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Federal Drug Trafficking Cases in Missouri
Both Missouri and federal laws penalize drug trafficking. Generally, drug trafficking involves activities meant to supply drugs to users rather than personal possession and use. The idea is that by punishing those who manufacture, transport, import, or otherwise provide drugs, the supply will dry up and the nation’s drug problem will diminish.
Whether this approach has succeeded is open to debate. However, it has contributed to a significant increase in the U.S. prison population because of the lengthy prison sentences imposed on convicted drug traffickers.
The Federal Drug Trafficking Statute Explained
The federal drug trafficking statute is deceptively simple. U.S. law prohibits anyone from knowingly or intentionally performing any of the following acts involving controlled substances:
- Manufacture
- Distribute
- Dispense
- Possess with the intent to manufacture, distribute, or dispense
The law also prohibits anyone from performing any of those acts involving a counterfeit substance. Counterfeit substances are any controlled substances with a false marking. For example, fentanyl pills in a bottle with an OxyContin trademark could be considered “counterfeit substances.”
Controlled substances are classified into several classes based on the risks of addiction and their medical uses. For instance, Schedule I drugs have a high risk of dependence and no recognized medical uses, while Schedule V drugs have a low risk of dependence and recognized medical uses.
Some of the most commonly used drugs fall into Schedules I and II. These schedules include:
Despite decriminalization efforts in many states, marijuana still appears on Schedule I.
Trafficking Definitions
The federal drug trafficking statute may seem straightforward, but it includes several terms with specific legal definitions. These definitions help determine the scope of the drug trafficking law.
Drug manufacturing can mean any of the following:
- Producing
- Preparing
- Propagating
- Compounding
- Processing
- Packaging
- Labeling
Thus, someone who weighs and bags drugs for sale likely falls within the definition of a manufacturer.
Distribution covers the constructive or actual delivery of a drug. For example, transporting drugs to a drop site and leaving them can constitute distribution. However, distribution does not include administering drugs. Thus, you are not a distributor if you inject someone with a controlled substance or put it into their drink, but these acts might qualify as dispensing.
Specifically, dispensing includes any delivery or administration by a practitioner of a controlled substance. Doctors, pharmacists, veterinarians, and nurses can “dispense” drugs lawfully or unlawfully.
Possession Laws
One of the most common violations of drug trafficking laws in Missouri occurs when someone possesses drugs with the intent to distribute. Possession means both actual and constructive possession. Active possession occurs when the accused has drugs on their body, such as someone who has drugs in their pocket or a backpack.
However, you can also constructively possess drugs. Constructive possession occurs when you have control over and access to the drugs. For instance, you can constructively possess drugs stashed in your safe or the spare tire well of your car.
Most people do not admit their intent to distribute. Instead, prosecutors must infer it from the circumstances of your arrest. If any of the following conditions are met, prosecutors may assume that you intended to distribute the drugs in your possession:
- You held a large quantity
- You also had a scale, baggies, or cash
- The drugs were packaged
- You had messages on your phone from prospective customers
- You offered to sell drugs to undercover agents
Prosecutors can use this evidence to persuade a jury of your intent. However, our criminal defense attorneys can defend you by picking the evidence apart or rebutting it.
Possible Defenses to Federal Drug Trafficking Charges in Missouri
We have several possible defenses we can raise to federal drug trafficking charges. Our lawyers can develop a personalized strategy based on the facts of your case and the specific evidence against you. Some defenses that may apply include the following:
Lack of Intent
You must knowingly traffic drugs to violate the law. If you were not aware of the drugs or that they were illegal, you might have lacked the intent necessary for a conviction.
For example, suppose your roommate hid drugs in your car so they could borrow your vehicle and deliver them. If you get caught with the drugs, you can argue that you did not knowingly possess them.
Duress
You might have been threatened with violence if you failed to traffic drugs. In this case, you can argue that you acted under duress and only possessed, distributed, or dispensed drugs because of the threats.
Entrapment
Entrapment occurs when law enforcement officers coerce you into violating the law despite your lack of predisposition to do so. This is a risky defense to assert because you must essentially admit you broke the law. However, undercover officers can exert so much pressure that you might feel that you were unduly coerced into trafficking drugs.
Illegal Search
Under the U.S. Constitution, the police cannot conduct unreasonable searches. Specifically, the Fourth Amendment requires the police to obtain a search warrant, secure your permission, or prove that the search involved exigent circumstances that prevented them from getting one. The evidence uncovered in an illegal search can be thrown out by a judge so that it cannot be used against you.
Penalties for Federal Drug Trafficking in Missouri
The penalties for federal drug trafficking convictions in Missouri depend on the type of drug involved and your criminal background. If you are a repeat offender or were charged with trafficking drugs on Schedule I or II, you can face higher penalties. Moreover, the amount of the drug recovered also affects the possible sentence.
The penalties you may face for federal drug trafficking charges include the following:
| Amount and Type | Potential Penalty |
|---|---|
|
First offense involving: Less than five kg of cocaine Less than 400 g of fentanyl Less than one kg of heroin Less than 10 g of LSD Less than 50 g of methamphetamine Less than 100 g of pure PCP |
Five to 40 years in prison Up to $5 million fine |
|
Repeat offense involving: Less than five kg of cocaine Less than 400 g of fentanyl Less than one kg of heroin Less than 10 g of LSD Less than 50 g of methamphetamine Less than 100 g of pure PCP |
10 years to life in prison Up to $8 million fine |
|
First offense involving: At least five kg of cocaine At least 400 g of fentanyl At least one kg of heroin At least 10 g of LSD At least 50 g of methamphetamine At least 100 g of pure PCP |
10 years to life in prison Up to $10 million fine |
|
Second offense involving: At least five kg of cocaine At least 400 g of fentanyl At least one kg of heroin At least 10 g of LSD At least 50 g of methamphetamine At least 100 g of pure PCP |
20 years to life in prison Up to $20 million fine |
|
Third or subsequent offense involving: At least five kg of cocaine At least 400 g of fentanyl At least one kg of heroin At least 10 g of LSD At least 50 g of methamphetamine At least 100 g of pure PCP |
Life imprisonment Up to $20 million fine |
