Federal narcotics charges under 21 USC Sections 841 and 846.

Understanding Federal Narcotics Charges: 21 U.S.C. § 841 and 21 U.S.C. § 846

Federal narcotics offenses are among the most serious criminal charges prosecuted in the United States. Two of the most commonly charged statutes in drug-related federal cases are 21 U.S.C. § 841, which governs the manufacture and distribution of controlled substances, and 21 U.S.C. § 846, which addresses conspiracy to commit drug offenses. Violations of these laws can result in severe penalties, including lengthy prison sentences, substantial fines, and mandatory minimums.

21 U.S.C. § 841 – Manufacture, Distribution, or Possession with Intent

Section 841 makes it unlawful for any person to:

  *   Manufacture,
  *   Distribute, or
  *   Possess with intent to manufacture or distribute

a controlled substance.

Key Elements

To convict a defendant under § 841, the government must prove:

  1.  The defendant knowingly and intentionally manufactured, distributed, or possessed a controlled substance.
  2.  The substance was in fact a controlled substance as defined by federal law.
  3.  The quantity and type of the drug, which can affect the severity of the sentence.

Controlled Substance Schedules

The Controlled Substances Act categorizes drugs into five schedules based on their potential for abuse and accepted medical use. For example:

  *   Schedule I (e.g., heroin, LSD) – High potential for abuse, no accepted medical use.
  *   Schedule II (e.g., cocaine, methamphetamine) – High potential for abuse, limited medical use.

Penalties

Penalties vary depending on the type and amount of drug involved, and whether the defendant has prior drug convictions. For example:

  *   First-time offense involving 500g or more of cocaine:
     *   5 to 40 years in prison,
     *   Minimum 5-year sentence,
     *   Up to $5 million fine for individuals.
  *   First-time offense involving 5kg or more of cocaine or 1kg or more of heroin:
     *   10 years to life imprisonment,
     *   Minimum 10-year sentence,
     *   Up to $10 million fine for individuals.

If death or serious bodily injury results from the use of the drug, enhanced mandatory minimums apply.

21 U.S.C. § 846 – Drug Conspiracy

Section 846 criminalizes attempts and conspiracies to commit any drug offense defined in the Controlled Substances Act, including those under § 841.

Key Elements

To prove a conspiracy under § 846, prosecutors must show:

  1.  An agreement between two or more people to violate a drug law.
  2.  The defendant knowingly and voluntarily joined the agreement.
  3.  (In some cases) an overt act in furtherance of the conspiracy, although this is not strictly required under federal drug law.

Penalties

The penalty for conspiracy under § 846 is generally the same as the penalty for the underlying drug offense. For instance, if the conspiracy involved more than 1kg of heroin, the defendant may face 10 years to life in prison—even if no drugs were actually distributed, so long as the conspiracy existed.

Aggravating Factors

Certain factors can increase the severity of penalties, including:

  *   Prior felony drug convictions,
  *   Involvement of firearms,
  *   Distribution near schools or involving minors,
  *   Causing death or serious bodily injury.

Conclusion

Charges under 21 U.S.C. §§ 841 and 846 are among the most aggressively prosecuted in federal court. They carry stiff penalties, particularly when large quantities of drugs are involved or when conspiracies span multiple jurisdictions. Anyone facing such charges should seek experienced legal counsel immediately, as early intervention can significantly affect the outcome of a case. Matthew Galluzzo is a former Manhattan prosecutor and experienced criminal defense attorney who has successfully represented dozens of individuals accused of federal narcotics charges, including those alleged to have resulted in fatal overdoses. If you or a loved one have been accused of a federal narcotics crime, you should strongly consider contacting Mr. Galluzzo to discuss his legal services. Mr. Galluzzo practices in the New York City, Westchester County (White Plains), New Jersey, and Connecticut federal courts.