Drug Trafficking in Criminal Law

Drug trafficking continues to be a major problem in the United States, and from a statistical standpoint, it doesn't seem to be getting any less prevelant. The felony crime of drug trafficking involves the manufacture sale, distribution, or possession with the intent to sell of controlled substances. The drug involved can be an illegal substance - such as cocaine or marijuana - or it can be a legal drug that has been obtained illegally such as sleeping pills or pain killers.

The U.S. laws against drug trafficking are particularly harsh - some say too harsh - and are meant to control and to punish offenders who commit drug-related crimes. Although most of the offenders who are arrested and convicted of drug trafficking are comparatively "small time", the ultimate goal of law enforcement officials in the pursuit of drug trafficking offenses is to snare the "big-time" drug traffickers and to stop the spread of controlled substances at the source.

The major controversy surrounding drug trafficking is that citizens convicted of drug trafficking are given long prison sentences. In fact, the state laws surroudning drug trafficking are modeled after the federal laws, which impose a minimum prison sentence upon those involved in illegal possession and trafficking of drugs. Most offenders convicted of drug trafficking serve longer sentences than criminals convicted of violent crimes, including murder.

On the other hand, proponents of harsher sentences for drug trafficking argue that drug-related crimes are violent, even if violence is not a part of the conviction. People who sell drugs to others enable citizens to harm their bodies with controlled substances, which is indirectly violent.

The average prison sentence of a first-offense drug trafficking convict is three years, which is higher than those of most violent criminals, and the majority of drug trafficking convicts serve at least 80% of their sentences, while the average for violent offenders is only 50%.

Charges of drug trafficking are much more serious than those for drug possession. Just because you have drugs in your possession doesn't mean that you can be convicted of drug trafficking, unless law enforcement professionals have evidence that you intend to sell the drugs on your person. Suspects who are discovered with large amounts of drugs may be subject to drug trafficking charges, especially if they also have a large amount of cash with them at the time of arrest.

Unfortunately, most of the people arrested for drug trafficking are comparatively small time, and the drug traffickers at the top of the chain are rarely caught. Part of this has to do with international ties; not to mention, most high-level drug dealers are familiar enough with the law to keep their operations secretive.