The trafficking of illegal drugs is legally defined as "an offense under federal, state, or local law that prohibits the manufacture, import, export, distribution, or dispensing of a controlled substance (or a counterfeit substance) or the possession of a controlled substance (or a counterfeit substance) with intent to manufacture, import, export, distribute, or dispense." Approximately eight percent of trade revenue worldwide is from illegal drug trafficking, including drugs such as marijuana, heroin, and cocaine. The trafficking of marijuana is not usually as profitable as with stronger drugs that can be diluted and sold in small amounts, but the trafficking of marijuana is still prevalent in the United State and involves severe criminal penalties.
Federal and State Laws
Both federal and state laws regulate the possession, cultivation, and sale of marijuana. Under federal law, the possession of marijuana in the smallest amount is considered a criminal offense and the trafficking of marijuana is a felonious crime. State laws vary, but as a general rule the states closer to the border lines (such as California and Florida) have stricter regulations. It is possible for state laws to allow for the cultivation and sale of marijuana for medical purposes, but it is still illegal according to federal law and you can be penalized regardless of the state’s permission.
Penalties of Marijuana Trafficking
If convicted of marijuana trafficking, the penalties administered are very severe. Small amounts of marijuana (anything over 5 grams) sold to minors or within a thousand feet of a school or other facility where children may be present can lead to a doubling of fines and jail time. The penalties are heightened by the amount of marijuana found in possession with intent to distribute.
Federal penalties for distribution or trafficking of heroin:
- Less than 50 kg - 5 years in jail and $250,000 fine
- 50 to 100 kg - 20 years in jail and $1,000,000 fine
- 100 to 1,000 kg - 5 to 40 years in jail and $2,000,000 fine
- 1000 kg or more - 10 years to life in jail and $4,000,000 fine
The death penalty is also possible for marijuana trafficking, but is only used in extreme cases for the head of a marijuana trafficking company that does over $20,000,000 in sales or distributes more than 60 metric tons each year. Many would like to see the death penalty for those with lesser marijuana offense, but laws have not yet been passed to that extent.
Getting Legal Help
If you have been charged with marijuana trafficking, it is vital to your situation that you contact a criminal defense attorney immediately. The attorney will be able to defend you against charges if you have been falsely accused of illegal drug trafficking and help to lessen you sentence of you are found guilty. An experienced attorney will be your representative and make sure you are treated as innocent until proven guilty.
