Federal and State Drug Trafficking Laws

When most people hear the words "drug trafficking," they imagine drug manufacturers, dealers, and smugglers bringing illicit controlled substances into the country or across state lines. But the law views it differently. Trafficking can involve domestic crimes of manufacturing, selling, or possessing drugs. The exact crime and penalty depends on the state where the crime occurred. Federal prosecutors can also file charges if the crime meets the federal definition of drug trafficking.

What Is Drug Trafficking?

States and the federal government define drug trafficking crimes differently. In some instances, possession alone can be enough.

Federal Drug Trafficking Laws

Under federal law, drug "trafficking" has a specific meaning—one that differs from the term's common usage. A person commits the crime of federal drug trafficking by knowingly and illegally:

• manufacturing or distributing (selling) a controlled substance, or
• possessing a controlled substance with the intent to distribute (sell) it.

Having large amounts of drugs will generally trigger federal trafficking charges. But even if a person only has a small amount of drugs, possession with intent to sell can also result in trafficking charges.

Federal (vs. state) jurisdiction usually comes into play when criminal activity crosses state lines or involves the mail or another type of interstate commerce. But, in the case of drugs, federal law applies even when drug activity hasn't crossed state borders. Congress has decided that any illicit drugs entering the market affect national interests and interstate commerce.

(21 U.S.C. §§ 801, 841 (2024).)

State Drug Trafficking Laws

State laws vary significantly on the definition of drug trafficking. Some closely resemble the federal definition, while others limit trafficking offenses to those involving large amounts of drugs. In some of these states, possession alone of a large amount of drugs will suffice for trafficking charges (as the large amount suggests intent to sell rather than personal use). Still, there are other states where drug trafficking laws involve only selling, manufacturing, or bringing large amounts of drugs into or out of the state.

Below are a few examples of state laws defining drug trafficking.

Large amounts = trafficking. Florida's drug trafficking law applies to knowingly selling, purchasing, manufacturing, bringing into the state, or possessing large amounts of drugs. Florida is one of the states where possession alone can be a trafficking offense if the amount of drugs is large enough. (Fla. Stat. § 893.135 (2024).)

Amount affects penalties. Kentucky defines drug trafficking as manufacturing, distributing, dispensing, selling, transferring, or possessing drugs with intent to do these things. The amount of drugs is not at issue to establish the offense but does impact penalties (similar to federal law). (Ky. Rev. Stat. §§ 218A.010, 218A.1412, 218A.1413, 218A.1414 (2024).)

Large amount + sale or intent to sell. Massachusetts defines trafficking as manufacturing, distributing, dispensing, or possessing large amounts of drugs with the intent to distribute or sell them. Massachusetts is an example of a state where trafficking crimes require a large amount of drugs and drug activity involving manufacturing, selling, or possessing with intent to sell. (Mass. Gen. Laws. ch. 94C, § 32E (2024).)

Federal Drug Trafficking Penalties

Individuals charged with federal drug trafficking face harsh penalties. In some cases, mandatory minimum sentences apply.

Minimum and Maximum Penalties for Federal Drug Trafficking

Under the federal statute, the harshest penalties apply to persons who traffic large amounts of heroin, cocaine, PCP, fentanyl, LSD, meth, and marijuana. Minimum sentences start at 5 years and go up to 25 years of prison time. The maximum sentence for these offenses is life imprisonment. Trafficking offenses involving most other drugs carry maximum sentences but not minimums. For instance, the maximum sentence for trafficking most Schedule III drugs is 10 years (for a first offense). There's no minimum.

Having prior convictions for serious drug or violent felonies increases the statutory penalties, as can causing serious bodily harm or death to a victim. So if a defendant sells meth to someone and the buyer dies from taking it, the defendant could be looking at decades or life in federal prison.

Here are the sentences for heroin trafficking, as an example.

Federal Sentencing Guidelines for Drug Trafficking

As noted above, the federal statute sets maximum and, sometimes, minimum sentences for drug trafficking. But the range of such sentences can be large—for example, 5 to 40 years or 15 years to life. The actual sentence that will be handed down typically comes from the federal sentencing guidelines. The guidelines divide these large ranges into smaller ones based on the severity of the offense and how many prior convictions a defendant has. The more serious the crime and offender are, the harsher the sentence will be.

For drug trafficking convictions, the amount and type of drugs primarily determine the offense level (or at least the starting point). Using our heroin example again, trafficking less than 10 grams of heroin starts a defendant at a severity level 12. These levels go up incrementally based on the amount. For instance, trafficking 40 to 60 grams of heroin has a severity level of 18. The severity level tops out at 38 for 90 kilograms or more.

Based on these severity levels and a defendant's prior criminal history, the guidelines recommend the following sentences (rounded up):

• for severity level 12, one to three years of prison time
• for severity level 18, two to six years of prison time, and
• for severity level 38, 20 years to life in prison.

Circumstances of the crime can also increase the offender's level or score. Use of violence or a dangerous weapon during the offense, for instance, increases the severity level of the offense.

The judge will determine the offense level and use that score, along with criminal history points, to find the appropriate sentence range on the guidelines table. Judges can go lower or higher than the suggested sentence found in the table, but they must state their reasons on the record. They can't go above the maximum sentence set forth in the federal statute, however.

