Albuquerque Federal Drug Crime Lawyers
Proven Albuquerque Federal Drug Crime Attorneys Ready To Help You
If you haven’t noticed by now, large organized drug trafficking rings will inevitably come to an end. They often have their high points followed quickly by their very low points. Unfortunately, as any cog in the larger drug trafficking machine, you run the risk of extended sentences, even felony convictions depending on your involvement. If you have been charged with a federal drug offense, it is important to contact an experienced Albuquerque federal drug crime lawyer as soon as you are able.
Federal vs. State Drug Crimes
Federal drug laws are much more severe than New Mexico drug laws and typically involve a higher level of drug charges. Federal drug charges are brought by the Drug Enforcement Agency (DEA). The DEA divides each range and classification of drug charges into schedules by type of drug and charges, by type of offense.
The schedules and punishment range of federal drug charges include the following, although marijuana charges are typically in their own schedule range, despite being lumped into Schedule I:
| Schedule | Type of Drug |
| I | Marijuana, Heroin, LSD |
| II | Cocaine, Methamphetamine |
| III | Vicodin, Ketamine, Anabolic Steroids |
| IV | Xanax, Ambien |
| V | Cough syrup containing codeine |
Each drug is different and is made up of different chemicals, with different potential side effects. Therefore, the DEA has classified these drugs into groups that more directly relate to all other drug types in the Schedule.
Federal Penalties
Federal trafficking penalties depend largely on the number of drugs that you are found with, as well as the Schedule the drug falls under. The following drugs contain the same punishment range of:
- First offense: 5-40 years; if death or serious bodily injury occurs penalty is heightened to 20 years-life in prison; Up to a $5 million fine.
- Second offense: 10 years – life in prison; If death or serious bodily injury occurs, life imprisonment. Up to $8 million fine.
| Schedule | Substance | Quantity |
| I | Fentanyl Analogue | 10-99 grams mixture |
| I | Heroin | 100-999 grams mixture |
| I | LSD | 1-9 grams |
| II | Cocaine | 500-4,999 grams mixture |
| II | Cocaine base | 28-279 grams mixture |
| II | Methamphetamine | 5-49 grams pure or 50-499 grams mixture |
| II | PCP | 10-99 grams pure or 100-999 grams mixture |
| IV | Fentanyl | 40-399 grams mixture |
The next tier in punishment ranges involves the following offenses:
- First offense: 10 years – life in prison; if death or serious bodily injury occurs, the penalty is heightened to 20 years – life in prison. Up to $10 million fine.
- Second offense: 20 years – life in prison; if death or serious bodily injury occurs, life imprisonment. Up to $20 million fine.
- 2 or more prior offenses: Life imprisonment and a fine up to $20 million.
While these penalties seem severe, they are for the following drug quantities:
| Schedule | Substance | Quantity |
| I | Fentanyl Analogue | 100 grams or more mixture |
| I | Heroin | 1 kilogram or more mixture |
| I | LSD | 10 grams or more mixture |
| II | Methamphetamine | 50 grams or more pure or 500 grams or more mixture |
| II | PCP | 100 grams or purer or 1 kilogram or more mixture |
| II | Cocaine | 5 kilograms or more mixture |
| II | Cocaine Base | 280 kilograms or more mixture |
| IV | Fentanyl | 400 grams or more mixture |
Other Schedule 1 and Schedule II substances, any drug product containing Gamma Hydroxybutyric Aciden, and 1 gram of Flunitrazepam have the following punishment ranges:
- First offense: Up to 20 years in prison; if death or serious bodily injury, between 20 years in prison – life in prison. Up to $1 million fine.
- Second offense: Up to 30 years in prison; if death or serious bodily injury – life imprisonment. Fine up to $2 million.
Any amount of other Schedule III drugs have the following punishment ranges:
- First offense: Up to 10 years in prison; if death or serious bodily injury, up to 15 years in prison. Up to $500,000 fine.
- Second offense: Up to 20 years in prison; if death or serious bodily injury, up to 30 years in prison. Fine up to $1 million.
Any amount of all other Schedule IV drugs have the following punishment ranges:
- First offense: Up to 5 years in prison and up to $250,000 fine.
- Second offense: Up to 10 years in prison and up to $500,000 fine.
Any amount of all other Schedule V drugs have the following punishment ranges:
- First offense: Up to 1 year in prison and up to $100,000 fine.
- Second offense: Up to 20 years in prison; if death or serious bodily injury, up to 30 years in prison. Fine up to $1 million.
Marijuana and hashish contain the following punishment ranges based on quantity:
| Amount | Punishment |
| 1,000 kilograms or more mixture or 1,000 or more marijuana plants | First offense: 10 years – life in prison; if death or serious bodily injury, 20 years – life in prison. Fine up to $10 million Second offense: 20 years – life; If death or serious bodily injury, life in prison and fines up to $20 million. |
| 100-999 kilograms or 100-999 marijuana plants | First offense: 5 – 40 years in prison; if death or serious bodily injury, 20 years – life in prison. Fine up to $5 million.Second offense: 10 years – life in prison; if death or serious bodily injury, life in prison. Fine up to $8 million. |
| 50-99 kilograms or 50-99 marijuana plants | First offense: up to 20 years in prison; if death or serious bodily injury, 20 years – life in prison. Fine up to $1 million.Second offense: Up to 30 years in prison; if death or serious bodily injury, life in prison. Fine up to $2 million. |
| Less than 50 kilograms or 1-49 marijuana plants | First offense: up to 5 years in prison. Fine up to $250,000 Second offense: Up to 10 years in prison. Fine up to $500,000 |
Contact an Albuquerque Federal Drug Crime Attorney
If you have been charged with a federal drug charge, it is important to contact an experienced defense attorney right away. The federal drug charges are complex and contain a number of different charges and stipulations which our law firm can help you work through and understand. Our lawyers at the New Mexico Criminal Law Offices have 22 years of combined experience in handling federal drug charges and will work tirelessly to ensure we develop the best strategy for your case. Contact us today!
Ken and Jack proved to be diligent, ethical and hard working. They achieved our goals and were dedicated to my case. I would highly recommend Ken and Jack.
Highly recommend. Ken Gleria lived up to his excellent reputation. He proved to be completely honest with me and had my best interest at heart. Case dismissed in 4 months. He initially told me it would be about 6 months. Colleagues and staff outstanding as well. Will trust him again if the occasion should ever arise (hopefully not).
I unhesitatingly recommend this firm.Their knowledge of the law resulted in the dismissal of my case.In every instance they were there for me in communicating the status of my case, my calls were promptly returned, and Jackie, the paralegal, was very helpful. You will be in good hands.
Jack & his legal team are outstanding! Being a single mother, fighting for her fathers freedom, the front desk personally helped by watching my son as Jack & I sorted out legal matters. Jack went above & beyond to ensure paperwork was submitted in a timely manner, even if it meant traveling numerous miles to various court houses. Jack is highly educated and impressive in the courtroom. Jack remained patient as our family struggled to understand New Mexico’s broken law system. This year Jack has given us the greatest gift of them all, my father is home celebrating the holidays with his family. I would highly recommend Jack & his team for all of your criminal law needs.
