Kansas Federal Drug Crime Attorney
Kansas may not have a national reputation for illegal drugs, but Interstate 70, a known thoroughfare for drug trafficking, runs through the state and connects Utah all the way to Maryland. Numerous law enforcement agencies patrol the interstate looking for evidence of larger drug operations.
Major drug crimes, such as trafficking, often result in federal charges. Federal agencies typically become involved in drug cases with large amounts of controlled substances or when drug activity crosses state borders.
Being charged with a federal drug crime is extremely serious. Many federal drug crime convictions carry mandatory minimum sentences. In addition there is no opportunity for parole in federal system, you serve your sentence minus any good time. With such severe penalties, it is absolutely necessary to retain an experienced federal drug crimes lawyer.
When I take on your case, I am meticulous in searching for cracks in the government’s case. Were you illegally stopped or searched? Does the government have sufficient evidence against you? Is all the evidence admissible? These are some of the questions I ask when I gather evidence to defend your case. Together, we can assess your legal situation and decide whether a plea bargain or a trial is in your best interest, a decision that is made by you.
Were you arrested, or do you believe that you might be under investigation for a federal drug crime in Kansas? Do not say anything to law enforcement until you have an attorney. Pratt Law, LLC will fight to possibly get your criminal charges reduced or dismissed. For a complete evaluation of your case, call (316) 262-2600 or contact us online to set up a free consultation.
Types of Federal Drug Crimes
The type of charge depends on the nature of the alleged criminal activity. In Kansas, the most common federal drug crimes include:
- Possession— Charges can be for actual possession (physical care, control, custody, or management of a controlled substance) or constructive possession (drugs discovered in the area the alleged offender had access to or controlled).
- Trafficking— A person is charged with a trafficking crime for 1) physical movement of a controlled substance or 2) possessing more than a certain amount of a drug. (See penalties below.)
- Manufacturing— The creation of a controlled substance is defined as manufacturing, and an individual is prohibited from participating in or offering to participate in this process.
- Delivery— Any transfer of a controlled substance to another person (even if the exchange does not involve money) is considered delivery.
- Conspiracy— Any agreement between two or more people to violate a federal drug law or laws constitutes a conspiracy.
- Cultivation— Whereas manufacturing often relates more to synthetic controlled substances, cultivation is the process of growing or caring for natural controlled substances, such as marijuana or psilocybin mushrooms.
- Smuggling— An alleged offender imports an illegal drug into the United States with intent to distribute or sell.
- Distribution— Similar to a charge of delivery, distribution typically involves multiple deliveries.
- Distributing materials— A person can face criminal charges for providing certain components, chemicals, mixtures, or other materials for making controlled substances, regardless of their direct involvement in the making of an illegal drug.
- Fraud— Certain drug crimes may involve possible acts of mail, bank, wire, or other fraud.
- Racketeering— Some drug crimes involve violations of federal statutes, such as the Racketeer Influenced and Corrupt Organizations Act, the Violent Crimes in Aid of Racketeering Statute, or the Continuing Criminal Enterprise Statute.
Drug charges can depend on several factors, including the type of controlled substance, the quantity, and the alleged offender’s prior criminal record.
