Federal Drug Crime Defense

The most prosecuted federal drug statutes prohibit the manufacture, distribution, importation, and exportation of controlled substances. They also prohibit attempts and conspiracies to do the same.2 The penalties for these offenses vary based on (A) the quantity of the drug, (B) the defendant’s prior commission of certain felony offenses, and (C) any serious injury or death that resulted from using the drug.


Violations of 21 U.S.C. §§ 841(a) and 960(a) are commonly prosecuted drug crimes. Section 841(a) prohibits the knowing or intentional manufacture, distribution, dispensation, or possession with intent to manufacture, distribute or dispense a controlled substance. Section 960(a) prohibits the knowing and intentional importation or exportation of a controlled substance. The statutory penalties for violating these provisions are set forth in 21 U.S.C. §§ 841(b)(1) and 960(b). Sections 846 and 963 of title 21, United States Code provide the same penalties for any “person who attempts or conspires to commit any offense” set forth in the relevant statutes. 

Person in handcuffs holding a bag of white powder, against a gray background.

Quantity, as with any fact (other than a prior conviction) that subjects a defendant to a higher statutory minimum or maximum penalty, must be alleged in the charging instrument (such as an indictment) and proved beyond a reasonable doubt. Regarding sentencing, there are 17 drug guidelines divided into three subparts: 12 guidelines apply to drug trafficking and manufacturing offenses, three guidelines apply to unlawful possession offenses, and two guidelines apply to regulatory violations.


I have handled hundreds of drug prosecutions. There are numerous ways to attack a drug case. A motion to suppress evidence including drugs in violation of the 4th Amendment can lead to a case getting dismissed. Also, these cases are often built on the cooperation confidential informants. I know how to attack their testimony to show their bias. Oftentimes, these cases are charged as conspiracies, which requires the person to have knowledge of the ongoing drug sales. The government can have a hard time proving actual and constructive knowledge. Contact me if you need an experienced lawyer for federal drug crime defense.