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Federal Drug Crimes

The most commonly charged drug statutes are the following:

21 U.S.C. § 841 Prohibits the manufacture and distribution of, and possession with intent to distribute, controlled substances
21 U.S.C. § 846 Prohibits attempts and conspiracies to manufacture, distribute or possess with intent to distribute controlled substances
21 U.S.C. § 952 Prohibits the importation of controlled substances
21 U.S.C. § 953 Prohibits the exportation of controlled substances
21 U.S.C. § 963 Prohibits the exportation of controlled substances

The penalties for these and other drug crimes are set out in 21 U.S.C. §§ 841(b) and 960(b).  The minimum and maximum statutory penalties are dictated by the type and quantity of the drug involved, but may be increased if the person charged has a prior conviction for a felony drug offense. For example:

Pursuant to 21 U.S.C. §§ 841(b)(1)(A) and 960(b)(1), a statutory range of ten years to life applies to offenses involving at least:

1 kilogram of heroin
5 kilograms of cocaine (powder)
280 grams of cocaine base (crack)
100 kilograms of marijuana or 100 plants
5 grams of actual methamphetamine or 50 grams of mixture or substance

Pursuant to 21 U.S.C. §§ 841(b)(1)(B) and 960(b)(2), a statutory range of five to 40 years applies to offenses involving at least:

100 grams of heroin
500 grams of cocaine (powder)
28 grams of cocaine base (crack)
1,000 kilograms of marijuana or 1,000 plants
50 grams of actual methamphetamine or 500 grams of mixture or substance

Pursuant to 21 U.S.C. §§ 841(b)(1)(C) and 960(b)(3), a statutory range of zero to 20 years applies to offenses involving lesser quantities of drugs.

A statutory maximum of 5 years is provided for offenses involving less than 50 kilograms of marijuana and for certain other lesser offenses. 21 U.S.C. §§ 841(b)(1)(D) and 960(b)(4).

Enhanced Penalties

Sections 841(b) and 960(b) also provide that a qualifying prior conviction increases a 5 to 40 year range to a range of 10 years to life. A second qualifying prior conviction increases a 10 year mandatory minimum to mandatory life.

Safety Valve; Relief from Mandatory Minimum Sentences

18 U.S.C. § 3553(f): For violations of 21 U.S.C. §§ 841, 844, 846, 960, and 963, The “safety valve” provision allows courts to disregard any statutory mandatory minimum sentences if the five conditions listed below are met. In other words, if the five conditions listed below are met, there is no mandatory minimum term.

  1. No more than one criminal history point.
  2. No violence or weapon.
  3. No death or serious bodily harm.
  4. No leadership role adjustment.
  5. Full disclosure – The defendant must make a full and truthful disclosure to the government no later than sentencing.

Downward Departures for Substantial Assistance to Authorities; §5K1.1 Motion

A district court may depart below a guideline minimum sentence where the government has filed a substantial assistance motion pursuant to §5K1.1 based on the defendant’s substantial assistance in the investigation or prosecution of another person who has committed an offense.