Federal law criminalizes a wide variety of drug offenses, with a significant number penalized under 21 U.S.C. §960. This section encompasses violations of §§825, 952, 953, 955, 957, and 959. Notably, the offenses must be committed knowingly or intentionally, requiring prosecutors to prove the necessary mens rea, or mental state, to commit the offense.
21 U.S.C. §825 is directed at labeling and packing of controlled substances. This section grants authority to the Attorney General to regulate the label for controlled substances and requires distributors to comply with the labeling requirements. Under the section, it is unlawful to distribute controlled substances without proper labeling. Containers must also contain proper warnings and be securely sealed. Manufacturers and distributors are prohibited to mislabel anabolic steroids in particular, excluding products with an approved application under §505(b) or (j) of the Federal Food, Drug, and Cosmetic Act.
21 U.S.C. §952 is directed towards the importation of controlled substances. Under the statute, it is unlawful to import into the United States any schedule I or II controlled substance, or any narcotic drug in schedule III, IV, or V, or ephedrine, pseudoephedrine, or phenylpropanolamine. The Attorney General has the authority to make exceptions for these substances when necessary for medical, scientific, or other legitimate purposes. Nonnarcotic controlled substances in schedule III, IV, or V is less restricted. Imports must still be for medical, scientific, or legitimate uses, and the importer must follow notification or declaration procedures as required by law.
The Eleventh Circuit affirmed a conviction under §952 in United States v. Besson, No. 22-11603, 2023 WL 4580169 (11th Cir. July 18, 2023). In Besson, the defendant conspired with his codefendants to import cocaine. The scheme involved the use of paid couriers, who were enlisted to carry multiple kilograms of cocaine on commercial flights into the United States. During the course of the conspiracy, the defendant and his coconspirators transported between 5 and 15 kilograms of cocaine. Complying with the mandatory minimum sentence associated with the offense, the defendant was sentenced to 120 months of imprisonment.
Federal law also criminalizes the exportation of controlled substances under 21 U.S.C. §953. Exportation of narcotic drugs in schedule I, II, III, or IV is broadly restricted. §953 provides certain exceptions to the broad illegality of controlled substance exportation, allowing export to any country which is a party to the Single Convention on Narcotic Drugs, the Convention for Limiting the Manufacture and Regulating the Distribution of Narcotic Drugs, the International Opium Convention of 1912 for the Suppression of the Abuses of Opium, Morphine, Cocaine, and Derivative Drugs, or the International Opium Convention signed in 1925. The Attorney General may also extend this recognition to countries that conform with the conventions in their system of controlling drug imports. Narcotic drugs may be exported to holders of permits or licenses from the country of import allowing the import, or when the drug is being used for medical and scientific purposes for which there is actual need. Nonnarcotic schedule I and II substances may be exported to countries where the Attorney General approves the country’s system or importing such substances, so long as the importer is properly licensed to do so. Similarly to narcotic drugs, the Attorney General may make exceptions for medical and scientific necessity. Nonnarcotic controlled substances in schedule III or IV, and any controlled substance in schedule V, are treated less strictly in an exportation context. Such substances may be exported when the importation is not unlawful in the importing country, and proper notification procedure is followed.
Compared to broader import and export laws, 21 U.S.C. §955 is narrow, targeted specifically at vessels, aircraft, and other vehicles going to and from the United States. The statute prohibits onboard possession of any schedule I or II controlled substance or any narcotic drug in schedule III or IV, with exceptions for substances that are part of the vessel’s official supplies or cargo.
21 U.S.C. §957 provides the registration requirements for parties wishing to legally engage in the importation and exportation of controlled substances. In the absence of a registration issued by the Attorney General or a statutorily recognized exception, it is unlawful to import or export any controlled substance or list I chemical. The section extends exceptions to agents and employees of registered companies, as well as contract carriers and warehousemen, so long as the import or export occurs in the usual course of business or employment. Ultimate users entering or exiting the country with controlled substances in their possession for legitimate and prescribed medical use are also exempt from the statute.
The final statute subject to the §960 penalty structed is 21 U.S.C. §959. §959 criminalizes the possession, manufacture, and distribution of controlled substances. In addition to criminalizing manufacture and distribution within the United States, the statute also prohibits distributing listed chemicals with the intent or knowledge that the listed chemical will be used to manufacture a controlled substance that will be manufactured in or unlawfully imported to the United States. The breadth of this criminalization encompasses actions taken outside of the United States’ borders, so long as the offender knows or should reasonably believe that their actions will result in a controlled substance entering the United States.
The Eleventh Circuit affirmed a sentence for violating §959 in United States v. Arias, No. 22-14254, 2024 WL 2290027 (11th Cir. May 21, 2024). In Arias, the defendant participated in a transnational drug-trafficking organization. The defendant’s role involved picking up cocaine from Colombian suppliers and coordinating shipment of the drugs into the United States. Although the defendant was not the “organizer and leader,” he played a significant role int the conspiracy, recruiting several of his codefendants to join. On appeal, the defendant’s 151-month sentence was affirmed.
