Drug trafficking is considered a very serious offense and incurs stricter penalties compared to drug possession. This crime is illegal under both federal and state legislation, and typically, it is prosecuted at the federal level when the accused is involved in transporting drugs across state boundaries.
By Brad Nakase, Attorney
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Drug trafficking, also known as drug distribution involves the selling, transportation or importation of controlled substances such, as heroin, cocaine, marijuana and other prohibited drugs. It also encompasses the distribution of prescription drugs, which has become a growing concern in years. According to the Department of Justice 20% of all drug related arrests are related to the sale and production of drugs. If you or someone you love is charged with a drug charge, please contact a San Diego drug possession lawyer in California for an aggressive defense to drug charges.
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While there are similarities between drug trafficking and drug possession. Such as the need for the person to knowingly possess a substance. Drug trafficking entails complexities. A person cannot be charged with drug trafficking if they are unaware that they possess the substance or if they mistakenly believe it is legal. Apart from possession proving drug trafficking involves demonstrating the perpetrators involvement in selling, transporting or importing drugs or their intent to distribute them. These requirements elevate the crime to a felony offense.
Distinguishing between possession and trafficking can be. Often requires evidence to establish an intention for commercial distribution. Such evidence may include items like weighing scales, plastic baggies or business cards discovered during an arrest. Additionally large amounts of cash or business records related to drug transactions can also contribute to building a case, against someone involved in drug trafficking.
Testimonies, from people who have had interactions with the defendant involved in buying or selling drugs can also play a role.
The penalties for drug trafficking are more severe compared to those for possession due to the nature of the offense. Both federal and state laws criminalize this activity and federal charges are often filed in cases involving the transportation of drugs across state lines. The severity of the penalties depends on the scale of the operation and the type of drug involved. For instance trafficking marijuana may result in imprisonment ranging from 3 to 10 years along with fines while trafficking dangerous substances like heroin could lead to up to 25 years behind bars and larger fines. In circumstances, such as drug sales within school zones enhanced penalties can be imposed.
Federal and state agencies frequently collaborate in investigations related to drug trafficking with federal charges being preferred for cases involving activities. Regardless of jurisdiction both state and federal court systems impose consequences.
A conviction for drug trafficking can have consequences, particularly when it involves operations. This may include forfeiture of assets linked to drug related activities such, as bank accounts, vehicles or properties used during the commission of the crime. Asset seizure is common when sentences exceed one year. Moreover drug trafficking classified as a felony can lead to immigration repercussions, such, as the possibility of being deported once the prison term is completed.
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