Federal Drug Penalties
The United States Drug Enforcement Agency lists the following penalties for federal trafficking convictions:
Drug | Quantity | Prison Sentence | Fine |
|---|---|---|---|
Cocaine | 500-4,999 | First Offense: Death or Serious Injury Cases: 20 Years to Life Second Offense: Ten years to life Life Sentence | First Offense: Up to $5 million for individuals; $25 million for non-individuals Second Offense: Up to $8 million for individuals; $50 million for non-individuals |
Cocaine Base | 28-279 grams mixture | ||
Fentanyl | 40-399 grams mixture | ||
Fentanyl Analogue | 10-99 grams mixture | ||
Heroin | 100-999 grams mixture | ||
LSD | 1-9 grams mixture | ||
Methamphetamine | 5-49 grams pure 50-499 grams mixture | ||
PCP | 10-99 grams pure 100-999 grams mixture | ||
Cocaine | 5 kilograms or more mixture | First Offense: Death or Serious Injury Cases: Minimum 20 Years to Life Second Offense: 20 Years to Life Life Sentence Two or More Prior Offenses: Life in Prison | First Offense: Up to $10 million for individuals; $50 million for non-individuals Second Offense: Up to $20 million for individuals; $75 million for non-individuals Two or More Prior Offenses: Up to $20 million for individuals; $75 million for non-individuals |
Cocaine Base | 280 grams or more mixture | ||
Fentanyl | 400 grams or more mixture | ||
Fentanyl Analogue | 100 grams or more mixture | ||
Heroin | 1 kilogram or more mixture | ||
LSD | 10 grams or more mixture | ||
Methamphetamine | 50 grams or more pure | ||
PCP | 100 grams or more of pure 1 kilogram or more of mixture | ||
Other Schedule I and Schedule II Controlled Substances | Any amount |
Up to 20 years minimum of 20 years to life Up to 30 years life sentence | First Offense: Up to $1 million for individuals; $5 million for non-individuals Up to $2 million for individuals; $10 |
Flunitrazepam | 1 gram | ||
Other Schedule III Controlled Substances | Any amount | First Offense: Up to ten years up to 15 years in prison. Up to 20 years in prison. up to 30 years in prison | First Offense: Up to $500,000 for individuals; $2.5 million for non-individuals Fine of up to $1 million for an individuals; $5 |
Other Schedule IV Controlled Substances | Any amount | First Offense: Up to five years in prison. Up to ten years in prison. | First Offense: Fine of up to $250,000 for an individuals; $1 million for non-individuals. Fine of up to $500,000 for an individuals; $2 |
Flunitrazepam | Other than 1 gram or more | ||
Other Schedule V Controlled Substances | Any amount | First Offense: Up to one year in prison. Up to four years in prison. | First Offense: Fine of up to $100,000 for an individuals; $250,000 for non-individuals. Fine of up to $200,000 for an individuals; $500,000 for non-individuals. |
Marijuana | 1,000 kilograms or more marijuana mixture | First Offense: Minimum of ten years up to life in prison. minimum of 20 years up to life in prison. Minimum of Twenty years, up to life in prison. punishable by life sentence in prison. | First Offense: Fine of up to $10 million for an individuals; $50 million for non-individuals. Fine of up to $20 million for an individuals; $75 |
Marijuana | 100 kilograms to 999 kilograms marijuana mixture | First Offense: Minimum of five years, up to 40 year in prison. minimum of 20 years up to life in prison. Minimum of ten years, up to life in prison. punishable by life in prison | First Offense: Fine of up to $5 million for individuals; $25 million for non-individuals. Fine of up to $20 million for an individuals, $75 |
Marijuana | More than 10 kilograms hashish | First Offense: Up to 20 years in prison. minimum of 20 years up to life in prison. Up to 30 years in prison punishable by life in prison | First Offense: Fine of up to $1 million for an individuals; $5 million for non-individuals. Fine of up to $2 million for an individuals, $10 |
Marijuana | Less than 50 kilograms marijuana (not including 50 or more marijuana plants, regardless of weight) | First Offense: Up to five years in prison. Up to ten years in prison. | First Offense: Fine of up to $250,000 for an individuals; $1 million for non-individuals. Fine of up to $500,000 for an individuals; $2 |
Hashish | 10 kilograms or less | ||
Hashish Oil | 1 kilogram or less |
How police discovered and obtained these controlled substances in these cases is often an issue. Other alleged offenders could be charged for drug crimes when the controlled substances actually belonged to someone else.
More About 1-70 Drug Busts
Interstate 70, which runs from Utah to Maryland through the middle of Kansas, has become a major corridor for national drug trafficking due to its many connecting routes. The police in Kansas have been given federal money in order to increase patrols looking specifically for drug runners (Operation Pipeline among others). The police will pull a vehicle over for a minor traffic violation and then attempt to get the driver to consent to a search of the vehicle, whether or not the officer has reason to believe there are drugs in the vehicle. In most cases, giving the police consent to search relieves you of any rights you might have under the Fourth Amendment provisions against unreasonable searches and seizures. If you have been pulled over on I-70 and were arrested for drugs found in your car, contact Pratt Law, LLC for experienced federal drug crimes representation.
Contact a Wichita Federal Drug Defense Attorney
If you believe that you might be under investigation or you were already arrested for an alleged federal drug crime in Kansas, do not wait to retain legal counsel. From our offices in downtown Wichita, Kansas, Pratt Law, LLC represents clients charged with drug offenses in the Kansas federal courts and state courts throughout Kansas. James R. Pratt is admitted to the United States District Court for the District of Kansas and has over 20 years of legal experience. Contact James R. Pratt at (316) 262-2600 to schedule a free initial consultation with an experienced Wichita federal drug crime attorney.