Yes. 21 USC § 841 generally criminalizes the manufacture, distribution, dispensing, or possessing with the intent to sell, any controlled substance. The seriousness depends on several factors including if you have any criminal history, if a weapon was used, if anyone was injured, and how much and what type of drug was involved. However, even [...]

Possibly. The federal sentencing guidelines, which influence sentences, have over fifteen (15) categories of drug sale categories based on what drug and how much of it is sold. Near the lower end of the punishment category includes marijuana (1 kilogram, or 20 grams if its hashish oil). The minimum amounts of heroin and cocaine are [...]

While there are many factors that will go into the final determination, there are mandatory minimum sentences that apply in some circumstances where drugs are sold. There is a mandatory five (5) year minimum sentence and a maximum forty (40) year sentence if you sell any of the following: Cocaine (500-4999 grams) Cocaine Base (28-279 [...]

Not necessarily. The “No Excessive Fines” clause of the Eighth (8th) Amendment does prevent the government from requiring asset forfeiture that is “grossly disproportional to the gravity of the offense”. What that means is the amount they can require forfeited must be tied to the allegations against you. As an example, if the government believes [...]

Whereas state cases may include one or two controlled sales to a confidential informant, federal cases tend to be very detailed and involved. Often, they will involve extensive wiretapping, where federal agents listen in on conversations and try to record the setting up of a drug sale or transaction. Because the federal government also has [...]

Yes. Because both the state and federal governments are separate sovereigns, you may be charged by each, as well as ultimately convicted and sentenced by both. This has nothing to do with “double jeopardy”. However, this situation is unlikely. Usually, the federal government prosecutes cases of high-volume drug sales, whereas the state handles the local [...]

Because federal cases tend to involve higher amounts of drugs, and longer sentences, it is usually better to avoid federal prosecution, if possible. Also, state prison sentences for drugs tend to have more programs available that allow for training and early release.  It is also better to be charged or have your case resolved in [...]

Yes, however, this requires cooperation.  A cooperating witness with the government can receive a downward departure from the mandatory minimum sentence.  If the government makes a “5k downward departure motion”, a judge is not bound by the mandatory minimum sentence.  Downward departure motions are made under seal so that they are not available to the [...]

The Safety valve exception allows an additional two-point guideline reduction if you: Do not have more than 1 criminal history point. There was no violence or allegations of a gun. No one was injured. You were not an organizer or leader of the offense. You have provided a truthful debriefing of your conduct. If this [...]