(U.S.S.C. Sentencing Guidelines (2024).)

State Drug Trafficking Penalties

State drug trafficking penalties vary greatly, but most are felonies and involve possible prison time.

State Statutes and Sentencing for Drug Trafficking

All states have laws that set a maximum penalty for drug crimes. For drug trafficking, they may also set minimums. Some states use sentencing guidelines similar to the federal guidelines and might even have a separate drug sentencing table. In states that don't use guidelines, the judge generally has a lot of discretion to determine the exact sentence.

Most state drug trafficking crimes will be felonies, meaning a defendant faces more than a year and up to life in prison. State laws might prohibit probation sentences for serious drug trafficking offenses. Like federal law, if a victim dies or is seriously harmed by a drug, an offender could be looking at decades or life behind bars.

Examples of State Drug Trafficking Penalties

Using the same state examples from above, here are summaries of their drug trafficking penalties.

Florida. In Florida, most drug trafficking offenses are first-degree felonies, punishable by up to 30 years in prison. Mandatory minimum terms apply depending on the type and amount of drug. For instance, trafficking 25 pounds of marijuana carries a minimum three-year prison sentence. A person convicted of trafficking 300 grams of cocaine faces a seven-year minimum sentence. And trafficking 20 grams of fentanyl carries a 20-year minimum. (Fla. Stat. § 893.135 (2024).)

Kentucky divides drug trafficking offenses into three degrees. The state also has a marijuana trafficking offense and an aggravated trafficking statute that applies to large amounts of heroin and fentanyl. An example of first-degree drug trafficking involves 4 grams or more of cocaine or 2 grams or more of meth. These trafficking offenses are class C felonies for a first offense and class B felonies for repeat offenses. Aggravated trafficking involving 100 grams or more of heroin or 28 grams or more of fentanyl is a class B felony. The aggravated offenses are not eligible for probation or parole until they've served 50% of their sentence if the drug was heroin and 85% for fentanyl. (Ky. Rev. Stat. §§ 218A.141 to 218A.1414; 218A.142, 218A.1421 (2024).)

Massachusetts sets minimum and maximum penalties based on the type and amount of drug. For instance, trafficking 18 to 36 grams of heroin carries 3½ to 30 years of prison time. Someone who traffics 10 grams or more of fentanyl will face 3½ to 20 years in prison. A person involved in trafficking 10,000 pounds or more of marijuana can get 8 to 20 years of prison time. Any offender who possessed a firearm or used violence or threats during a trafficking offense will be ineligible for parole. (Mass. Gen. Stat. ch. 94C, § 32E (2024).)

Drug Trafficking and First-Time Offenders

Many states and the federal government have first-offender programs that allow defendants to avoid jail time for drug offenses and even get their convictions dismissed. But these diversion programs are typically available only to people convicted of having small amounts of drugs for personal use, which usually means that trafficking offenses don't qualify. (See 18 U.S.C. § 3607 (2024) (Federal First Offenders Act applies to simple possession charges, not trafficking).)

State laws may be different. It's important to consult state law to see if the charges might qualify for a first-offender program. Depending on the facts of the case, a defendant might be able to plea bargain for a lesser charge that does fall within a first-offender program—for instance, in cases where the amount of drugs is very close to simple possession amounts. Even when people don't qualify for a first-offender program, their lack of criminal history often factors into the judge's sentencing decision.

How to Beat a Drug Trafficking Charge

Depending on the facts of the case, a defendant might have one or more defenses to drug trafficking charges.

Unlawful Search and Seizure

A common defense strategy in drug cases includes asking the court to exclude evidence of the drugs at trial based on an unlawful search or seizure by police. Without evidence of the drugs, a prosecutor's case might fall apart, resulting in a reduction of charges or a dismissal altogether. Defense teams do this by scrutinizing and calling out faulty or suspect police methods used in gathering or handling the evidence.

Entrapment

If law enforcement engaged in undercover operations, a defendant might have an entrapment defense. But this defense only succeeds if it can be proven that police induced the defendant to commit the crime and the defendant was not predisposed (ready and willing) to commit the crime.

Challenging the Amount of Drugs

Drug trafficking charges generally hinge on a large amount of drugs being involved. A defendant might be able to challenge the amount found or the lab tests that established the amount and type of drugs. Reducing the amount of drugs at issue can mean a reduced sentence or charges.

Challenging Other Elements of the Prosecution's Case

Prosecutors must establish every element of the case beyond a reasonable doubt. A defense attorney will work hard to poke holes in the prosecution's case. Challenging the prosecution's evidence regarding the amount of drugs is one strategy. A defense attorney can also challenge whether the defendant had the required intent or knowledge of the crime. For instance, a defendant might argue that the drugs were for personal use and not intended to be sold. Or maybe the drugs were found in the defendant's house but it was rented out. The defendant might argue they didn't know the tenants were using the place for drug trafficking. When the prosecutor doesn't meet its burden of proof, the judge or jury must acquit.

Getting Advice From an Experienced Attorney

Drug trafficking charges are serious, whether the charges occur in federal or state court. A conviction can result in mandatory prison time. If you're being investigated or charged with drug trafficking, talk to a criminal defense attorney who has experience defending drug cases. You also want to find a lawyer who practices in federal court if you're facing federal charges. Ask for a public defender if you can't afford a private attorney.