A drug trafficking charge in California is a serious offense. Typically, they fall under the California Health and Safety Code and are handled in state court.
However, some cases trigger federal involvement. Convictions of federal drug trafficking charges often result in mandatory minimum sentences and harsher penalties. Therefore, it’s critical to understand what can shift a case from state court to federal court.
Aggressive prosecution
Local police departments, county task forces and state agencies usually investigate drug trafficking cases. Federal agencies such as the DEA, FBI, Homeland Security or the U.S. Postal Service may step in when certain factors are involved, such as:
- Transportation across state or national borders: It doesn’t matter whether the drugs were driven, flown or shipped; if they cross from California into another state or country (or vice versa), the federal government will typically claim jurisdiction under the Controlled Substances Act.
- Using the postal system or private carriers: The U.S. Postal Service is a federal agency. Carriers, such as UPS, FedEx and DHL, are privately owned but must comply with federal regulations. Even a single mailed package can result in a federal court case.
- Large quantities: Federal prosecutors go after large-scale cases, including:
- Multi-pound quantities of cocaine, fentanyl, heroin or meth
- Distribution networks involving multiple people
- Drug manufacturing labs
- Cartel-related activity
- Firearms: If guns, assault weapons or large quantities of ammunition are discovered during a trafficking investigation, it increases the probability of the case being prosecuted in federal court.
- Federal property: If drug activities occur in national parks, military bases or federal buildings, they may automatically fall under federal jurisdiction.
Federal drug trafficking charges are more aggressively prosecuted than those in state courts. Federal prosecutors are considered to be tough and tenacious. If you suspect your drug trafficking case might trigger federal involvement, it’s crucial to contact a legal representative. Early intervention may prevent charges or limit the scope of the investigation.
