Memphis Drug Trafficking Lawyer

What Is Drug Trafficking?

Drug trafficking is the illegal transportation of drugs across state lines, either by plane, train, automobile, or boat. Trafficking is a serious federal offense and is punishable by lengthy prison sentences, fines, and the forfeiture of all property. In addition to the federal penalties, trafficking can also lead to state charges and even more severe penalties.

If you have been arrested for drug trafficking, you need to contact an experienced Memphis drug trafficking lawyer from Francavilla Law Firm as soon as possible. Our firm can help you fight the charges against you and protect your rights.

Schedule your free initial consultation by calling (901) 979-9992 or filling out our online form.

What Is the Punishment for Drug Trafficking?

Drug trafficking charges can be brought under either federal or state law. The penalties for the trafficking of Schedule I drugs, including heroin, cocaine, and methamphetamine, are the harshest. These penalties are set forth in federal statutes, and they include:

• First-time offense — not less than 5 years and not more than 20 years in prison and a fine of not less than $250,000;
• Second-time offense — not less than 10 years and not more than life in prison and a fine of not less than $500,000;
• Third-time offense — life in prison.

The penalties for trafficking other Schedule I drugs and Schedule II drugs are slightly less severe.

What Are the Penalties for Possession of Drugs?

Possession of drugs is another crime that can be charged either at the state or federal level. Possession of a small amount of drugs for personal use is usually charged as a misdemeanor in Tennessee. The penalties for possession of a Schedule I or II drug vary.

The penalties for possession of larger amounts of drugs are also more severe.

How Does the Federal Government Charge Drug Crimes?

The federal government can charge drug crimes in two ways: either under the federal statute or under the federal conspiracy statute. The federal statute makes it illegal to knowingly and intentionally distribute, manufacture, or possess with the intent to distribute a controlled substance.

Under the federal conspiracy statute, it is illegal to enter into an agreement with another person to commit a federal drug crime. The penalties for federal drug crimes are set forth in federal statutes. The penalties for a first offense of a conspiracy to distribute or possess with the intent to distribute a controlled substance are:

• Not more than 5 years in prison and a fine of not more than $250,000;
• Not more than 20 years in prison and a fine of not more than $1,000,000 for a second offense;
• Not less than 20 years in prison and a fine of not less than $1,000,000 for a third offense.

The penalties for a first offense of actual distribution of a controlled substance are:

• Not more than 20 years in prison and a fine of not more than $1,000,000;
• Not less than 20 years in prison and a fine of not less than $1,000,000 for a second offense;
• Life in prison and a fine of not less than $4,000,000 for a third offense.

How Does Tennessee Define Drug Trafficking?

Tennessee law defines drug trafficking as the unlawful importation, exportation, manufacture, sale, delivery, or transportation of a controlled substance. The penalties for drug trafficking are determined by the type and amount of drug involved in the offense. For example, trafficking of a Schedule I drug is a Class B felony and is punishable by 15-60 years in prison and a fine of up to $100,000. Trafficking of a Schedule II drug is a Class C felony and is punishable by up to 12 years in prison and a fine of up to $25,000.

What Are the Penalties for Drug Manufacturing or Cultivation in Tennessee?

It is illegal in Tennessee to knowingly or intentionally manufacture, deliver, sell, or possess with the intent to manufacture, deliver, or sell a controlled substance. Manufacturing or cultivating a controlled substance is a felony punishable by up to 8 years in prison and a fine of up to $25,000. Manufacturing or cultivating more than 100 plants of marijuana is a felony punishable by up to 12 years in prison and a fine of up to $50,000.