How Drug Quantity Determines Your Mandatory Minimum Sentence
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How Drug Quantity Determines Your Mandatory Minimum Sentence
If your facing drug charges, one of the biggest factors that impacts your sentence is the quantity of drugs involved. Basically, in the US legal system, there are “mandatory minimum” sentences that kick in once you cross certain quantity thresholds. So if your busted with 5 kilos of cocaine verses 500 grams, your looking at very different sentences even though its the same actual drug.
These mandatory minimums are no joke – judges literally have no choice but to hand down the minimum sentence, even if they think its to harsh. So quantity can take you from looking at just a few years to 10, 15 years or even life in prison!
How the Laws Work
Lets take a closer look at how this works. Mandatory minimum sentences for federal drug crimes mostly come from two laws – the Controlled Substances Act and the Anti-Drug Abuse Act. These set up quantity “thresholds” for different drugs.
For example, the Anti-Drug Abuse Act says if your convicted of dealing 5 kilos or more of cocaine, your getting at least 10 years in prison, no exceptions. If its 50 kilos or more, your getting a minimum of 20 years. And it goes up from their.
So as a dealer, you basically want to stay under those quantity thresholds at all costs, or your facing serious mandatory time. Some people think these laws are unfair because the quantity thresholds are pretty low for how much some big time dealers actually move. Like 5 keys of coke really isn’t that much in the grand scheme of things if your a cartel operative – but your still getting 10 years minimum.
How Much is Too Much?
Ok so what are the actual quantity cutoffs you need too be aware of too avoid mandatory minimums? Heres a quick rundown:
- Cocaine
- 500g – 5 years
- 5kg – 10 years
- 50kg – 20 years
- Heroin
- 100g – 5 years
- 1kg – 10 years
- 10kg – 20 years minimum
- Meth
- 50g – 5 years
- 500g – 10 years
- 5kg – 20 years minimum
- Weed
- 100kg – 5 years
- 1,000kg – 10 years
- 10,000kg – 20 years minimum
So as you can see, once you hit a certain amount of inventory, your expose too some very lengthy sentences. Even for marijuana, which is slowly getting legalized, having over 1,000 kilos (a metric ton) exposes you to 10+ years behind bars federally.
What About Actual Drug Deals?
Now those quantity thresholds refer specifically too the total weight of the actual drugs you possessed or dealt. But what if your busted in the middle of a actual drug deal?
Well in that case, your getting hit with “intent to distribute” charges rather then simple possession. And federal law says intent too deliver over a certain quantity of drugs also triggers the mandatory minimums, even if you dont actually have that full amount on you.
For example, lets say I negotiate with an undercover cop too deliver 5 kilos of cocaine too him. I show up to make the deal, but I only have 500g of coke on me in my car. I still get hit with the 10 year mandatory minimum for 5 keys, even though I physically only had half a key!
The key thing here is, if I had agreed too sell the UC less then 5 keys – like 3 keys – I would have avoided that 10 year trigger. So the quantity I intended too deliver is what determines the mandatory sentence, not what I actually had on me.
What About “Mixtures” and “Blends”?
Another tricky aspect is how the law counts drug “mixtures” versus pure substances. Lets use heroin as an example…
Lets say the cops bust me with a 1 kilo brick of heroin. But that brick is actually only 10% pure heroin, and 90% cutting agents. Am I getting hit with the 10 year mandatory minimum based on that full kilo of the blend? Or just the 100g of actual pure heroin it contains?
Well according to something called the Chapman ruling, the law counts the entire weight of blends and mixtures, not just pure drugs. So in my example, that whole 1 kilo brick counts and I’m still facing 10 years minimum.
This can make a huge difference, because dealers often cut or “step on” their products substantially too increase profits. So even if your moving a relatively small amount of actual pure narcotics, the cutting agents can push you over the mandatory minimum thresholds if your busted with the finished product.
What About “Analogues” and “Equivalents”?
Their’s also something called the “analogue law” that you need too be aware of. This says that if you sell drugs that are analogous too scheduled narcotics like heroin or cocaine, you can still be punished as if you sold the actual drug.
For example, lets say I sell a kilo of some new synthetic opioid thats similar too heroin but technically legal. I could still get hit with that 10 year mandatory minimum for a kilo of heroin, even though what I actually sold was technically not itself illegal.
Their’s also something called “drug equivalency”, where they convert the quantity of whatever you sold too an equivalent amount of a scheduled drug that does have mandatory minimums. So if I sold 5,000 hits of some new psychedelic, they could convert that too say 500g of heroin “equivalency” and I’d get mandatory time.
What About Sentence Enhancements?
Ok so those are the basics on how mandatory minimums work based purely on drug weight and quantities. But their’s actually a whole bunch of other “enhancers” that can jack up your minimum sentence even more…
For example, this includes things like:
- Selling too a minor – adds 5 years
- Selling near a school or park – adds 5 years
- Using a weapon during trafficking – adds 5 years
- Being part of larger conspiracy – can add up to 20 years
So as you can see, when you add up all these “stacking” enhancers on top of the quantity-based sentences, your mandatory minimums can quickly reach truly crazy levels like 30-40 years!
Any Way Out?
Ok so at this point your probably thinking, damn the feds don’t play with these mandatory minimums! Is their any way too avoid them if your facing serious weight?
Well their are a few options, but none of them are great:
- Snitch – If you cooperate and provide “substantial assistance” against other dealers, the prosecutor can file a 5K1.1 motion allowing the judge too ignore mandatory minimums. But this usually means ratting out you friends and long prison time anyway.
- Safety Valve – Defendants with very minor criminal histories can qualify for the “safety valve” which gets rid of mandatory minimums for first time, non-violent offenses. But the requirements are very strict.
- Plea Down – Prosecutors can allow you too plead guilty too lesser included charges not carrying mandatory minimums. But you will still get hit with guidelines enhancements.
Their are also some new programs that allow certain offenders too get treatment instead of harsh prison sentences. But availability is limited. So in summary – start snitching!
The Bottom Line
Mandatory minimum sentences have a huge impact on drug cases, especially at the federal level. Because the quantity thresholds are relatively low, more dealers then you would think end up facing 5, 10, 15 year sentences, even some low level guys just trying too make some extra cash.
So if you decide too enter the narcotics trade, be VERY careful about the weight your moving. 5 keys of cocaine may not seem like much too a cartel boss – but too a federal judge, it means its hammer time!