{"id":352051,"date":"2023-11-22T18:38:46","date_gmt":"2023-11-22T23:38:46","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/criminal\/criminal-charges\/drug-dealing-and-drug-sales-charges.html"},"modified":"2023-11-22T18:38:46","modified_gmt":"2023-11-22T23:38:46","slug":"drug-dealing-and-drug-sales-charges","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-charges\/drug-dealing-and-drug-sales-charges.html","title":{"rendered":"Drug Sales and Drug Dealing Charges"},"content":{"rendered":"\n
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Drug Sales and Drug Dealing Charges<\/h1>\n
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\n By John Mascolo, Esq.<\/a> | Legally reviewed by Kit Yona, M.A.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Key Takeaways<\/h2>\n

Drug dealing or drug trafficking charges are criminal charges for the illegal sale or attempted sale of any type of controlled substance. Controlled substances include drugs such as cocaine, heroin, methamphetamines, or marijuana.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n

Drug dealing charges often refer to one-on-one sales. In contrast, charges for drug trafficking<\/a> may include any act involving the making, transporting, and selling of drugs. State and federal laws may also make crimes for possession with the intent to distribute<\/a> equivalent to drug trafficking.
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Generally, the penalties for drug dealing depend on the type of drug sold, the amount of drugs involved, and whether an offender’s criminal record includes prior drug convictions. In some cases, the law presumes a person is selling a drug when they have more than a specified amount of the drug in their possession.<\/p>\r\n

Learn about drug sales and drug dealing charges below. You can also chat with a local defense attorney<\/a> to get more specific advice.<\/p>\r\n

Federal vs. State Crimes for Drug Dealing<\/h2>\r\n

Crimes against drug sales or drug dealing exist at both the federal and state levels. Selling illegal drugs may have different names depending on the jurisdiction. For example, federal law refers to the manufacture, distribution, or dispensing of illegal drugs. A related crime involves possession of drugs with intent to distribute or dispense them. States may use similar titles or refer to these offenses as illegal trafficking in drugs.<\/p>\r\n

In any given drug sale or series of drug deals, both state and federal authorities may investigate. Local and state law enforcement more often focus on the sale of drugs that occur within their state. Federal investigative agencies like the FBI or the Drug Enforcement Administration<\/a> (DEA) may take over when the drug sale occurs on federal land in Washington D.C. and elsewhere, or on a military base. Federal authorities may also focus on cases where drug trafficking activity crosses state or international borders.<\/p>\r\n

What Is an Illegal Drug?<\/h3>\r\n

The federal government established schedules for all controlled substances<\/a> under the Controlled Substances Act (CSA) in 1970. A controlled substance is a drug or chemical that the government outlaws or regulates to protect public safety. Congress by legislation, and the DEA by regulation, can make changes to the drug schedules. <\/p>\r\n

For example, drugs listed in Schedule I include heroin, LSD, peyote, and marijuana. At present, these drugs remain illegal to possess or sell under federal law. Most hallucinogens appear in Schedule I. Some exceptions are PCP (Schedule II) and ketamine (Schedule III).<\/p>\r\n

Drugs listed in Schedule II down to Schedule V include prescription drugs. Schedule II includes drugs like cocaine, methamphetamine, oxycodone, and fentanyl. Schedule III includes Tylenol with codeine and anabolic steroids. The federal government views all drugs outside of Schedule I as having legitimate medical uses, but they vary in their potential for addiction or dependency.<\/p>\r\n

Federal Drug Crimes<\/h3>\r\n

Federal drug charges related to drug dealing appear in 21 U.S.C. Section 841<\/a>. This federal law prohibits knowing or intentional conduct by any unauthorized person:<\/p>\r\n