Dallas Federal Drug Trafficking Defense Lawyers

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5465 Legacy Drive Suite 650, Plano, Texas 75024

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About one-third of all federal prosecutions in the United States are drug trafficking cases. In the Northern District of Texas, which includes Dallas, Fort Worth, Abilene, Amarillo, and Lubbock, federal drug trafficking cases make up nearly half of all federal cases.

Federal drug trafficking cases are different than state-level prosecutions. These cases are often complex, and the penalties can be much more severe. Read more about Dallas federal drug trafficking offenses, and how the federal defense lawyers at Evergreen Attorneys can help fight your case.

Contact the Dallas Federal Drug Trafficking Defense Lawyers at Evergreen Attorneys today by calling (214) 666-6558, emailing us at [email protected], or submitting a contact form online.

What Makes Evergreen Attorneys Different?

With nearly 100,000 attorneys Texas ranks third in the U.S. for the state with the most lawyers in 2024. Only a fraction of those attorneys practice criminal defense. An even smaller number are equipped to take on the U.S. government in federal prosecutions.

Here are some of the things that we think makes Evergreen Attorneys different from other Texas lawyers:

We only focus on federal cases and high-stakes felonies. No family law, no medical malpractice, no transactional lawyers, and no traffic tickets.
We only employ experienced partner-level attorneys. No fresh-faced associates right out of law school.
We are a boutique federal defense law firm. We are selective with our cases and every decision we make is tailored toward providing client-first exceptional criminal defense.
Evergreen Attorneys handles criminal cases nationwide. We are not interested in being golfing buddies with the prosecutor.

When is Drug Trafficking a Federal Offense?

The majority of drug cases in Texas are handled at the state level. At Evergreen Attorneys, we are proud to help defend federal drug trafficking cases.

They are charged by the District Attorney and are prosecuted under Texas state law. So, when or how does a drug offense become federal?

There is no one answer to when a drug offense rises to the level of federal prosecution, but there are some factors that contribute to when the U.S. Attorney brings federal charges:

The size and scope of the drug trafficking offense. The more people and drugs involved, the more likely it is the feds will pick up the case.
Who investigated. Drugs seized by local cops are usually going to result in state charges. Cases where the DEA, FBI, or other federal agency are involved are almost always likely to result federal charges.
Crossing state lines. Drug trafficking that crosses state or international lines are more likely to involve federal prosecution. Part of the reason Texas has so many federal drug prosecutions is its proximity to Mexico and multiple interstate highways.
Prosecutorial Discretion. Not every case that could be charged as a federal crime is. Federal prosecutors have a lot of discretion in deciding what cases to bring before a grand jury.

What is a Federal Drug Trafficking Offense?

As a part of the ever-ongoing “War on Drugs,” Congress passed the Controlled Substance Act of 1970 (“CSA”), which regulates the manufacturing, importation, possession, use and distribution of controlled substances. While federal law does prohibit and punish simple unlawful possession of a controlled substance, the majority of federal prosecutions are for possession with intent to distribute (“PWID”). It is also a federal offense to attempt or conspire with others to possess a controlled substance with intent to distribute.

The lawyers at Evergreen Attorneys are proud to defend the constitutional rights of anyone charged with federal drug trafficking crimes.

Federal Drug Trafficking Laws

Distribution, Manufacture, and Dispensing of Controlled Substances

Federal drug trafficking laws are codified under 21 U.S.C. § 801 et seq. The most common statute charged in federal drug cases is 21 U.S.C. § 841, which prohibits:

Except as authorized by this subchapter, it shall be unlawful for any person knowingly or intentionally–

(1) to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance; or

(2) to create, distribute, or dispense, or possess with intent to distribute or dispense, a counterfeit substance.

Manufacture, distribute, dispense, controlled substance, and counterfeit substance all have specific legal definitions provided in § 802.

“Controlled Substance” means a drug or other substance, or immediate precursor, included in schedule I, II, III, IV, or V of the Controlled Substance Act. The term does not include distilled spirits, wine, malt beverages, or tobacco.

“Counterfeit Substance” means a controlled substance which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, number, or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person or persons who in fact manufactured, distributed, or dispensed such substance and which falsely purports or is represented to be the product of, or to have been distributed by, such other manufacturer, distributor, or dispenser.

“Distribute” means to deliver (other than by administering or dispensing) a controlled substance or a listed chemical. A “distributor” means a person who delivers a controlled substance or listed chemical.

“Manufacture” means the production, preparation, propagation, compounding, or processing of a drug or other substance, either directly or indirectly or by extraction from substances of a natural origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis,

“Dispense” means to deliver a controlled substance to an ultimate user or research subject by lawful order of a practitioner, including the prescribing and administering of a controlled substance. “Dispenser” means a practitioner who delivers a controlled substance to a user or research subject.

Conspiracy and Attempt to PWID

Conspiracy to possess with intent to distribute, and attempt to possess with intent to distribute a controlled substance under 21 U.S.C. § 846 is a one-sentence statute that encompasses a great deal of conduct. Under § 846:

Any person who attempts or conspires to commit any offense defined in this subchapter shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the conspiracy.

What is a federal drug conspiracy? It is an agreement between two or more people to possess with intent to distribute drugs. Section 846 makes it a federal crime for two people to agree to sell drugs, even if they did not actually distribute any. Drug conspiracy punishes the agreement itself, and the government loves to charge people with conspiracy on top of drug trafficking.

