According to U.S.C. § 924:
(2) For purposes of this subsection, the term “drug trafficking crime” means any felony punishable under the Controlled Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title 46.
The trafficking of illegal controlled substances can be charged as a state or federal offense. The California Health and Safety Code, as well as the United States Code, have laws against transporting drugs to different jurisdictions or in and out of the country. If you were arrested for this drug offense, you may be under investigation by a state agency or by the U.S. Drug Enforcement Administration (DEA). You’re up against strong forces, so you need to make sure you have an equally strong defense. This is why you should call Okabe & Haushalter.
According to California Health and Safety Code § 11352:
(a) Every person who transports, imports into this state, sells, furnishes, administers, or gives away, or offers to transport, import into this state, sell, furnish, administer, or give away, or attempts to import into this state or transport (1) any controlled substance …or (2) any controlled substance classified in Schedule III, IV, or V which is a narcotic drug, unless upon the written prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in this state, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for three, four, or five years.
(b) Notwithstanding the penalty provisions of subdivision (a), any person who transports for sale any controlled substances specified in subdivision (a) within this state from one county to another noncontiguous county shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for three, six, or nine years.
The U.S. DEA provides the federal trafficking penalties for Schedules I through V drug trafficking offenses with the exclusion of marijuana offenses.
Trafficking cocaine (Schedule II drug) in any amount from 500-4999 grams, on first offense, is 4 to 50 years’ imprisonment. The fine cannot exceed $5 million for individuals and cannot exceed $25 million for multiple offenders. Second offense for this amount is 10 years to life imprisonment and fines that cannot exceed $8 million for individuals and $50 million for multiple offenders.
Trafficking 5 kilograms or more of cocaine, on first offense, is punishable by 10 years to life imprisonment. Fine is $10 million maximum for individuals and $50 million for multiple offenders. Second offense for this amount will warrant 20 years to life imprisonment and a fine of $20 million maximum for an individual and $7 million maximum for multiple offenders.
Trafficking heroin (Schedule I drug) in any amount from 100-999 grams on a first offense has the same penalties as a first offense for cocaine trafficking (500-4999 grams). The second offense penalties correspond with the penalties for a second cocaine trafficking offense.
Trafficking 1 kilogram or more of heroin, on a first offense, carries the same penalties as a first offense for 5+ kilograms of cocaine. A second offense for this amount of heroin also corresponds to the second offense penalties for 5+ kilograms of cocaine. For a third or subsequent trafficking conviction of this nature, the penalty is life imprisonment.
Our San Francisco drug crime attorneys are equipped with the knowledge of various legal defenses against trafficking and related offenses. One possible defense is claiming that there were an illegal search and seizure. If we can prove this, then there was a violation of your fourth amendment rights, and your case may have little evidence left to stand on to warrant a conviction. Your charges may have even resulted from police entrapment. Although entrapment is illegal, the line is often blurred between actual entrapment and good police investigation. The legal defense will differ depending on each particular case. To learn what legal defenses you might be entitled to, do not hesitate to contact our San Francisco drug trafficking lawyers!