Federal Drug Trafficking
The war on drugs, a decades-long, generational disputes over illicit substances, is a complex web of laws and regulations at both the federal and state levels. While state laws often address possession and smaller-scale distribution, federal drug trafficking charges are way more harsher penalties and can have life changing consequences. These charges are not simply about possessing a small amount of an illegal substance; they involve a complex interplay of factors, including the type and quantity of the drug, the method of distribution, and any involvement in larger criminal organizations. Understanding the nuances of federal drug trafficking laws is crucial, as even seemingly minor missteps can lead to severe repercussions, including lengthy prison sentences, hefty fines, and a criminal record that can haunt you for years to come. At KAASS LAW, we understand the gravity of these charges and the impact they can have on your life. We are dedicated to providing aggressive and compassionate legal representation to individuals facing federal drug trafficking accusations. The following will provide a comprehensive overview of federal drug trafficking laws, potential defenses, and the importance of securing experienced legal counsel.
Federal Drug Trafficking Law US Code 21 Section 841
Federal drug trafficking law US Code 21 Section 841 states that it is unlawful to knowingly and intentionally manufacture, dispense, distribute, or possess the intention to manufacture, distribute or dispense a controlled substance; or distribute, create, dispense or possess with the intention to dispense or distribute the counterfeit substance.
Elements of Federal Drug Trafficking Crimes Under US Code 21 Section 841
The prosecution must prove beyond a reasonable doubt the following elements to convict the defendant of federal drug trafficking:
- The defendant had the specific intent to traffic drugs.
- The defendant had knowledge that he was transporting drugs
Counterfeit Substance
A counterfeit substance is a controlled substance that has the container or labeling of any trademark, identifying mark, trade name, number, imprint, device, or any likeness thereof, of a manufacturer, dispenser, or distributor or without authorization.
Federal Drug Crime Charges
The defendant is likely to be charged with a federal drug crime charges in case the criminal activity:
- Happened on federal property
- Involved importing drugs into the US or crossed state lines
- Was related to a continuing criminal enterprise or an organized crime
- Involved the sale of a large amount of drug
- Involved transporting drugs through mail couriers such as FedEx, USPS, and UPS.
Simple Possession and Possession With the Intent to Distribute
Small amounts of drugs can be considered to be for personal use, and are often handled by local and state officials. But, in case the defendant is involved with larger amounts of drugs with the intent to distribute, his case is more likely to be handled by federal authorities.
Penalties for Federal Drug Trafficking
The judge considers the following factors when determining the defendant’s sentence:
- Defendant’s criminal history
- The type of drugs
- The quantity of drugs
- Whether or not the drug caused death or serious bodily injury to another person
According to the Controlled Substance Act (CSA), controlled substances are divided into five schedules based on their perceived abuse potential, safety concerns, and medical utility. Drugs listed in Schedule I have the highest potential for abuse. The defendant can face a 10-year minimum sentence for manufacture or possession with the intent to distribute the following drugs:
- 1 kg or more of heroin
- 5 kg or more of cocaine
- 280 g or more of crack
- 50 g or more of pure methamphetamines (500 g of meth mixture).
- 10 g or more of LSD
- 100 g or more of pure PCP
- 1000 kg or more of marijuana;
The defendant can face up to 20 years in federal prison for a second offense, and a life sentence for a third offense. In case someone suffered great bodily injury or died as a result of the crime the penalties can double from a minimum of 20 years to a life sentence for a subsequent offense.
Penalties for Smaller Amounts of Drugs
The defendant will also face a mandatory minimum sentence of 5 years in federal prison for smaller amounts of drugs.
- 100 g or more of heroin
- 28 g or more of crack
- 100 kg or more of marijuana
- 5 g or more of pure methamphetamines (50 g of meth mixture)
- 500 g or more of cocaine
- 10 g or more of pure PCP
- 1 g or more of LSD
Penalty Enhancement for Federal Drug Trafficking
The defendant will face harsher penalties in case he carried a firearm during a drug trafficking crime, was trafficking drugs near a federal facility or school, or used a minor under the age of 18 in drug operations.
Contact Us
At KAASS LAW, we have an experienced office in defending individuals against federal drug trafficking charges. We understand the complexities of federal law and are committed to providing our clients with the highest quality legal representation. If you are facing federal drug trafficking accusations, contact us today for a confidential consultation. Additionally, if you received any trouble from drugs hidden in a false compartment, we can also help! We will review your case, explain your options, and provide legal options in protecting your rights and your future. Don't face these serious charges alone. Let KAASS LAW fight for you. [contact-form-7 id="5673" title="KAASS LAW Contact Form"]
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The California law that makes it unlawful to conceal a controlled substance in a fake compartment is Health and Safety Code 11366.8 HS. The crime is punishable by up to 3 years in prison and may be tried as a misdemeanor or felony. According to this law, it is unlawful for someone to:
- The ability to own or employ a fake compartment with the purpose of concealing or transporting drugs inside of it.
