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§ 846 – Attempt and Conspiracy (Drug Distribution and Possession With Intent)

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Posted by Christopher Combs on January 30, 2026

21 U.S.C. § 846 – Attempt and conspiracy (drug distribution/possession with intent conspiracies)

This statute makes it a crime to try to commit, or agree with others to commit, a federal drug offense.

Section 846 applies to attempts and conspiracies involving federal drug crimes. A person violates this law if they try to commit a drug offense or if they join an agreement with others to commit one. The law does not require the crime to be completed for someone to be charged.

Main rule.
Anyone who attempts or conspires to commit a drug offense listed in the federal drug laws is subject to the same penalties as the offense they planned or attempted. This includes crimes such as manufacturing, distributing, or possessing controlled substances with intent to distribute.

Because the punishment matches the underlying offense, a conspiracy or attempt involving a serious drug crime can carry decades in prison, large fines, and other federal penalties.

View the full statute here.

If you’re facing a federal drug conspiracy or attempt charge, legal help is critical. Reach out to us or call (314) 900-HELP to talk with a federal criminal defense attorney.

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