When times are tough, it can be very tempting to make some extra money by transporting drugs across town or across the country. The people who try and recruit drivers always make it sound so easy – and virtually risk-free. It isn’t risk-free of course, but the money can be enticing. Before you find yourself contemplating just such an offer, make sure you know what you could be facing if you are caught. A Nebraska I-80 drug stop lawyer explains how long you could go to jail for if convicted of trafficking drugs.
State vs. Federal Trafficking
In the U.S. we have what is referred to as a federalist form of government, meaning we have a central government (U.S. federal government) but we also have a number of smaller semi-autonomous governments as well (the individual state governments). Consequently, both the federal government and each individual state government has the ability to make and enforce laws. It also means we have two separate criminal court systems. Drug-related crimes, therefore, can be investigated and prosecuted in either state court or in federal court, or in some cases in both courts – although federal law enforcement agencies typically only investigate large trafficking operations.
Nebraska Trafficking Laws
If you are charged at the state level it will likely be Nebraska Revised Statute 28-416 that governs the offense. That statute reads, in pertinent part. as follows:
“Except as authorized by the Uniform Controlled Substances Act, it shall be unlawful for any person knowingly or intentionally: (a) To manufacture, distribute, deliver, dispense, or possess with intent to manufacture, distribute, deliver, or dispense a controlled substance; or (b) to create, distribute, or possess with intent to distribute a counterfeit controlled substance.”
Note that the statute deoes not specifically mention “trafficking.” That doesn’t mean it is legal. It simply means that “trafficking” is a term that refers to transporting drugs across borders, meaning that only federal law enforcement authorities can actually investigate and prosecute a suspect for trafficking. You can, however, be charged with distributing and/or delivering a controlled substance in state court.
The potential punishment for distributing or delivering a controlled substance in Nebraska depends on the quantity of drugs involved, ranging from 3-50 years for a Class ID felony conviction to life in prison for conviction of a Class IB felony.
Federal Trafficking Penalties
If you are charged with trafficking in federal court, a conviction will likely mean you are facing a lengthy prison sentence. At the federal level, the potential punishment you face depends on three primary factors: the type of controlled substance involved; the quantity of controlled substance involved; and whether you have a previous conviction or not. To give you a frame of reference, however, imagine that you are convicted of trafficking the following type and among of a controlled substance:
- Cocaine (Schedule II): 500-4999 g mixture
- Cocaine Base (Schedule II): 28-279 g mixture
- Fentanyl (Schedule IV): 40-399 g mixture
- Fentanyl Analogue (Schedule I): 10-99 g mixture
- Heroin (Schedule I): 100-999 g mixture
- LSD (Schedule I): 1-9 g mixture
- Methamphetamine (Schedule II): 5-49 g pure or 50-499 g mixture
- PCP (Schedule II): 10-99 g pure or 100-999 gm mixture
You would face the following punishment:
First Offense — not less than 5 years, and not more than 40 years. If death or serious injury, not less than 20 years or more than life. Fine of not more than $5 million if an individual, $25 million if not an individual.
Second Offense – not less than 10 years, and not more than life. If death or serious injury, life imprisonment. Fine of not more than $8 million if an individual, $50 million if not an individual.
By comparison, if you are charged and convicted with any of the following types and quantities of a controlled substance:
- Cocaine (Schedule II): 5 kgs or more mixture
- Cocaine Base (Schedule II): 280 g or more mixture
- Fentanyl (Schedule IV): 400 g or more mixture
- Fentanyl Analogue (Schedule I): 100 g or more mixture
- Heroin (Schedule I): 1 kg or more mixture
- LSD (Schedule I): 10 g or more mixture
- Methamphetamine (Schedule II): 50 g more pure or 500 g or more mixture
- PCP (Schedule II): 100 g or more pure or 1 kg or more mixture
The potential punishment you face will be:
First Offense — not less than 10 years, and not more than life. If death or serious injury, not less than 20 years, or more than life. Fine of not more than $10 million if an individual, $50 million if not an individual
Second Offense — not less than 20 years, and not more than life. If death or serious injury, life imprisonment. Fine of not more than $20 million if an individual, $75 million if not an individual.
2 or More Prior Offenses — life imprisonment. Fine of not more than $20 million if an individual, $75 million if not an individual.
Contact an I-80 Drug Stop Lawyer at Petersen Law Office
If you have been charged with trafficking of a controlled substance by the State of Nebraska or the United States, consult with an experienced Nebraska I-80 drug lawyer at Petersen Law Office as soon as possible to discuss your legal options. In Nebraska contact Petersen Criminal Defense Law 24 hours a day at 402-509-8070 to discuss your case.
Attorney Petersen was invited to join the National Advocacy for DUI Defense (NAFDD) organization in 2013. NAFDD vets thousands of lawyers and only chooses those who have achieved stellar results in DUI defense cases. Attorney Petersen was named one of the Top 50 defense attorneys in Nebraska out of more than 5,000.
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