Federal Drug and Gun Laws

Federal laws contain harsh penalties for distributing controlled substances, especially if firearms are even remotely involved. For example, any person who possesses with intent to distribute five grams of crack cocaine is subject to a mandatory sentence of five years without parole. If a gun is available for use or is being carried during a drug transaction even if it is not used a mandatory five-year sentence must be imposed consecutively to a conviction for the drug offense. Thus, the person with five grams of crack cocaine with intent to distribute would receive a mandatory ten-year sentence without parole if there is a gun on the premises. In most circumstances, federal judges cannot depart from these mandatory sentences. Penalties for controlled substance offenses become even harsher as quantities of the contraband increase.