Drug Trafficking
Drug trafficking is a general term used to describe the manufacturing, distribution, and sale of marijuana, illegal drugs, and controlled substances in California. Even prescription drugs can be trafficked if the defendant was not legally licensed to distribute and sell them.
- State Penalties: <p>The penalties for drug trafficking depend on certain factors, namely:<br/> ● The type of drug<br> ● Trafficking volume<br> ● The defendant’s criminal history<br> ● Circumstances that call for sentencing enhancements<br> ● Whether or not minors were involved in the trafficking activity Anyone convicted of selling, transferring, and importing drugs can spend 3-5 years in prison. Moving them between counties for trafficking purposes is a felony punishable by incarceration for up to 9 years. Selling to children, hiring children to participate in the trafficking activities, and conducting drug-related transactions within 1,000 feet of schools or playgrounds can all result in up to 9 years in prison, with the last offense acting as a sentencing enhancement.<br> Trafficking in marijuana is a felony punishable by up to 4 years in prison unless the amount seized is less than 28.5 grams and the cannabis is not concentrated. Then the offense changes to a misdemeanor and a fine of up to $100.<br> Health and Safety Code 11350 HS prohibits the possession of controlled substances such as cocaine, GHB, heroin, peyote, and even prescription drugs such as codeine and Vicodin if the defendant does not have a legitimate prescription for them. Violating HS 11350 is a felony punishable by 16 months, 2 years, or 3 years in prison and a $20,000 fine.<br> HS 11351 covers the same drugs as 11350, but is a more serious offense because it deals with possessing or acquiring the substances with intent to sell. Penalties upon conviction are 2, 3, or 4 years in prison and a $20,000 fine unless the drugs exceed one kilo in weight. Then the defendant faces an additional 3 to 25 years plus fines of up to $8,000,000.</p>
- Difference between California State and Federal statutes: <p>Federal penalties for drug trafficking vary by drug type, amount seized, and the defendant’s prior record. For heroin, cocaine, meth, LSD, PCP, and Fentanyl, the minimum sentence is 10 years and the maximum is life. Fines of up to $20 million are also applied. Marijuana, hashish, and hashish oil carry penalties of 5 years to life if bodily injury or death results from use of the drug, plus fines.</p>
- Related Crimes: <p>Allowing others to manufacture drugs in one’s home or other structure, being under the influence of a controlled substance, possessing drug paraphernalia, possession of a controlled substance, possession of a controlled substance for sale, selling a controlled substance</p>
- When is the best time to act?: <p>Drug trafficking is a serious charge with sentencing enhancements that can result in years of prison time and heavy fines. Anyone charged with an offense related to drug trafficking must contact a Los Angeles criminal defense attorney to ensure that their rights are safeguarded throughout the court process.</p>
- Successful Defenses: <p>Defenses to drug trafficking charges include entrapment, mistaken identity, being in the wrong place at the wrong time, and illegal search and seizure.</p>
- High profile/Government cases: <p>In July 2014 the shipping icon Federal Express was indicted by the U.S. Department of Justice for drug trafficking. A statement issued by the Department revealed that FedEx stands charged with conspiracies to traffic in controlled substances and prescription drugs for illegal internet pharmacies.<br> According to the indictment, FedEx was aware that it was being used to transport controlled substances, and had been for over a decade. A company representative confirmed that a not guilty plea would be entered, adding that FedEx was a delivery company and not a law enforcement body.</p>
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