Federal Drug Charges in Arizona

federal drug enforcement at us border

Dealing with federal drug charges can significantly impact your life, with severe penalties and long-term consequences.

 

Whether it involves drug crimes related to the distribution of illegal or controlled substances, the stakes are high.

 

Federal drug charges often come with mandatory minimum sentences.

According to the United States Sentencing Commission's 2023 Annual Report, federal drug convictions frequently involve methamphetamine, accounting for nearly 46% of all drug convictions. (United States Sentencing Commission)​​ (TRAC)​.

federal drug charges being investigated by fbi agent

How Do Federal Drug Charges Differ From State Level?

Federal drug charges typically involve violations of the Controlled Substances Act and are prosecuted by federal agencies such as the Drug Enforcement Administration (DEA) and the Federal Bureau of Investigation (FBI).

 

Unlike state-level charges, federal cases often involve larger quantities of drugs, cross-state trafficking, or connections to organized crime.

 

Federal prosecutors tend to pursue these cases aggressively, seeking substantial penalties, including lengthy prison sentences and hefty fines.

What is the Controlled Substances Act?

The Controlled Substances Act (CSA), enacted in 1970, is a federal statute that regulates the manufacture, importation, possession, use, and distribution of certain substances. 

 

Scheduling of Substances

 

  • Schedule I: High potential for abuse, no accepted medical use (e.g., heroin, LSD)
  • Schedule II: High potential for abuse, some accepted medical uses with severe restrictions (e.g., cocaine, methamphetamine, oxycodone)
  • Schedule III: Moderate to low potential for abuse, accepted medical uses (e.g., anabolic steroids, ketamine)
  • Schedule IV: Low potential for abuse, accepted medical uses (e.g., Xanax, Valium)
  • Schedule V: Lowest potential for abuse, accepted medical uses (e.g., cough preparations with less than 200 milligrams of codeine per 100 milliliters)
federal drug trafficking

What is Federal Drug Trafficking?

Federal drug trafficking involves the illegal production, distribution, and sale of controlled substances across state or national borders.

 

Federal drug trafficking laws apply to a wide range of activities, from small-scale operations to extensive networks that span multiple states or countries. The scope of these laws ensures that individuals involved at any level of the drug trade, from production to final sale, can be prosecuted.

 

The severity of trafficking charges often correlates with the type and amount of the controlled substance. For instance, trafficking large quantities of highly addictive substances like fentanyl or heroin typically results in more severe penalties.

 

Role of Interstate or International Operations

 

Federal jurisdiction over drug trafficking is often invoked when the illegal activities cross state lines or international borders. This includes:

  • Interstate Trafficking: Involves the movement of drugs from one state to another. For example, transporting methamphetamine from Arizona to California would constitute interstate trafficking.
  • International Trafficking: Involves the importation or exportation of controlled substances across U.S. borders. This includes smuggling drugs from Mexico into Arizona.

 

Key Federal Statutes

 

Several federal statutes govern drug trafficking offenses, with the Controlled Substances Act (CSA) being the primary framework. Key provisions include:

  • 21 U.S.C. § 841: Prohibits the manufacture, distribution, or dispensing of controlled substances.
  • 21 U.S.C. § 952: Regulates the importation and exportation of controlled substances.
  • 21 U.S.C. § 960: Specifies penalties for the importation or exportation of controlled substances.

These statutes outline the legal definitions, prohibited activities, and penalties associated with drug trafficking.

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What are Other Federal Drug Charges in Arizona?

In addition to drug trafficking, several other federal drug charges can be prosecuted. 

  • Possession with Intent to Distribute

    • Possession with intent to distribute involves holding a controlled substance with the plan to sell or distribute it. This charge is distinct from simple possession due to the presumed intention to engage in drug trafficking activities.

  • Manufacturing and Cultivation

    • Manufacturing and cultivation charges relate to the production of controlled substances. This includes operating clandestine drug labs, growing marijuana, or producing synthetic drugs. Such activities are heavily regulated and illegal without proper authorization.

  • Conspiracy

    • Conspiracy charges involve an agreement between two or more parties to commit a drug-related offense. This can include planning to traffic, distribute, or manufacture controlled substances. Even if the planned crime is not completed, the mere agreement to participate can result in federal charges.

  • Importation of Controlled Substances

    • Importation charges address the illegal smuggling of controlled substances into the United States. This includes drugs brought into the country via land, sea, or air.

  • Distribution of Analog Substances

    • The distribution of analog substances pertains to substances that are chemically similar to controlled drugs and intended for human consumption. Under the Federal Analogue Act, these substances are treated as controlled substances if they have similar effects and potential for abuse.

What are the Penalties for a Federal Drug Conviction

Federal drug trafficking charges carry some of the most severe penalties within the criminal justice system. Mandatory minimum sentences for trafficking can start at five years and escalate to ten years or more, depending on the quantity and type of controlled substance involved.

 

In cases involving large quantities of highly addictive drugs like cocaine, heroin, or methamphetamine, individuals may face potential maximum sentences of life imprisonment.

 

Additionally, substantial fines, often reaching millions of dollars, are imposed to deter and punish such activities. Asset forfeiture laws enable the government to seize property and assets linked to the drug trafficking operations, further compounding the financial repercussions.

 

Beyond imprisonment and fines, those convicted also endure long-term consequences, such as loss of professional licenses, difficulty in securing employment, loss of voting rights, and ineligibility for federal benefits. 

 

 

Federal Drug Charge Mandatory Minimum Sentence Potential Maximum Sentence
Possession with Intent to Distribute 5 years 40 years to life (depending on quantity and type of drug)
Manufacturing and Cultivation 5 years 40 years to life (depending on quantity and type of drug)
Conspiracy 5 years 40 years to life (depending on quantity and type of drug)
Importation of Controlled Substances 10 years Life imprisonment
Distribution of Analog Substances 5 years 20 years to life (depending on type of drug)

 

Contact a Federal Defense Attorney

Facing federal drug charges demands a defense attorney with unparalleled expertise and insight into the prosecution's strategies. Josh Kolsrud, founder of Kolsrud Law Offices, is exceptionally qualified to provide representation.

 

With over 3,500 cases and more than 100 jury trials under his belt, Josh’s prosecutorial experience is extensive.

 

Josh further distinguished himself by working closely with federal agencies on complex criminal cases, including drug trafficking. This role provided him with a deep understanding of federal prosecution tactics. Now, as a defense attorney, Josh leverages this insider knowledge to develop strong defense strategies, making him a formidable advocate for those facing federal drug charges. 

 

Contact Josh Kolsrud at Kolsrud Law Offices at (602) 638-3790 for personalized legal assistance.

An award-winning criminal defense attorney Since 2006

Why Choose Josh Kolsrud

With over 100 trials to his name, and years of experience as a state and federal prosecutor, Josh understands the law, the legal process, and your rights. Josh is also committed to representing every client with utmost integrity and dedication

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Experience

Josh has prosecuted major crimes on the state and federal level, led a successful anti-human sex trafficking operation that saved lives, and argued before countless juries and justices for his clients

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Expertise

Josh is an expert in both Arizona and federal criminal law, and is ready to put that expertise to work for you.

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Dedication

As a prosecutor, Josh saw far too many defendants lose their livelihood due to poor representation. Josh will always give every client his complete attention and effort

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