Drug Trafficking in a National Park – 21 U.S.C. § 41
If you engage in a drug transaction in a U.S. National Park, on federal property or across state or national borders, you can be prosecuted for the federal offense known as “drug trafficking.” How you are sentenced depends on the type and quantity of drugs you are suspected of trafficking. However, if you are arrested with very small quantities of drugs in your possession only, the drugs can be considered for personal use and prosecuted as “simple possession.” If you are being charged with drug trafficking in a national park, it is important to understand the law and consequences you will be facing.
Federal law distinguishes between simple drug possession and drug trafficking. This distinction is important because the punishment upon a conviction for drug trafficking is much more severe than a conviction for drug possession.
If you are currently facing charges for drug trafficking in a national park, you should speak to one of our attorneys experienced in federal drug crimes today. For over 40 years, the Southern California criminal defense attorneys at Wallin & Klarich have helped thousands of clients facing federal crimes, and we will be there for you.
U.S. Attorney General Eases Sentencing for Low-Level, Nonviolent Drug Offenders
U.S. Attorney General Eric Holder announced in September that he has directed federal prosecutors across the country to review and possibly refile charges in ongoing drug cases so that low-level, nonviolent offenders will not face severe mandatory sentences. However, the Attorney General’s policy will not apply to those already serving a prison sentence for a simple drug possession conviction.
How Can I be Prosecuted for Drug Trafficking under Federal Law?
To be convicted of drug trafficking pursuant to 21 U.S.C. § 841, a U.S. prosecutor must prove that you knowingly or intentionally:
- Manufactured, distributed, or dispensed a controlled substance; or
- Possessed with intent to manufacture, distribute, or dispense, a controlled substance.
If you are caught by law enforcement officers, such as Drug Enforcement Agency (DEA) agents with a predetermined amount of illegal drugs as discussed below, it is presumed that you intended to traffic these drugs and you will be prosecuted under federal law.
What Penalties do I Face if I am Convicted of Drug Trafficking in a National Park?
The sentencing and punishment upon a federal drug trafficking conviction will depend on the category (“schedule”) and amount of controlled substance(s) you were allegedly caught with. However, in any case, the consequences can be quite severe. Here are some of the federal sentencing guidelines for a conviction of drug trafficking:
Narcotics, Amphetamines and other “hard” drugs
- 5 to 40 years in federal prison for a first offense plus a $2 million fine.
- 10 years to life for a second offense plus a $4 million fine.
The above sentences apply to Schedule I and II drugs including, but not limited to:
- Heroin: 100 grams to less than 1 kilo
- Cocaine: 500 grams to less than 5000 grams
- Cocaine base (“crack”): 5 grams to less than 50 grams
- LSD: up to 10 grams
- PCP: 10 to less than 100 grams pure or 100 to less than 1000 grams mixture
- Methamphetamine: 5 to less than 50 grams pure or 50 to less than 500 grams mixture.
Generally, if you are convicted of trafficking more than the amount of drugs listed above, the sentence doubles as follows:
- 10 years to life, plus a $4 million fine for a first offense;
- 20 years to life in prison for a second offense, plus a fine of $8 million;
- A third conviction for trafficking cocaine or crack is punishable by life in prison.
Sentencing and Punishment for Marijuana Trafficking under Federal Law
Federal law defines “marijuana” as pot (buds), marijuana plants, hash and hashish oil. If you are convicted under 21 U.S.C. § 841 of knowingly or intentionally growing, distributing or dispensing marijuana, you can be punished as follows:
Less than 50 kilograms (“kilos”) of marijuana or up to 49 plants
- Up to 5 years in federal prison and a $250,000 fine for a first offense;
- Up to 10 years in prison and a $500,000 fine for a second offense.
50 to less than 100 kilos of marijuana or 50 to 99 plants
- Up to 10 years in federal prison and a $1 million fine for a first offense;
- Up to 20 years in prison and a $2 million fine for a second offense.
100 to less than 1000 kilos of marijuana or 100 to 999 plants
- A minimum of 5 and up to 40 years in federal prison and a $2 million fine for a first offense;
- 10 years to life in prison and a $4 million fine for a second offense.
1000 kilos or more or marijuana or 1000 or more plants
- 10 years to life in federal prison and a $4 million fine for a first offense.
- 20 years to life in prison and an $8 million fine for a second offense.
Federal law authorizes that if someone is injured or dies as a result of using the drug you were convicted of trafficking, you can be sentenced to a minimum of 20 years for a first offense and life in prison for a second offense. Because a drug trafficking conviction carries such potentially severe consequences, hiring an experienced criminal defense attorney from Wallin & Klarich to represent you is crucial to the success of your case.
Contact the Drug Crimes Attorneys at Wallin & Klarich
If you or someone you know has been accused of a federal drug crime, you need to contact the attorneys at Wallin & Klarich today. Hiring an experienced attorney from Wallin & Klarich could mean the difference between decades in prison and millions of dollars in fines and a reduction or dismissal of the charges against you. With offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, our attorneys are available wherever you happen to live. If your case goes to trial, we will employ every strategy available to help you win your case. Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free telephone consultation. We will get through this together.
