Drug Trafficking (21 U.S.C. §§ 841, 846)
The primary federal drug trafficking statutes under the Controlled Substances Act (CSA).
§ 841 — Manufacture, Distribution, or Dispensing
§ 841(a): Except as authorized, it is unlawful to:
- (1) Manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance; or
- (2) Create, distribute, or possess with intent to distribute a counterfeit substance.
§ 841(b): Graduated penalties based on drug type and quantity:
- Schedule I/II drugs (heroin, cocaine, meth): mandatory minimums of 5 or 10 years depending on quantity
- Penalty enhancement for prior drug convictions
- Enhanced penalties for distribution resulting in death or serious bodily injury
Mens Rea
Ruan v. United States (2022): For licensed medical practitioners, the government must prove the practitioner knowingly or intentionally acted in an unauthorized manner — the “except as authorized” element modifies the entire offense and requires scienter.
§ 846 — Conspiracy and Attempt
Unlawful to attempt or conspire to commit any offense defined in this subchapter. Penalties: same as the underlying offense.
Conspiracy Elements (§ 846)
- Agreement between two or more persons
- To violate the CSA
- Knowledge and intent to join the conspiracy
No overt act required (unlike general federal conspiracy under 18 U.S.C. § 371) — the agreement itself is the crime. United States v. Shabani (1994).
Multiple Conspiracies vs. Single Conspiracy
Courts analyze whether participants formed one overall agreement or separate independent agreements (“chain” vs. “hub-and-spoke” conspiracies).
Drug Analog Act (21 U.S.C. § 813)
Treats controlled substance analogs — substances substantially similar in chemical structure or pharmacological effect — as Schedule I substances for the purpose of § 841, if intended for human consumption.