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Federal Drug Conspiracy

Federal drug conspiracy is defined as an agreement between two or more individuals to violate a federal drug law. To prove that a person is guilty of federal drug conspiracy, the government must have sufficient evidence of two elements: (1) a partnership existed between two or people to violate a federal drug statute and (2) each offender was aware of the illegal agreement.

With drug crimes, either federal or state agencies may be involved in the criminal investigation process. However, regardless of who is involved, the consequences of a conviction for a drug crime are extremely serious if you are convicted. Penalties for any type of federal drug conspiracy include hefty fines and lengthy prison sentence. So, it’s important you obtain a skilled federal drug conspiracy attorney you can trust to defend you aggressively if you’re under investigation or have been arrested for the crime.

Federal Drug Conspiracy Attorney, TX | Bexar County

If you were arrested for federal drug conspiracy or are currently under investigation for a drug crime by the federal government, it is important to have your case evaluated immediately. Federal drug laws can be complex, and a skilled federal drug defense lawyer can protect your rights from the very beginning. San Antonio federal drug attorneys Gerald Goldstein and Cynthia Orr at Goldstein & Orr understand how trying this time is for you, which is why they want to help. Goldstein and Orr will use their experience as skilled criminal defense attorneys to your advantage.

The sooner you contact our legal team the sooner they can get to work on your case. To schedule a free, initial consultation, call (210) 226-1463 today. Goldstein & Orr defends clients throughout the State of Texas including Bexar County, Kendall County, Bastrop County, Kerr County, Kimble County, Blanco County, Comal County, Atascosa County, and Wilson County.


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What Constitutes Felony Drug Conspiracy?

Federal drug conspiracy can be generally defined as an agreement between two or more people to commit a drug crime. A conspiracy is like a partnership, but rather than a partnership to conduct legal business, it is a partnership with the intention of violating a federal drug law. A person can be charged with drug conspiracy even if the crime was not committed.

There are four types of drug conspiracy charges that fall under 21 U.S.C. § 841 and 21 U.S.C. § 952:

  • Manufacturing a controlled substance refers to the growing, processing, extracting or any other part of the process of producing illegal drugs.
  • Distributing a controlled substance refers to act of delivering drugs to another person.
  • Possessing a controlled substance with the intent to distribute it refers to the possession of a drug with the sole purpose of distributing it.
  • Importing a controlled substance occurs when a person enters an illegal drug into the United States.

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What is a Controlled Substance?

A controlled substance is a drug or chemical whose possession, use, and distribution is regulated or forbidden by the government because of its associated health risks. The Controlled Substances Act (21 U.S.C. § 841) classifies each drug into five “schedules” based on their potential for abuse and their medical benefits to society.

Listed below are several examples of controlled substances and their reflective Drug Schedules.

  • Schedule I drugs: Marijuana, Ecstasy, LSD, Heroin
  • Schedule II drugs: Morphine, Cocaine, Adderall, Vicodin, Oxycodone, and Ritalin
  • Schedule III drugs: Testosterone, anabolic steroids and Tylenol with codeine
  • Schedule IV drugs: Valium, Ambien, Valium, and Xanax
  • Schedule V drugs: Lyrica and cough suppressants

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Penalties for Federal Drug Conspiracy

Penalties for federal drug conspiracy crime vary widely depending on the type of controlled substance and the quantity of each drug involved. Drug conspiracy charges are serious, so it is important to review the crime’s penalties:

Marijuana conspiracy involving:      

  • 100kg or more – mandatory minimum 5 years of imprisonment, maximum sentence of 40 years
  • 1,000kg or more – mandatory minimum 10 years of imprisonment, maximum 40 years
  • No alleged amount – no mandatory minimum sentence, maximum up to 40 years

Heroin conspiracy involving:

  • 100g or more – mandatory minimum 5 years of imprisonment, maximum sentence of 40 years
  • 1kg or more – mandatory minimum 10 years of imprisonment, maximum sentence of 40 years

Cocaine (and “Crack” Cocaine) conspiracy involving:

  • 500g or more of cocaine, 28g or more of crack cocaine – mandatory minimum 5 years of imprisonment, maximum sentence of 40 years
  • 5kg or more of cocaine, 280g or more of crack cocaine – minimum 10 years of imprisonment, maximum life sentence

Methamphetamine conspiracy involving:

  • 5g or more – mandatory minimum 5 years of imprisonment, maximum sentence of 40 years
  • 50g or more – minimum 10 years of imprisonment, maximum life sentence
  • Less than 5g – no mandatory minimum prison sentence, 20-year maximum sentence

Opioids and GHB conspiracy

  • No mandatory minimum prison sentence, maximum sentence of 20 years

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Additional Resources

DEA: Drug Information – Follow the link provided to access the United States Drug Enforcement Administration (DEA) website to view important drug information. You can view relevant drug facts, drug scheduling, and penalties for federal drug trafficking. The page also discusses the Controlled Substances Act.

Very Well Mind: What is a Controlled Substance? – Access Very Well Mind, which is a publication that addresses mental health and wellness questions. The website offers an article that defines what is a controlled substance and the types of drugs that fall under each schedule.  You can also see the hotline number for Substance Abuse and Mental Health Services Administration (SAMHSA) National Helpline, which helps individuals struggling with substance abuse.


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San Antonio Federal Drug Conspiracy Lawyer, TX

At Goldstein & Orr, we are dedicated to protecting your freedom and rights. If you have been charged with federal drug conspiracy, it is important you exercise your right to legal counsel. Gerald Goldstein and Cynthia Orr are Federal drug defense attorneys in Texas with more 70 years of collective experience in criminal law. Their legal team have handled hundreds of federal drug conspiracy cases and know how to help Texans receive the most favorable case outcomes with the fewest possible long-term consequences.

Texas drug conspiracy attorneys Gerald Goldstein, Cynthia Orr, and their legal team serve individuals throughout the entirety of Texas including nearby counties such as Kerr County, Kimble County, Sutton County, Crockett County, Pecos County, Medina County, Wilson County, Hays County, Burnet County, and Live Oak County. Call (210) 226-1463 to take advantage of a free consultation today.


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