Someone I know is charged with conspiracy to sell drugs and money laundering. The drug weight is less than 50 grams. Is there a such thing as class d drug charges?
There isn't a class d drug charge. There is a Class D Felony, which means the maximum sentence is less than ten years but more than five. But, the charge and possible sentences depend not just on drug weight, but also drug type. Start with Title 21 U.S. Code, Section 841.
Robert David RichmanFederal Crime LawyerMinneapolis, MN ·
A class A felony has a maximum penalty of life. Class B 25 or more . Class C 10 to 25, Class D 5 to 10. Virtually no federal drug offenses are class D felonies. Just because they only seized 50 grams does not mean that that is the scope of the conspiracy. The total quantity of drugs could be based on witness testimony without any drugs seized. The money laundering, depending on the statute, has a maximum of 25 and is a class B felony. You should discuss this with a lawyer because I think you are heading down the wrong path in your analysis. 4
Jennifer J WirschingFederal Crime LawyerGlendale, CA ·
Not sure of your question. Could a drug charge be in zone D? Yes. Could it be in zone a,b, or C? Yes. Could a drug charge be a class D (less than 10 years statutory max? Yes.
The required drug weight is predicated upon the specific type of drug/controlled substance involved. The federal system does not have a drug weight which universally applies across the board for all drugs/controlled substances.
Your acquaintance should retain an experienced criminal defense lawyer if she/has has not already done so, or has not been appointed counsel by the federal court.
The "Class" of a drug offense in federal court does not matter as much as the weight of the drugs. I'm gonna guess that it's marijuana, in your friends case.