“The Wire”, “Weeds” and “Breaking Bad” have swept T.V. screens across the nation. While they make for great T.V. and the characters are fictional, the drug trade is not. The war on the drug trade costs $51 billion annually. While we love to connect with Walter White and see his “empire” expand, drug trafficking is a very serious crime with major consequences. There are over 4,400 DEA agents working on drug trafficking and drug related cases, which result in around 30,000 arrests each year (1).
A drug trafficking charge is extremely serious, and if convicted you can face fines, jail time, probation and a criminal record. Being convicted of a drug trafficking offense can affect job opportunities, financial aid, insurances among other things.
A drug trafficking charge is defined as: A global illicit trade involving the cultivation, manufacture, distribution and sale of substances which are subject to drug prohibition laws. Drug trafficking can include the sale, possession or transportation of drugs like: marijuana, methamphetamines, heroin, cocaine and other drugs. Drug trafficking is considered a more serious crime than merely drug possession. Transportation across state and international borders can also increase the severity of the crim.
A federal drug conviction can produce a jail sentence between 5 – 40 years, if death or serious bodily injury occur it can be between 20 years to life, and a fine of $5 million if it’s a first offense. If 2 or more offenses it escalates to life imprisonment and a $20 million fine (2).
State convictions can vary depending on state and how they choose to file the case, either a misdemeanor or a felony charge. If you’re convicted of a misdemeanor, you could face a year in county jail and a fine of $1,000. If you’re charged as a felony you could face 16 months – 3 years and a $10,000 fine as a first time offender. If you transported drugs across more than two counties, your sentence can increase to three, six or nine years (3). Also, depending on where you were arrested can also play a role in increasing the charges against you. If you were arrested within 1,000 feet of a drug treatment center, detox facility or homeless shelter your sentence could be increased. Including a minor in your drug trafficking will also increase the severity of your charges.
Having a felony drug charge on your record can affect:
Your ability to own a gun
Your ability to get a job
Your ability to join the military
Your ability to get educational loans
Your ability to get food stamps, cash assistance, and public housing
Your ability to get Social Security
Your right to vote
You become ineligible for jury duty
You have to register on the Drug Offender Registration
You can be deported
You can face eviction
You can have your license/permits/certifications suspended
Your public record and criminal record
Sources:
1) “Trafficking Statistics.” DrugAbuse.net.2) “Federal Trafficking Penalties.” United States Drug Enforcement Administration.3) California Health and Safety Code § 11377-11382.5
Photo by J J / CC BY
Bradley Corbett
Bradley Corbett is a criminal defense attorney in San Diego. He graduated from Brigham Young University in Provo Utah in 2004. Later he enrolled at Thomas Jefferson School of Law in San Diego where he participated in a prestigious internship program with the Los Angeles County Public Defender. Since then he has handled over 2,000 cases.
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