams of a methamphetamine mixture, the mandatory minimum term is 20 years, while a repeat offense carries a lifetime mandatory minimum term.
Marijuana – Trafficking involving at least 100 kilograms of cannabis triggers a five-year mandatory minimum sentence, while a repeat offense carries a 10-year mandatory minimum. If a serious injury or death is involved when trafficking at least 100 kilos of cannabis, the mandatory minimum is 20 years, while a repeat offense carries a lifetime mandatory minimum term. Trafficking involving at least 1,000 kilograms of cannabis triggers a ten-year mandatory minimum sentence, while a repeat offense carries a 20-year mandatory minimum. If a serious injury or death is involved when trafficking at least 1,000 kilos of cannabis, the mandatory minimum term is 20 years, while a repeat offense carries a lifetime mandatory minimum term.
If you are facing federal drug charges in Lexington or Columbia, SC, contact the Law Office of James R. Snell, Jr., LLC today at (803) 359-3301 for a free initial consultation. Let our legal team protect your rights and freedom!