Drug Trafficking Lawyer in Seattle

Federal Drug Trafficking Penalties

According to federal law, the penalties for drug trafficking may be imposed as follows:

1. Drug Type and Weight: (i) Fentanyl Analogue (Schedule I): less than 100 g; (ii) Heroin (Schedule I): less than 1 kg; (iii) LSD (Schedule I): less than 10 g; (iv) Cocaine (Schedule II): less than 5 kg; (v) Cocaine Base (Schedule II): less than 280 g; (vi) Methamphetamine (Schedule II): less than 50 g pure, or less than 500 g; (vii) PCP (Schedule II): less than 100 g pure, or less than 1 kg; and (viii) Fentanyl (Schedule IV): less than 400 g.
   1. Penalty for First Offense: 5 to 40 years in prison; 20 years to life in prison if the offense involves death or serious bodily injury; a maximum fine of $5 million if the offender is an individual; a maximum fine of $25 million if the offender is not an individual.
   2. Penalty for Second Offense: 10 years to life in prison; life in prison if the offense involves death or serious bodily injury; a maximum fine of $8 million if the offender is an individual; a maximum fine of $50 million if the offender is not an individual.
2. Drug Type and Weight: (i) Fentanyl Analogue (Schedule I): 100 g or more; (ii) Heroin (Schedule I): 1 kg or more; (iii) LSD (Schedule I): 10 g or more; (iv) Cocaine (Schedule II): 5 kg or more; (v) Cocaine Base (Schedule II): 280 g or more; (vi) Methamphetamine (Schedule II): 50 g or more pure, or 500 g or more; (vii) PCP (Schedule II): 100 g or more pure, or 1 kg or more; and (viii) Fentanyl (Schedule IV): 400 g or more.
   1. Penalty for First Offense: 10 years to life in prison; 20 years to life in prison if the offense involves death or serious bodily injury; a maximum fine of $10 million if the offender is an individual; a maximum fine of $50 million if the offender is not an individual.
   2. Penalty for Second Offense: 20 years to life in prison; life in prison if the offense involves death or serious bodily injury; a maximum fine of $20 million if the offender is an individual; a maximum fine of $75 million if the offender is not an individual.
   3. Penalty if 2 or more Priors: life in prison; a maximum fine of $20 million if the offender is an individual; a maximum fine of $75 million if the offender is not an individual.
3. Drug Type and Weight: (i) any amount of other Schedule I and II substances; (ii) anything containing Gamma Hydroxybutyric Acid; and (iii) 1 g of Flunitrazepam.
   1. Penalty for First Offense: a maximum of 20 years in prison; 20 years to life in prison if the offense involves death or serious bodily injury; a maximum fine of $1 million if the offender is an individual; a maximum fine of $5 million if the offender is not an individual.
   2. Penalty for Second Offense: a maximum of 30 years in prison; life in prison if the offense involves death or serious bodily injury; a maximum fine of $2 million if the offender is an individual; a maximum fine of $10 million if the offender is not an individual.
4. Drug Type and Weight: any amount of other Schedule III drugs.
   1. Penalty for First Offense: a maximum of 10 years in prison; a maximum of 15 years if the offense involves death or serious bodily injury; a maximum fine of $500,000 if the offender is an individual; a maximum fine of $2.5 million if the offender is not an individual.
   2. Penalty for Second Offense: a maximum of 20 years in prison; a maximum of 30 prison if the offense involves death or serious bodily injury; a maximum fine of $1 million if the offender is an individual; a maximum fine of $5 million if the offender is not an individual.
5. Drug Type and Weight: any amount of other Schedule IV drugs.
   1. Penalty for First Offense: a maximum of 5 years in prison; a maximum fine of $250,000 if the offender is an individual; a maximum fine of $1 million if the offender is not an individual.
   2. Penalty for Second Offense: a maximum of 10 years in prison; a maximum fine of $500,000 if the offender is an individual; a maximum fine of $2 million if the offender is not an individual.
6. Drug Type and Weight: any amount of other Schedule V drugs.
   1. Penalty for First Offense: a maximum of 1 year in prison; a maximum fine of $100,000 if the offender is an individual; a maximum fine of $250,000 if the offender is not an individual.
   2. Penalty for Second Offense: a maximum of 4 years in prison; a maximum fine of $200,000 if the offender is an individual; a maximum fine of $500,000 if the offender is not an individual.