An attempt to possess with intent to distribute is different from a conspiracy, but also does not actually require any actual possession or distribution. All the government needs to allege for an attempt is that the defendant intended to violate § 841 and took a “substantial step” toward the commission of the crime. A substantial step is any act beyond mere “preparation.”

Importantly, attempt and conspiracy are punished exactly the same as someone who actually possesses and distributes a controlled substance, even if they did not do so.

Continuing Criminal Enterprise

A continuing criminal enterprise (“CCE”) is one of the most serious federal drug charges the government can allege. It carries a mandatory minimum sentence of 20 years imprisonment and, in some cases, could require a mandatory life sentence.

When the government alleges that a defendant engaged in a continuing criminal enterprise, it needs to show that (1) the defendant violated the Controlled Substance Act; (2) that the violations were part of a continuing series of violations (at least three or more); (3) the defendant received substantial money or property from the violation; and (4) that the defendant violated the CSA with five or more other people and was a organizer, supervisor, or manager.

What are the Penalties for Federal Drug Trafficking Offenses?

For drug trafficking offenses under Sections 841 and 846, the mandatory minimum and maximum sentences are based on the amount of drugs alleged in the indictment. The drug amount must be unanimously agreed on by a jury in order to increase a person’s maximum or minimum sentence.

Section 841(b)(1) has five categories for punishment. Most of the time, conspiracy or drug trafficking offenses fall under one of the first three categories and could be subject to additional enhancements.

10 Years to Life Imprisonment

21 U.S.C. § 841(b)(1)(A) sets for a mandatory range of 10 years to life imprisonment for anyone convicted of trafficking:

1 kilogram or more of heroin
5 kilograms or more of cocaine
280 grams or more of cocaine base
100 grams or more of PCP
10 grams or more of LSD
400 grams or more of fentanyl
50 grams or more of methamphetamine
1,000 kilograms or more of marijuana

5 to 40 Years Imprisonment

The next tier has a mandatory range of 5 to 40 years imprisonment under § 841(b)(1)(B). It involves:

100 grams to less than 1 kilogram of heroin
500 grams to less than 5 kilograms of cocaine
28 grams to less than 280 grams of cocaine base
10 grams to less than 100 grams of PCP
1 gram to less than 10 grams of LSD
40 grams to less than 400 grams of fentanyl
5 grams to less than 50 grams of methamphetamine
100 kilograms to less than 1,000 kilograms of marijuana

Up to 20 Years Imprisonment

The third category under § 841(b)(1)(C) covers “an amount” of controlled substances under schedule I or II and is punishable by up to 20 years imprisonment. This subsection is used when a drug is not specifically listed under subsections (b)(1)(A) or (b)(1)(B), the amount is less than the threshold level in (b)(1)(B), or as a negotiation tactic in “pleading down” to a less serious offense.

Enhanced Penalties

Most drug trafficking offenses are going to fall in one of the three punishment categories listed above: 10 years to life; 5 to 40 years; or 0 to 20 years. However, each of these subdivisions includes provisions for “enhanced penalties” that drastically raise the mandatory minimum sentences when certain prerequisites are met.

Death of serious bodily injury. If the drug caused serious bodily injury or death to someone, then the penalty range jumps to 20 years to life regardless of the amount of drugs involved.
Prior Felony Conviction–841(b)(1)(A): If the defendant has a prior conviction for a serious drug or violent felony, the term of imprisonment is raised to 15 years to life. If they have two or more prior convictions, the range becomes 25 years to life.
Prior Felony Conviction–841(b)(1)(B): If the defendant has a prior conviction for a serious drug or violent felony, the term of imprisonment is raised to 10 years to life. If they have two or more prior convictions, the range becomes 25 years to life.
Prior Felony Conviction–841(b)(1)(C): If the defendant has a prior conviction for a serious drug or violent felony, the term of imprisonment is raised to a maximum of 30 years.
Prior Felony Conviction and Death Results: If the defendant is charged under § 841 and has a prior felony conviction and the offense resulted in death or serious bodily injury, the sentence is automatically life imprisonment regardless of the drug amount.

Can Medical Doctors be Charged Under the Controlled Substance Act?

Every day medical doctors and practitioners regularly prescribe controlled substances. This is allowed because 21 U.S.C. § 841 begins with “Except as authorized.” Doctors and practitioners authorized by state and federal law to dispense prescription drugs are not violating the law, unless the prescription was not for a legitimate medical purpose or made in the usual course of professional practice.

However, the Supreme Court ruled just a few years ago that the government is required to make an additional showing in the case of doctors being charged under 21 U.S.C. § 841. In Ruan v. United States, 597 U.S. 450 (2022), the Court held that the government must establish that a medical doctor charged with unlawful distribution under § 841 must show that the doctor knew that the prescription was “not authorized” to be criminally liable.

In Ruan, two medical doctors petitioned the Supreme Court after being convicted of violating 21 U.S.C. § 841. Federal regulations authorized the doctors to dispense controlled substances if the prescription is issued for a legitimate medical purpose and in the usual course of practice. The Supreme Court found that the jury instructions in both the doctors’ trials were inadequate because the juries were not asked to find beyond a reasonable doubt whether the doctors knew that the prescriptions were unauthorized.

Yes, medical doctors can and still are charged under § 841. However, federal prosecutors now must prove beyond a reasonable doubt that the doctors knew their actions were unauthorized in order to obtain a conviction for dispensing controlled substances.