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Federal Drug Trafficking

Because many controlled substances often cross state lines when they are transported within the United States, it is not uncommon for federal agencies to be involved in investigating and prosecuting alleged drug crimes. Florida in particular is a very common location for drugs to be imported because of the state's lengthy coastline.

Federal charges for alleged drug trafficking offenses carry very serious penalties that can include lengthy prison sentences and extremely steep fines. In certain cases, alleged offenders can face mandatory minimum prison sentences.

Attorney for Federal Drug Trafficking Arrests in Miami-Dade County, FL

If you were arrested or think that you could be under investigation for a federal drug trafficking offense, it is in your best interest to say absolutely nothing to authorities until you have legal counsel. You will want to contact The Hoffman Firm right away.

Miami criminal defense lawyer Evan A. Hoffman aggressively defends clients facing federal charges in several communities in and around Miami-Dade County, such as North Miami, South Miami, Key Biscayne, Aventura, Coral Gables, Hialeah, Opa-locka, Miami, and many others. Call (305) 249-0090 today to have our attorney review your case and discuss all of your legal options during a free, confidential consultation.


North Miami Federal Drug Trafficking Crimes Information Center


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Federal Drug Trafficking Charges

Title 18 U.S. Code § 924(c)(2) defines a drug trafficking crime as "any felony punishable under the Controlled Substances Act (CSA), the Controlled Substances Import and Export Act, or Chapter 705 of Title 46 of the U.S. Code. Most federal drug trafficking offenses involve violations of Title 21 U.S. Code § 841, which makes it unlawful for any person knowingly or intentionally to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance; or to create, distribute, or dispense, or possess with intent to distribute or dispense, a counterfeit substance.

In drug trafficking cases, additional parties may be accused of attempts or conspiracies to commit drug trafficking offenses. Under Title 21 U.S. Code § 846, violations of this statute are punishable by the same penalties that would be imposed for underlying offenses.


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Federal Drug Trafficking Penalties

Consequences of federal drug trafficking convictions depend on the type of controlled substance involved in the alleged offense, the amount of the illegal drug, and whether the alleged offender has been previously convicted. Generally, federal drug trafficking convictions carry the following possible sentences:

Controlled Substance

Amount

Fine

Prison Sentence

Cocaine

500-4,999 grams

First Offense: Mandatory minimum five year sentence up to 40 years in prison. If case involves death or serious bodily injury, mandatory minimum 20 year sentence up to life in prison.

Second Offense: Mandatory minimum 10 year sentence up to life in prison. If case involves death or serious bodily injury, life sentence.

First Offense: Up to $5 million for individuals, $25 million for non-individuals.

Second Offense: Up to $8 million for individuals, $50 million for non-individuals.

Cocaine base

28-279 grams

Fentanyl

40-399 grams

Fentanyl analogue

10-99 grams

Heroin

100-999 grams

LSD

1-9 grams

Pure methamphetamine

5-49 grams

Methamphetamine mixture

50-499 grams

Pure PCP

10-99 grams

PCP mixture

100-999 grams

Cocaine

5 kilograms or more

First Offense: Mandatory minimum 10 year sentence up to life in prison. If case involves death or serious bodily injury, mandatory minimum 20 year sentence up to life in prison.

Second Offense: Mandatory minimum 20 year sentence up to life in prison. If case involves death or serious bodily injury, life sentence.

Third or Subsequent Offense: Life in prison.

First Offense: Up to $10 million for individuals, $50 million for non-individuals.

Second Offense: Up to $20 million for individuals, $75 million for non-individuals.

Third or Subsequent Offense: Up to $20 million for individuals, $75 million for non-individuals.

Cocaine base

280 grams or more

Fentanyl

400 grams or more

Fentanyl analogue

100 grams or more

Heroin

1 kilogram or more

LSD

10 grams or more

Pure methamphetamine

50 grams or more

Methamphetamine mixture

500 grams or more

Pure PCP

100 grams or more

PCP mixture

1 kilogram or more

Other Schedule I and Schedule II Substances

Any amount

First Offense: Up to 20 years in prison. If case involves death or serious bodily injury, mandatory minimum 20 year sentence up to life in prison.

Second Offense: Up to 30 years in prison. If case involves death or serious bodily injury, life imprisonment.

First Offense: Up to $1 million for individuals, $5 million for non-individuals.

Second Offense: Up to $2 million for individuals, $10 million for non-individuals.

Any drug product containing gamma-Hydroxybutyric acid (GHB)

Any amount

Flunitrazepam

1 gram or more

Marijuana

Less than 50 kilograms marijuana (Not including 50 or more marijuana plants, regardless of  weight), or 1 to 49 marijuana plants

First Offense: Up to five years in prison.

Second Offense: Up to 10 years in prison.

First Offense: Up to $250,000 for individuals, $1 million for non-individuals.

Second Offense: Up to $500,000 for individuals, $2 million for non-individuals.

