Drug Trafficking at the State and Federal Level

 Posted on November 24, 2017 in Drug Charges

Drug trafficking (i.e. distributing or selling a controlled substance) is illegal under both state and federal law and while the legal ramifications of federal drug convictions tend to be considered much steeper than state level drug convictions, it is important to note that this is not always the case.

If you or a loved one has been accused of illegally trafficking drugs at either the state or federal level, it is important to understand that this is a serious accusation for whichyour or your loved onemay face significant jail time.

Federal Law

Per 21 U.S. Code § 841, it is illegal under federal law, in most circumstances, to manufacture, dispense, or distribute a qualifying controlled substance, or possess such a substance with the intent to distribute, manufacture, or dispense it. Also, take note that the legal ramifications of drug trafficking under federal law vary significantly depending on which schedule the trafficked substance is classified under.

To get a feel for the types of prison sentences that a convicted drug trafficker could face under federal law, let us consider a penalty commonly associated with trafficking heroin. Under federal law, an offenderwho is caught with 100 grams or more of heroin can be sentenced to serve 5 to 40 years in prison for an ordinary offense. However, a more serious penalty can be levied if the offender has one or more prior felony convictions.

Illinois State Law

Illinois’ main anti-drug trafficking law is contained in code section 720 ILCS 570/401 which, in a nutshell, makes it illegal for any person to knowingly deliver or manufacturer a qualifying controlled substance, or possess such a substance with the intent to deliver it or manufacture more of it. The penalty for violating this code section vary from case to case as an offender’s sentence is primarily determined based upon which controlled substance the offender was convicted of trafficking and on how much of the drug the offender was caught with.

For example, if an offender is convicted of trafficking heroin in Illinois andhe or she wascaught with 15 to 99 grams of the drug, then he or she is guilty of a Class X felony and can be sentenced to serve six to 30 years in prison. However, if the same offender was caught with 100 grams or more of heroin, then he or she can be ordered to serve 9 to 40 years in prison.

Let Us Assist You Today

As you can see, the legal ramifications of trafficking drugs can be quite steep at both the state and federal level and varies significantly depending on the type and quantity of the substance trafficked. This area of the law can be quite complex, but an experienced Rolling Meadows drug crime lawyer will be able to evaluate any trafficking charges pending against you and explain in detail the legal ramifications that an ensuing conviction may carry. However, it is important to remember that just because you have been charged with a drug crime does not mean that you will necessarily be convicted. No matter how bleak your case may appear, be sure to consult with a local criminal defense attorney without delay in order to best protect your legal rights. If you are facing a drug charge in Illinois, contact The Law Offices of Christopher M. Cosley today for help.

Source:

https://www.law.cornell.edu/uscode/text/21/841