Many people have been advocating for a long time for stricter drug laws, while others have advocated for rehabilitation in exchange for more lenient or non-existent sentence. However, the Trump administration is now suggesting that the best way to win the war against drugs, particularly the opioid epidemic, is to give drug dealers the death penalty. The White House has stated that Trump drew his inspiration from Singapore’s policy that gives the death penalty to drug dealers.
At a White House summit earlier in March, President Trump referenced other countries that have less of a drug problem than the U.S. due to their tough penalties, “the ultimate penalty.”
What Current Federal Laws Say
Current federal drug trafficking laws state that the death penalty can be used in drug cases, but only if any of the following exist:
- A firearm is used in a drug-related murder
- Death results from a drug-related drive-by shooting
- Murder is committed while trafficking drugs
- A law enforcement officer is killed in a drug-related incident
The Proposed Law
The Trump administration states that the proposed law targets drug traffickers, transitional criminal organizations, and violent street gangs. A memo to United States Attorneys from the Office of the Attorney General states that “federal prosecutors must consider every lawful tool at their disposal.” The memo goes on to say that this includes having an opioid coordinator in every district, the use of criminal and civil remedies available under federal law that will hold the manufacturers of opioids and opioid distributors accountable for illegal practices, and full utilization of the data analysis of the Opioid Fraud and Abuse Detection Unit should take place.
The proposal states that the death penalty would be sought in the following:
- Certain racketeering activities
- Death by firearm resulting from a drug trafficking crime
- Murder in furtherance of a continuing criminal enterprise
- Dealing extremely large quantities of drugs.
In addition, the Trump administration has suggested the death penalty should be imposed on drug traffickers trafficking in large amounts of fentanyl. Opponents, however, state that making fentanyl-trafficking a capital crime could lead to a range of unintended consequences, such as addicts being forced “underground.”
Some experts feel that addicts will be afraid and be less likely to seek treatment, which could exacerbate the crisis and the number of opioid-related deaths.
Drug Trafficking Laws In Minnesota
Under Minnesota state law, a person can be charged with first-degree drug trafficking if in possession of a certain quantity of controlled substances. Possessing at least 25 grams of cocaine, 100 grams of marijuana, 500 grams of any other narcotic is first-degree drug trafficking. Selling at least 200 doses of a hallucinogen, 50 grams of cocaine, 50 grams of meth, or 50 kg of marijuana are also considered first-degree drug trafficking. Manufacturing meth in any amount is also first-degree trafficking. The penalty as it stands at this time is a fine of up to $1 million and up to 30 years in prison.
If you or a loved one has been charged with a drug trafficking-related crime, it’s imperative to seek the representation of an experienced drug trafficking defense attorney. Call Kevin DeVore at 651-435-6500.
Posted 23rd March 2018 by DeVore Criminal Defense