The term “drug trafficking” often makes people think of organized crime involving the regular sale of illicit substances. State prosecutors can bring trafficking charges against those accused of involvement in organized criminal activity related to the large-scale distribution of illegal and controlled substances.
An individual does not need to be part of a broader criminal conspiracy to be at risk of drug trafficking accusations under state law. The definition is actually broader than many people realize, making it possible for prosecutors to bring charges against people for actions other than involvement in an organized drug distribution scheme. The three types of conduct below can all put people at risk of drug trafficking charges.
Bringing drugs into the state
Many elicit substances are grown or manufactured elsewhere. People have to transport the substances to reach those who want to acquire those drugs. Anyone caught helping move substances into the state could potentially be at risk of trafficking charges. Even if the substance in question is legal or at least decriminalized in the other jurisdiction, the person transporting it could face trafficking charges.
Possession of a significant amount
Not all offenses related to illegally owning or controlling a substance are misdemeanors or simple possession offenses. State prosecutors can bring felony trafficking charges against people who have large quantities of different substances in their possession. The type of drug determines what constitutes enough for a trafficking charge. In some cases, as little as four grams may be all it takes to trigger trafficking allegations.
The sale or delivery of drugs
An individual selling a small amount of a substance to another individual for personal use may not view their actions as trafficking. However, the state likely does. In fact, there doesn’t need to be proof of an exchange of money for the incident to meet the definition of trafficking. Anyone who transfers a controlled substance, even without financial gain, could be at risk of trafficking allegations.
One of the various defense strategies that can work for those accused of drug offenses involves establishing that the situation does not meet the state definition of a particular crime. Learning more about how the state defines different drug charges can help people prepare to defend against the charges they’re facing.