If you are facing a drug trafficking investigation or charge, call (888) 478-4001 to discuss your case with an experienced Washington drug trafficking defense attorney.

Defending a Drug Trafficking Charge

There are few ways to defend a drug trafficking charge. Since the offense requires knowledge of the possession or delivery, one defense strategy might be to argue that you were not aware that you were in possession of, in control of, or delivering controlled substances. Another defense might be to argue that you were not in possession of, in control of, or delivering the amount required for a drug trafficking charge under the circumstances. Yet another defense strategy is to challenge the evidence gathered against you, how it was collected during the arrest, and any possible constitutional violations. Evidence that was seized during an illegal arrest can be suppressed, which means that the prosecuting attorney cannot use it.

Frequently Asked Questions

What is the difference between drug trafficking and drug possession?

Drug trafficking generally involves manufacturing, possessing, or delivering controlled substances in quantities that can result in more serious charges. The weight and type of controlled substance can play an important role in determining the severity of the charge. Drug possession may involve different circumstances and penalties depending on the substance and applicable law.

Does the amount of drugs affect a trafficking charge?

Yes. The quantity of a controlled substance can be an important factor in a drug trafficking case. Washington and federal laws establish different penalties based on the type and weight of the drug involved. Other circumstances surrounding the alleged offense may also affect the potential consequences.

Can drug trafficking charges be brought under Washington state law?

Yes. Washington law provides criminal penalties for the manufacturing, possession, or delivery of certain controlled substances. Depending on the drug and circumstances, an offense may be classified as a Class B or Class C felony, with potential imprisonment and fines.

Can drug trafficking charges be prosecuted federally?

Yes. Drug trafficking offenses may result in federal prosecution, and federal penalties can be severe. Potential consequences depend on factors including the type and quantity of controlled substance, prior offenses, and whether the alleged conduct involved death or serious bodily injury.

What factors can affect drug trafficking penalties?

Several factors may affect the potential penalties for a drug trafficking conviction, including the type and weight of the controlled substance, the defendant's criminal history, and whether the case involves allegations such as conspiracy, money laundering, or racketeering.

What are the penalties for a Washington drug trafficking conviction?

Under the laws described on this page, certain Schedule I and II controlled substances classified as narcotics, flunitrazepam, or amphetamine may result in a Class B felony charge punishable by up to 10 years in prison, a fine, or both. Other covered controlled substances may constitute a Class C felony punishable by up to five years in prison, a maximum fine of $10,000, or both.

What are the federal penalties for a first drug trafficking offense?

Federal penalties vary substantially based on the drug and quantity involved. Certain offenses can carry five to 40 years in prison, while offenses involving specified larger quantities can carry 10 years to life. Some circumstances involving death or serious bodily injury can result in even more severe penalties.

Can prior convictions increase drug trafficking penalties?

Yes. Prior offenses can affect the potential penalties for a federal drug conviction. Depending on the drug and quantity involved, a second offense or multiple prior offenses can result in substantially increased prison sentences and fines.

What defenses may be available against a drug trafficking charge?

Potential defense strategies depend on the facts and evidence in the case. Issues may include whether the defendant knowingly possessed, controlled, or delivered the controlled substance, whether the amount alleged meets the applicable threshold, and whether the evidence was obtained lawfully.

Can evidence be suppressed in a drug trafficking case?

Potentially. If evidence was obtained through an illegal arrest or in violation of constitutional protections, a defense attorney may challenge its admissibility. If evidence is suppressed, the prosecution may be prevented from using that evidence against the defendant.

Drug Trafficking Defense Attorney in Washington State

If you are facing a drug trafficking charge, you do not have to face the legal process alone. Our team is committed to fighting to protect your rights and providing aggressive legal representation backed by 40 years of combined experience. Contact us today to discuss your case and learn how we can help protect your interests.

Fill out the contact form or call us at (888) 478-4001 to schedule your initial consultation.