Federal drug trafficking charges generally come with much harsher penalties than state charges, though defendants might face federal and state cases following arrests in Pennsylvania. In addition to explaining the potential penalties of a federal conviction, our attorneys can identify the appropriate defense against the charges you face.

On the first offense for some Schedule II drugs, the minimum federal prison sentence is five years, but the maximum sentence is 40 years. Federally, marijuana is still a Schedule I drug, so penalties are still relatively harsh when defendants are convicted of federal charges. While challenging searches and evidence might help your case, so might offering evidence that you were acting under duress or were unaware that you were being used to move drugs across state lines. Negotiating plea deals can reduce the risk of jail time, and we can help you avoid a bad deal.

For a confidential and free case review from the Liberty Law Team, call our drug crime defense lawyers at (215) 826-3314.

What is Drug Trafficking in Pennsylvania?

Drug trafficking is the production, sale, transportation, or distribution of illegal substances. Federal charges may be brought against individuals or criminal organizations that move drugs across state lines, if the activity occurs across several states, or if massive amounts of controlled substances are being manufactured.

Keep in mind that you might also face charges from the state for drug offenses, which would be separate from your federal case and might yield additional prison time if convicted.

Federal Penalties for Schedule I and II Drug Trafficking Charges

Penalties for drug trafficking depend on the type of substance being trafficked and its quantity.

Trafficking Cocaine

The first conviction for trafficking between more than 500 grams but less than five kilograms of cocaine, which is a Schedule II drug, would result in a mandatory minimum prison sentence of five years but no more than 40, according to 21 U.S.C. § 841(b)(1)(B).

For a second conviction, a defendant may face federal penalties of at least 10 years in prison and up to life. As you can see, the penalties for drug trafficking involving Schedule I and II drugs can be extremely harsh, and you need to contact an attorney for help immediately.

Death or Serious Injury

If the conviction for a first offense involves death or serious injury, the penalty increases to a minimum sentence of 20 years but no more than life. Furthermore, even upon the first federal drug trafficking conviction, an individual defendant may be fined up to $5 million, while an organization may be fined up to $25 million.

A conviction for a second offense that involves death or serious injury, the penalties are extremely severe. The only penalty available is life in prison, and there may be no other minimum option. You may also be fined up to $8 million if one person is killed or injured, and up to $50 million if more than one person is affected.

Other Drugs and Quantities

The first offense for trafficking 400 grams or more mixture of fentanyl, five kilograms of cocaine, or 50 grams or more of pure methamphetamine across state lines gets a minimum of 10 years in prison and no less than 20 years upon the second conviction.

If death or serious injury occurs for a first conviction, the penalties may be upgraded to 15 years in prison. If a second conviction involves death or serious injury, the penalties may be upgraded to 30 years in prison.

Marijuana

Although marijuana is largely legalized or decriminalized in many states, it is still considered by the federal government to be an illegal controlled substance.

Trafficking 1,000 kilograms or more of marijuana mixture or 1,000 or more plants also comes with a minimum sentence of 10 years on the first offense and 20 years on the second.

Federal Penalties for Schedule III, IV, and V Drug Trafficking Charges

Penalties largely depend on the Schedule of controlled substances involved. While Schedule I and II drugs are regarded as the most severe, Schedule III and IV drug trafficking can also carry significant penalties.

Schedule III Drugs

For trafficking any amount of Schedule III drugs across state lines or being involved in an organization that does so, the maximum prison sentence is 10 years, and there is no minimum. If death or serious injury is involved, convicted defendants may be sentenced to federal prison for no more than 15 years. Upon the second conviction, defendants may face up to 20 years imprisonment.

Schedule IV Drugs

Trafficking one gram or more of flunitrazepam, whose trade name is Rohypnol, or any other Schedule IV drug of any amount comes with a maximum prison sentence of five years upon the first conviction and a maximum sentence of 10 years upon the second. Finally, for trafficking Schedule V drugs of any amount, the initial penalty may be no more than one year in prison, with a second offense carrying a potential four-year sentence.

Fines are typically associated with all federal drug trafficking convictions, even for lesser drug schedules, and defendants may have to pay hundreds of thousands, and sometimes millions, of dollars upon conviction.

Defending and Addressing Federal Drug Trafficking Charges in Pennsylvania

Federal drug trafficking charges are among the most serious charges defendants might face in Pennsylvania. When defending these charges, our attorneys will carefully review the circumstances of any searches performed on your person, car, or property to confirm their legality. Proving a lack of intent or that you were under duress can help you avoid serious jail time, as can negotiating plea agreements in certain situations.