Hashish

10 kilograms or less

Hashish Oil

1 kilogram or less

Marijuana

50 to 99 kilograms marijuana mixture, or 50 to 99 marijuana plants

First Offense: Up to 20 years in prison. If case involves death or serious bodily injury, mandatory minimum 20 year sentence up to life in prison.

Second Offense: Up to 30 years in prison. If case involves death or serious bodily injury, life imprisonment.

First Offense: Up to $1 million for individuals, $5 million for non-individuals.

Second Offense: Up to $2 million for individuals, $10 million for non-individuals.

Hashish

More than 10 kilograms

Hashish Oil

More than 1 kilogram

Marijuana

100 to 999 kilograms marijuana mixture, or 100 to 999 marijuana  plants

First Offense: Mandatory minimum five year sentence up to 40 years in prison. If case involves death or serious bodily injury, mandatory minimum 20 year sentence up to life in prison.

Second Offense: Mandatory minimum 10 year sentence up to life in prison. If case involves death or serious bodily injury, life sentence.

First Offense: Up to $5 million for individuals, $25 million for non-individuals.

Second Offense: Up to $8 million for individuals, $50 million for non-individuals.

Marijuana

1,000 kilograms or more marijuana mixture, or 1,000 or more marijuana plants

First Offense: Mandatory minimum 10 year sentence up to life in prison. If case involves death or serious bodily injury, mandatory minimum 20 year sentence up to life in prison.

Second Offense: Mandatory minimum 20 year sentence up to life in prison. If case involves death or serious bodily injury, life sentence.

First Offense: Up to $10 million for individuals, $50 million for non-individuals.

Second Offense: Up to $20 million for individuals, $75 million for non-individuals.

Other Schedule III Drugs

Any amount

First Offense: Up to 10 years in prison. If case involves death or serious bodily injury, up to 15 years in prison.

Second Offense: Up to 20 years in prison. If case involves death or serious bodily injury, up to 30 years in prison.

First Offense: Up to $500,000 for individuals, $2.5 million for non-individuals.

Second Offense: Up to $1 million for individuals, $5 million for non-individuals.

All other Schedule IV Drugs (other than one gram or more of Flunitrazepam)

Any amount

First Offense: Up to five years in prison.

Second Offense: Up to 10 years in prison.

First Offense: Up to $250,000 for individuals, $1 million for non-individuals.

Second Offense: Up to $500,000 for individuals, $2 million for non-individuals.

All Schedule V Drugs

Any amount

First Offense: Up to one year in prison.

Second Offense: Up to four years in prison.

First Offense: Up to $100,000 for individuals, $250,000 for non-individuals.

Second Offense: Up to $200,000 for individuals, $500,000 for non-individuals.


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Florida Resources for Federal Drug Trafficking Offenses

Federal Drug Trafficking Penalties | Drug Enforcement Administration (DEA) — The mission of the DEA is "to enforce the controlled substances laws and regulations of the United States and bring to the criminal and civil justice system of the United States, or any other competent jurisdiction, those organizations and principal members of organizations, involved in the growing, manufacture, or distribution of controlled substances appearing in or destined for illicit traffic in the United States; and to recommend and support non-enforcement programs aimed at reducing the availability of illicit controlled substances on the domestic and international markets." View all federal drug trafficking penalties on this section of the DEA website. You can also find information about the CSA, drug scheduling, and drug fact sheets.

Quick Facts on Drug Trafficking Offenses | United States Sentencing Commission (USSC) — View a USSC publication discussing drug trafficking offenses in fiscal year 2013. According to the factsheet, 96.3 percent of drug trafficking offenders in 2013 were sentenced to imprisonment, with an average sentence length of 72 months (six years). More than three-quarters of drug traffickers were sentenced either within the guideline range (39.7 percent) or below the range at the government’s request (38.5 percent).


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The Hoffman Firm | Miami Federal Drug Trafficking Defense Lawyer

Do you believe that you might be under investigation or were you already arrested for an alleged federal drug trafficking offense anywhere in Miami-Dade County? Whatever you do, do not make any kind of statement to authorities without first contacting The Hoffman Firm.

Evan A. Hoffman is an experienced criminal defense attorney in Miami who represents individuals in Hialeah, Doral, Aventura, North Miami, South Miami, Key Biscayne, Miami Beach, Coral Gables, Homestead, and many surrounding areas of South Florida. You can have our lawyer provide a complete evaluation of your case once you call (305) 249-0090 or fill out an online contact form to schedule a free initial consultation.


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Free Consultation

All fields are required. The use of this form for communication with our personnel does not establish an attorney-client relationship.

Evan A. Hoffman

Evan A. Hoffman

Mr. Hoffman’s philosophy is "our knowledge and experience is your best defense." He has been a featured author on criminal law issues such as driving under the influence, domestic violence and illegal searches.

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If you received any kind of traffic violation in the Miami area call The Hoffman Firm today.

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