21 U.S.C. § 848 – Continuing criminal enterprise (drug kingpin statute)
This statute creates severe penalties for anyone who runs or manages a large-scale drug trafficking operation.
Section 848 is known as the federal “drug kingpin” law. It applies to people who organize, supervise, or manage a major drug trafficking operation, not just those who possess or sell drugs. This statute carries extremely serious penalties, including mandatory long-term prison sentences.
(a) Continuing criminal enterprise.
A person violates this law when all of the following are true:
- they commit a felony drug offense under federal law,
- the offense is part of a continuing series of drug violations, and
- they act as an organizer, supervisor, or manager of five or more people involved in the drug activity, or they obtain substantial income from the operation.
In simple terms, this law targets leaders of major drug distribution networks, not low-level participants.
(b) Penalties.
The basic penalties for operating a continuing criminal enterprise include:
- a minimum of 20 years in federal prison,
- up to life in prison,
- large fines, and
- forfeiture of money, property, or proceeds gained from the operation.
(c) Enhanced penalties for principal leaders.
Harsher penalties apply if the person is a principal organizer or leader of the enterprise. These penalties may include:
- mandatory life imprisonment for certain high-level offenders, and
- additional fines or forfeiture requirements.
(d) Death resulting from enterprise activities.
If someone dies from drug use connected to the enterprise, the penalties can increase significantly, including life imprisonment.
(e) Conspiracy and attempts.
A person who attempts or conspires to run a continuing criminal enterprise is punished the same as someone who completes the offense.
(f) Forfeiture.
Anyone convicted under this statute must give up profits, property, and assets obtained through the criminal enterprise.
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