Conspiracy is defined as an agreement between two or more people to commit a crime. Generally, anyone who conspires to commit any drug-related crime will be punished as though he had committed the actual crime.

In establishing a drug conspiracy, the government must prove three elements. First, the government must prove that there was an agreement to violate a drug law. Second, it must be shown that each alleged conspirator knew of the agreement and intended to join the conspiracy. Third, there must have been at least one act in furtherance of the intended conspiracy. Circumstantial evidence may be enough to prove each of these elements.

Federal law makes it illegal to knowingly or intentionally manufacture, create, or distribute controlled substances. It is also illegal to possess these substances with the intent to manufacture or distribute. The penalties depend largely on the amount of the drugs that were seized. Generally, a drug conviction of one or more kilograms of heroin, 5 or more kilograms of cocaine, 10 grams or more of LSD, 1,000 kilograms or more of marijuana, or 50 grams or more of methamphetamine will result in a 10 year to life sentence. If death or serious bodily injury occurs, a conviction can mean 20 years to life and a fine of up to $4,000,000 for an individual. Penalties generally double for those with a prior felony drug conviction.

Lesser amounts of drugs carry a less severe sentence. A conviction of 100 grams or more of heroin, 500 grams or more of cocaine, 1 gram or more of LSD, 100 kilograms or more of marijuana, and 5 grams or more of methamphetamine will receive a sentence of 5 to 40 years. If death or serious bodily injury occurs, a conviction will result in a 20 year to life sentence with a possible $2,000,000 fine. A prior felony drug conviction will generally increase the sentence. It is not necessary for the defendant to know what type of drug he possesses. The government only needs to show that the defendant knew it was a controlled substance.

Federal law also prohibits having a place where drugs are made or kept. Specifically, it is illegal for a person to knowingly open, lease, rent, use, or maintain any place for manufacturing, distributing, or using any controlled substance. A conviction under this law will result in a sentence up to 20 years and a fine of $500,000.

A conviction under these drug laws could also result in the forfeiture of property. Any property making up proceeds or derived from proceeds of drug-related crimes will be forfeited. In addition, any property which was used or intended to be used to commit or facilitate such a crime will be forfeited. A person convicted of engaging in a criminal enterprise will also forfeit any interest or rights in the continuing criminal enterprise. Property generally includes land, personal property, privileges, interests, and securities. It should be noted that there are legal steps that can be taken in an attempt to prevent forfeiture.

In defending allegations of conspiracy or other federal drug crimes, a defense attorney has many options. First, the government must prove every element of the crime as charged. There can be no conviction if the government cannot prove every element beyond a reasonable doubt. For instance, conspiracy requires that the defendant voluntarily participate in the alleged conspiracy. If the government fails to show that the defendant participated, there can be no conviction.

Another line of defense in most drug cases is to determine whether the search and seizure which led to the discovery of drugs or currency was legal. If evidence was discovered in a vehicle, the attorney will have to determine if the officer who stopped the vehicle had cause to do so. It will also have to be determined if the officer had cause to search the vehicle, or if voluntary consent was given by the accused. If drugs were discovered in a home, an attorney will have to verify that the search was based upon a valid search warrant or other probable cause or consent. If the police violated a person's rights, a judge may be forced to suppress any evidence that was seized.

Many other potential defenses are available to a person accused of a drug conspiracy or a substantive federal drug crime. If you have been charged with a federal drug crime such as conspiracy, you need the assistance of an experienced federal criminal lawyer who will defend your legal rights. Our firm has successfully represented clients charged with federal drug conspiracy and related offenses for many years.

The information provided above is a very general summary of the law regarding this particular legal issue at the time this text was prepared. Because this analysis is subject to change depending upon recent cases and developments, you should not rely on this summary as legal advice. As with any important legal question, you should always consult with a lawyer licensed to practice in your jurisdiction. Our lawyers are licensed to practice in all Georgia state and federal courts.