- In order to conceal or carry drugs inside a vehicle, create a phony compartment within or attached to the vehicle.
Any box or enclosure that is intended or created to conceal a prohibited substance is referred to as a "false compartment."
What Exactly Does It Mean to Hide Substances in a Falsified Compartment?
Regarding the use of fictitious compartments to conceal drugs, see California Health and Safety Code 11366.8. The relevant code section forbids two acts. First, a violation of Health and Safety Code 11366.8(a) includes:
- own, operate, or maintain a fake compartment
- to do so with the purpose of placing drugs therein for storage, concealment, smuggling, or transportation
Second, a violation of Health and Safety Code 11366.8(b) includes:
- create, assemble, modify, set up, or affix a fake compartment to a vehicle
- to act in such a way with the intent to transfer, smuggle, conceal, or store a banned substance therein
A "false compartment" is any box, container, space, or enclosure contain or built to conceal any drug inside of it. However, a "vehicle" may be personal or professional in nature. Common vehicles include, for instance: vehicles such as automobiles, trucks, buses, airplanes, boats, ships, and yachts.
Does Health and Safety Code 11366.8 HS Have Any Defenses?
A suspect of hiding drugs in a false compartment may contest the accusation by raising a legal defense. A charge is frequently withdrawn or decreased as a result of a successful defense. Please be aware, however, that in order to mount the strongest defense possible, a defendant must hire representation. Three typical countermeasures against HSC 11366.8 allegations include:
- forced admission
- entrapment
- no intention
What Penalties Apply?
A wobbler is a person who hides narcotics in a false compartment; as a result, the offense is punishable as either a misdemeanor or a felony. Overall an individual who breaches Health and Safety Code 11366.8(a) may get a maximum penalty of one year in the county jail. According to Health and Safety Code 11366.8(b), the following offenses may result in a sentence of incarceration in the county jail:
- 15 months
- two, three, or more years
Please be aware that a judge may impose criminal probation instead of jail time. This kind of probation is also referred to as "summary" or "informal" probation.
Similar Offenses
The hiding of drugs in a phony compartment is a criminal in three different ways. Which are: HSC 11351, HSC 11366, HSC 11379.
Possession of a controlled substance with intent to sell - HSC 11351
California Health and Safety Code 11351 HS forbids the possession of some illegal substances with the aim to resale them. These include illicit narcotics like cocaine, heroin, and LSD. HSC 11351 also provides coverage for widely use prescription drugs like codeine, hydrocodone (Vicodin), and oxycodone (Oxycontin).
Running a drug house: HSC 11366
Operating a drug house is against California Health & Safety Code 11366 HS. "Drug houses" are any establishments that specialize in the distribution or sale of unlawful controlled narcotics. In California, operating a drug house is a wobbler offense, which means it can result in either a misdemeanor or a felony prosecution.
Drug and narcotics manufacture - HSC 11379.6
Without a license, it is illegal to produce drugs, narcotics, or restricted substances, according to California Health and Safety Code 11379.6 HS. More particularly, it forbids production. As a result, a felony accusation will be brought for violating Health and Safety Code 11379.6.
Glendale Lawyer
If you or someone you know has been guilty of a felony under California Health and Safety Code 11366.8, we encourage you to contact our attorneys for a consultation. Please feel free to give our office a call at 310.943.1171.
Is it a Crime to Possess for Sale of Controlled Substance?
Yes, under Health and Safety Code 11351, it is considered a felony in the state of California to possess controlled substances with the intent to sell them.
What is Considered a Controlled Substance Under Health and Safety Code 11351?
For purposes of Health and Safety Code 11351, a controlled substance is any drug or chemical whose manufacturing, possession, and use are regulated by the government under the Controlled Substances Act.
What is the Controlled Substance Act?
The Controlled Substance Act is a federal statute that enables the federal government to regulate the manufacturing, importation, possession, use, and distribution of certain substances. Additionally, controlled substances are placed under one of five schedules under this act. The placement is based on the following:
- Substance’s medical use;
- Substance’s potential for abuse;
- Substance’s safety; and
- Substance’s dependence liability
What Are Examples of Controlled Substances for Purposes of Health and Safety Code 11351?
Controlled substances for purposes of Health and Safety Code 11351 include the following:
- Cocaine
- LSD
- Mushrooms
- Peyote
- Opium
- Codeine
- Hydro codeine
- Morphine
- Ecstasy
Keep in mind that possession of controlled substances such as marijuana and methamphetamine for purposes of sale are considered separate offenses not covered under Health and Safety Code 11351.
What is Considered "Possession" Under Health and Safety Code 11351?
For purposes of Health and Safety Code 11351, possession is established when an individual has direct and/or immediate control over the controlled substance. Typically, this is established when the individual possesses the controlled substance if they are carrying it on them. Possession can also be established if an individual has personal control over the substance such that the controlled substance was found near or around an area that the individual exercises control over, such as in the individual’s car or garage.
