Drug trafficking or distribution refers to the production, transportation, importing, or sale of illegal substances. While a charge of any drug crime is serious, an accusation of drug trafficking generally carries penalties and sentences far more severe than, for instance, simple possession.
A drug possession charge often simply means that controlled substances which you do not have a legal right to possess have been found on your person or property. Possession does not apply to anyone who is legally allowed to possess a controlled substance, such as through state licensure as a healthcare provider or through an active medical prescription. Depending on the type and amount of the substance, you may incur charges for either state or federal drug crimes, with the potential for plea bargaining, conditional discharge, and judicial diversion, depending on the circumstances.
A drug trafficking charge involves the intent to profit off the manufacture, distribution, and/or selling of an illicit substance. Under the New Jersey Kingpin Law, a person is a leader of a narcotics trafficking network if they conspire with two or more other persons in this scheme and are a financier, organizer, supervisor, or manager of at least one other person. Trafficking charges often involve both state and federal charges and severe mandatory minimum sentences that generally include both imprisonment and fines. Leaders of trafficking networks are subject to life in prison if found guilty.
Standard Penalties
Several factors contribute to a drug trafficking charge, as well as the penalties and sentences that accompany them. Among the most important of these factors include the type and the amount of the illicit substance involved.
In New Jersey, drug types are classified according to the “controlled dangerous substances” or CDS, system. This system aligns with the federal classification and scheduling system for illegal and illicit drugs. Typically, offenses related to Schedule I and Schedule II drugs on the CDS system carry the most serious charges and penalties, with many triggering federal drug charges.
Schedule I drugs are those considered to have a high potential for abuse and no recognized medical purpose. They include heroin, LSD, synthetic marijuana, MDMA, some forms of psychedelic mushrooms, and hashish, among others.
Schedule II drugs are thought to have a significant risk of abuse, though they may be used for medical purposes under limited and rigorously controlled circumstances. A schedule II drug offense typically involves the possession, use, distribution, manufacturing, or trafficking of these substances outside of the strict parameters allowed by law. Schedule II includes, but is not limited to, substances such as hydrocodone, Adderall, fentanyl, morphine, cocaine, and methamphetamine.
Mandatory Minimums
Drug trafficking charges involve the intent to profit off the manufacturing, selling, or distribution of Schedule I or Schedule II substances in collaboration with two or more persons. Trafficking is always a first-degree offense, meaning that it involves severe mandatory minimum sentences.
In New Jersey, a drug trafficking conviction triggers a mandatory minimum sentence of life imprisonment, with a minimum of 25 years served before parole eligibility. In addition, the accused may face fines of up to $750,000 or five times the street value of the CDS the defendant intended to traffic.
Trafficking charges also often accompany other state and federal charges, such as racketeering or strict liability in a drug-induced death. In the case of a conviction, penalties cannot be conflated with those of the trafficking offense, meaning that the accused is likely to face significant prison time beyond the mandatory minimums for trafficking.
Aggravating Factors
In addition, penalties may be enhanced in the presence of certain aggravating factors, such as the involvement of a person under the age of 18 in the conspiracy, the use of a firearm, or the distribution or selling of drugs to a person under the age of 21 or a pregnant person. If the substances are manufactured in one state but distributed or sold in another, then federal charges will typically apply and, consequently, so will further penalties.
If federal charges are applied in a drug trafficking offense, then the defendant will be tried in federal court. If convicted, they will generally face more severe penalties, including extended prison sentences, which will be served in federal custody.
Drug trafficking charges may be leveled based on the amount of the illicit substance found on the defendant’s person or property, the presence of manufacturing or distribution materials on their property, or the existence of financial or material assets that significantly exceed the individual’s known sources of income.
Unlike other drug offenses, such as the possession, use, or distribution of illicit substances, a trafficking charge or conviction is generally not eligible for conditional release, diversion, or plea bargaining.
Penalties by Substance
As has been shown, most drug trafficking cases automatically trigger federal charges, as these are considered first-degree offenses. Federal charges are also triggered when the actors cross state lines during the commission of the crime or when the crime is committed either wholly or partially on federal lands, such as national parks.
Under federal statutes, mandatory minimum penalty ranges are generally based on the type and the amount of the substance to be trafficked.
Marijuana
Mandatory minimums for trafficking marijuana include:
- 100 kilograms or less: 5-year mandatory minimum, 40-year maximum without enhancements or additional charges;
- 1000 kilograms or more: 10 years to life mandatory minimum, not including enhancements and additional charges.
Heroin
Mandatory minimums for trafficking heroin include:
- 100 grams: 5-year mandatory minimum or 40-year maximum, not including enhancement and additional charges;
- 1 kilogram: 10 years to life mandatory minimum, not including enhancements or additional charges.
Cocaine
Mandatory minimums for cocaine trafficking include:
- 28 grams (crack) or 500 grams (powdered): 5-year mandatory minimum or 40- year maximum, not including enhancement and additional charges;
- 280 grams (crack) or 5 kilograms (powdered): 10 years to life mandatory minimum, not including enhancements or additional charges.
LSD
The mandatory minimum for LSD trafficking is up to 20 years imprisonment, not including enhancements and other charges.
Methamphetamines
The mandatory minimums for trafficking methamphetamines are:
- 5 grams (pure) or 50 grams (mixed): 5-year mandatory minimum or 40-year maximum, not including enhancement and additional charges;
- 50 grams (pure) or 500 grams (mixed): 10 years to life mandatory minimum, not including enhancements or additional charges.
Other Schedule I or II Drugs
The mandatory minimum for trafficking other Schedule I or II drugs includes up to 20 years imprisonment, not including enhancements and additional charges.
Schedule III or IV Drugs
The mandatory minimum for trafficking Schedule II or IV drugs includes up to five to 15 years, not including enhancements and additional charges.
Schedule V Drugs
The mandatory minimum for trafficking Schedule V drugs is up to one year of imprisonment, not including enhancements and additional charges.
Circumstances for Additional or Enhanced Penalties
Drug trafficking charges often involve not only additional charges but also enhanced penalties that extend mandatory minimum sentences. This is particularly true for federal charges as defined by the Anti-Drug Abuse Act of 1986.
According to state and federal laws, enhanced penalties including extended prison terms as well as severe monetary fines may apply in the following circumstances:
- The distribution of drugs to a pregnant person or someone below the age of 21;
- Involvement of a person under the age of 18 in the trafficking conspiracy;
- Distribution of drugs on or near the grounds of a school or college;
- The selling or distribution of drugs to an individual who dies or suffers severe bodily injury as a result.
Due to the severity of the drug trafficking charge, even a first-time offender is likely to serve prison time according to the sentencing standards described above.
In addition, many drug trafficking crimes trigger penalty enhancements that include substantial fines. For trafficking charges related to Schedule V drugs, fines ranging from $100,000 to $250,000 may be imposed. For charges relating to Schedule I-IV drugs, fines may range from $1 million to $50 million.