Challenging the Search

Depending on how the evidence against you was gathered, our attorneys may be able to get it thrown out of your case. Officers who search cars without having reasonable suspicion to believe they contain illicit substances do so illegally. Performing an illegal search on your property without a warrant could also violate your right against unlawful search and seizure, making any evidence obtained from that search inadmissible, even in a federal drug trafficking case.

Proving Lack of Intent

It is not uncommon for a criminal drug trafficking organization, or someone involved in one, to use another person to carry drugs across state lines without their knowledge. This defense is generally most successful upon the first arrest for trafficking smaller amounts of illegal drugs.

Arguing Duress

Drug trafficking organizations force individuals to engage in trafficking under duress routinely. Those arrested after being forced to commit a crime after being threatened by the use of force may be able to avoid criminal convictions for federal drug trafficking charges when our drug crime defense lawyers offer evidence confirming they feared for their lives or the lives of their loved ones, such as corroborating witness statements.

Negotiating Plea Agreements

Defendants with information about drug trafficking organizations who are charged because they are complicit might be able to negotiate plea agreements with federal prosecutors with the help of our defense attorneys. We can make sure that any plea agreements are in your best interest.

FAQs About Federal Drug Trafficking Laws in Pennsylvania

What Are the Penalties for Drug Trafficking in Pennsylvania According to Federal Law?

Federal penalties for drug trafficking depend on the substances involved in the alleged crime and whether this is the defendant’s first offense. A first offense for most Schedule I and II substances may lead to no more than 20 years in prison, and a second offense may lead to up to 30 years. For more specific substances, like cocaine or heroin, you may face no less than 5 years and up to 40 years for a first offense.

Can I Be Charged with Federal Drug Trafficking Crimes if I Never Left the State of Pennsylvania?

Yes. Even if you personally do not leave the state while engaged in drug trafficking, the trafficking plan or overall scheme may involve multiple parties cooperating across multiple states. As such, the overall offense may become a federal case because it involves multiple states, even if you never actually left Pennsylvania.

Can I Be Charged with a Federal Crime if I Was Forced to Participate in a Drug Trafficking Operation Against My Will

Yes and no. It is possible to be charged with federal drug trafficking charges even if you participated in the trafficking scheme under duress. The authorities might not believe your claims of duress, and you may still be charged. However, if we can present evidence that your participation was not voluntary and that you acted under duress, we may negate the criminal element of intent, and you may be able to beat the charges.

Are Drug Trafficking Crimes Always Federal Crimes?

Not necessarily. Many drug trafficking cases are state-level crimes that are handled by state authorities in state courts. Only under certain circumstances can these crimes become federal cases. For example, if the drug trafficking offense involves parties in multiple states or crossing state lines, it may become a federal matter. Alternatively, the federal government may take charge of the case if the alleged drug trafficking scheme is large or involves a high quantity of drugs.

How Can I Negotiate a Plea Deal for Federal Drug Trafficking Charges?

Plea deals may be negotiated at the federal level in much the same way they are negotiated in Pennsylvania state courts. The federal prosecutor may reach out to your lawyer with a plea offer. They might agree to reduce the charges or recommend a lenient sentence to the judge if the defendant pleads guilty. You are free to reject the offer and ask for a better one, and you should never accept or reject anything without reviewing it with your lawyer.

If My Federal Drug Trafficking Charges are Dismissed, Can the Case Be Transferred to State Court?

The federal and state governments are separate sovereigns. As such, if your federal drug trafficking charges are dismissed, it is possible for state prosecutors to file state charges for the same crime. However, this does not happen automatically. If federal courts dismiss a case, there is usually a good reason, and state prosecutors might not bother to pick up the case.

Can I Challenge the Removal of My Drug Trafficking Case from State to Federal Court?

If your drug trafficking charges are initially filed in state court, which many are, it may be removed to federal court if the federal government wants to take the case. However, you may challenge this removal to federal court if you believe the federal authorities do not have proper jurisdiction, you were not properly notified of the removal, or if there is some reason the case must remain in state court.

Are Federal Drug Trafficking Charges More or Less Serious Than State Charges?

Generally, federal drug charges tend to carry harsher penalties than drug charges filed in state courts. While this can vary from state to state, and it largely depends on the overall nature of your specific charges, many in the legal field agree that federal charges tend to be harsher.

Call Our Pennsylvania Lawyers About Your Drug Trafficking Case

For a free case assessment from the Liberty Law Team, call our Philadelphia criminal defense lawyers today at (215) 826-3314.