When any of the aforementioned controlled substance crimes are committed, the penalty structure is provided by §960. The penalties are divided by amount, with the statute providing specific quantities of each drug. The first range of penalties applies to offenses involving 1 kilogram or more of a mixture containing heroin; 5 kilograms or more of a mixture containing coca leaves, cocaine, ecgonine, or some combination of the three substances; 280 grams or more of a mixture containing coca leaves, cocaine, ecgonine, or a combination, when the substance has a cocaine base; 100 grams or more of phencyclidine (PCP) or 1 kilogram or more of a PCP mixture; 10 grams or more of a mixture containing lysergic acid diethylamide (LSD); 400 grams or more of a mixture containing N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide or 100 grams or more of a mixture containing any analogue of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide; 1000 kilograms or more of marijuana; or 50 grams or more of methamphetamine. Offenses involving any of the aforementioned controlled substances are punishable by a minimum of 10 years in prison, and as much as a life sentence. If the offender has a previous conviction for a serious drug felony or serious violent felony, the minimum sentence is 15 years’ imprisonment. If the substance causes serious injury or death, the minimum sentence rises to 20 years’ imprisonment, with a mandatory life sentence if the offender has a previous serious drug felony or violent felony. These offenses also carry a fine of up to $10,000,000 for individual defendants and $50,000,000 for defendants who are not individuals. Offenders face a minimum of 5 years of supervised release following release from prison, which doubles if the offender has a prior felony conviction.
The second grouping of §960 penalties are punished less severely than the first grouping. §960(b)(2) encompasses offenses involving 100 grams or more of a mixture containing heroin; 500 grams or more of a mixture containing coca leaves, cocaine, ecgonine, or some combination of the three substances; 28 grams or more of a mixture containing coca leaves, cocaine, ecgonine, or a combination, when the substance has a cocaine base; 10 grams or more of phencyclidine (PCP) or 100 grams or more of a PCP mixture; 1 grams or more of a mixture containing lysergic acid diethylamide (LSD); 40 grams or more of a mixture containing N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide or 10 grams or more of a mixture containing any analogue of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide; 100 kilograms or more of marijuana; or 5 grams or more of methamphetamine. Offenses in this category are punishable by anywhere from 5 to 40 years in prison, which increases to a minimum of 20 years and a maximum of life imprisonment if the substance causes death or serious injury. If the offender has a prior conviction for either a serious drug felony or serious violent felony, the sentence may range from 10 years imprisonment to life imprisonment, with the offender receiving a mandatory life sentence if death or serious injury is caused by the substance. Following release from prison, offenders face at least four years of supervised release, or eight years if the offender has a prior felony conviction. Violations involving the quantities and substances in §960(b)(2) carry a fine of up to $5,000,000 if the defendant is an individual or $25,000,000 if the defendant is not an individual.
The final category of offenses includes controlled substances in schedule I or II, gamma hydroxybutyric acid, and flunitrazepam. The penalty for these offenses, codified in §960(b)(3), is a maximum of 20 years imprisonment, which rises to a maximum of 30 years if the offender has a prior conviction for a serious drug felony or serious violent felony. If the substance causes death or serious injury, the offender faces a minimum sentence of 20 years’ imprisonment, and as much as life in prison. If the substance causes death or injury and the offender has a prior conviction for a serious felony, the offender faces a mandatory life sentence. Following release from prison, offenders face a minimum of three years of supervised release, which doubles if the offender has a prior felony conviction. §960(b)(3) additionally carries a fine of up to $2,000,000 for individual defendants and $10,000,000 for defendants who are not individuals.
Finally, §960(d) establishes the penalty for importation or exportation offenses broadly. An importation or exportation offense involving a list I chemical with the intention or reasonable belief that a controlled substance will be manufactured from the chemical is punishable by up to 20 years in prison. Other import and export offenses are punishable by up to 10 years in prison.
21 U.S.C. §961 provides additional penalties for violations of 21 U.S.C. §954 and failure to notify the Attorney General of importation or exportation activities under §971. §954 provides that a controlled substance in schedule I may by imported, transferred, or transshipped if the shipment was done for scientific, medical, or legitimate purposes and with prior approval of the Attorney General. Controlled substances in schedule II, III, or IV may also be imported, transferred, or transshipped if the Attorney General is given advance notice, and all regulations are followed. If the violation is committed knowingly or intentionally, the offender may be sentenced to up to one year in prison and a fine of up to $25,000. In the absence of knowledge or intent, the offender is only subjected to the fine as a civil penalty.
If you have a Federal Criminal case, a State Criminal case, a Municipal Case or a Family Law case in the Northern District of Alabama, Middle District of Alabama, Southern District of Alabama, or any federal jurisdiction in the Eleventh Circuit, including Alabama, Florida, and Georgia, contact Joe Ingram or Ingram Law LLC at 205-335-2640. Get Relief * Get Results.