How is Intent to Sell Established Under Health and Safety Code 11351?
Under Health and Safety Code 11351, intent to sell can be established by showing the following:
- The amount of the controlled substance is greater than the amount one individual would typically use;
- The controlled substance has been found in separated baggies;
- The controlled substance was found near or next to a weighing mechanism such as a scale; or
- The location of the controlled substance is frequently visited by many individuals who temporarily come in and go out of the establishment
What are the Penalties Associated with Violating Health and Safety Code 11351?
As mentioned above, violating Health and Safety Code 11351 is considered a felony. Penalties include the following:
- Up to one year in county jail and probation; or
- Two, three, or four years in county jail; or
- Be placed on formal probation
- Pay fines of up to $20,000
Los Angeles Criminal Defense Attorney
If you or someone you know has been charged with Health and Safety Code 11351, we invite you contact KAASS LAW today at (310) 943-1171 to speak to our criminal defense attorney for a free consultation.
Proposition 64 has brought major changes in the state of California. However, it hasn't completely stopped all legal complexities, especially when it comes to driving. While anyone at the age of 21 and over can legally possess and use marijuana within certain limits, operating a vehicle while in possession of it still carries legal challenges. Understanding these layers of law is important for CA drivers so we may avoid any legal penalties. At KAASS LAW, we are committed to providing anything that requires clarifications on these evolving laws. Furthermore, we strive to protect your rights on the road.
Driving In Possession
Even if you're not actively under the influence while driving, just having it in your vehicle can lead to legal issues, given the circumstances. Here are a couple of violations worth mentioning:
- VCS 2322:CA has an "open container" law that applies just the same to the possession of marijuana. Furthermore, this means that any cannabis product within the passenger area inside a vehicle cannot open or unseal the container. If not, law enforcement can cite the open container violation against you.
- Health and Safety Code Section 11357: For individuals under 21, any possession of marijuana in a vehicle is generally illegal and can lead to citations and potential penalties, regardless of whether the container is open or sealed.
- Health and Safety Code Section 11359: If you are in possession of marijuana exceeding the legal limit of 28.5 grams or show signs of intent to sell (scale, baggies, etc) while in the vehicle, can lead to more serious charges
DUI
Driving under the influence is a serious charge. You can have a citation for an open container violation even if you're dead sober. However, if law enforcement suspects you are driving impaired, they will conduct a DUI search. These can be stressful and, if convicted or arrested, financially costly, in addition to wasting a lot of your time.
Can A Police Officer Search Inside Your Car?
A police officer can only search an individual's car if:
- The police officer has a valid search warrant that has been signed off by a presiding judge or
- The police officer is authorized to do so because a valid search warrant exception applies.
What Will Happen If A Police Officer Searches Your Car Unlawfully Inside Your Car?
Should a police officer do an unlawful search and then find marijuana inside the car, that marijuana, which is deemed to be evidence, can be excluded for purposes of the case. Additionally, the case may also be dropped as a result of an unlawful search.
Protecting Your Rights: What to Do If Stopped
If you are pulled over and questioned about marijuana in your vehicle, it's essential to remain calm and exercise your rights:
- Be Police: Keep your responses simple and respectful. Also, keep in mind that you do have the right to remain silent. As long as you instruct the police officer at the given time that you're invoking your 5th Amendment rights, this should be fine.
- Do Not Admit: Even if you believe you're at fault, if asked if you've used marijuana, politely decline to answer. Anything you say can be used against you.
- Do Not Consent to Searches: Unless they have a warrant or probable cause, you have the right to refuse a search of your vehicle. Clearly state that you do not consent.
- Note Details: If a search is conducted against your will, note the officer's name, badge number, or any details.
- Contact an Attorney Immediately: If you are in legal trouble for driving in possession of marijuana or DUI, contact KAASS LAW as soon as possible to understand your rights and legal options.
KAASS LAW: Your Advocate In Marijuana-Related Traffic Offenses
Navigating California's marijuana laws, especially in the context of driving, can be complex. If you're in a legal dilemma for driving in possession of marijuana or a marijuana DUI, it's crucial to have experienced legal representation on your side. At KAASS LAW, we have a thorough understanding of these laws and can provide you with a strong defense. We will:
- Analyze the Evidence: Carefully review the circumstances of your stop and arrest to identify any potential violations of your rights.
- Explore Legal Options: Our legal team can plan and strategize on mitigating the damages of the case, or potentially dropping the charges entirely. We can explore strategies and options on how we can approach with proper and careful planning.
- Protect Your Driving Privileges: Driving is extremely important. Allow us to secure your privileges and your right to travel.
- Provide Compassionate and Effective Representation: We can get it done, given the opportunity!
Contact Us
Don't think you can do this alone! Contact KAASS LAW today for a scheduled consultation service. Our office and its expert members can help and discuss your case so we may learn how we can help you navigate the legal complexities of driving in possession of marijuana in California.
