6.610 — TRAFFICKING OF A CONTROLLED SUBSTANCE (SCHEDULE I & SCHEDULE II)

Violations of "Statute 6.610" results in a Class C Felony

(a) Definitions

Trafficking of a controlled substance refers to the illegal manufacturing, distribution, or possession of controlled substances in quantities that exceed personal use, with the intent to sell or distribute. Specifically, trafficking of a controlled substance includes the unlawful transportation, sale, or distribution of drugs classified under Schedule I and Schedule II, such as heroin, cocaine, methamphetamine, and other similar substances. This charge is considered a serious felony due to the scale of distribution and the high potential for harm to public safety.

(b) Elements

To establish the offense of trafficking a controlled substance, the prosecution must prove beyond a reasonable doubt the following elements:

The defendant knowingly and intentionally transported, distributed, or sold a controlled substance.
The controlled substance was classified under Schedule I or Schedule II of the applicable drug laws (e.g., heroin, cocaine, methamphetamine, etc.).
The defendant possessed a quantity of the controlled substance that exceeded typical personal use, indicating an intent to distribute or traffic the substance.
The defendant knew or should have reasonably known that the substance they were trafficking was illegal and subject to regulation under controlled substances laws.

(c) Defenses

Defenses against a charge of trafficking a controlled substance may include:

The defendant did not possess, transport, or distribute the controlled substance, and there is insufficient evidence to prove their involvement.
The defendant was unaware that the substance in their possession was illegal or considered a controlled substance.
The defendant was coerced or under duress to transport or distribute the substance against their will or judgment.
The defendant did not have the requisite intent to distribute or traffic the substance and was merely in possession for personal use.
The defendant's rights were violated during the investigation, such as through an illegal search or seizure, leading to the exclusion of evidence.

(d) Aggravating Factors

The court may consider the following aggravating factors when determining the severity of the offense:

The defendant trafficked large quantities of a controlled substance, which suggests significant involvement in drug trafficking activities.
The trafficking involved crossing state lines or international borders, which could elevate the offense to a federal crime.
The defendant used dangerous or destructive means to traffic the substances, such as using firearms, explosives, or other weapons in the commission of the crime.
The defendant was found in possession of tools or equipment commonly associated with trafficking, such as scales, packaging materials, or large amounts of cash.
The trafficking operation involved or was targeted at minors, schools, or areas frequented by vulnerable populations.
The defendant has a history of involvement in drug trafficking or other serious criminal offenses, which may result in more severe penalties.

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Last updated 2 months ago

(a) Definitions

(b) Elements

To establish the offense of trafficking a controlled substance, the prosecution must prove beyond a reasonable doubt the following elements:

The defendant knowingly and intentionally transported, distributed, or sold a controlled substance.

The controlled substance was classified under Schedule I or Schedule II of the applicable drug laws (e.g., heroin, cocaine, methamphetamine, etc.).

The defendant possessed a quantity of the controlled substance that exceeded typical personal use, indicating an intent to distribute or traffic the substance.

The defendant knew or should have reasonably known that the substance they were trafficking was illegal and subject to regulation under controlled substances laws.

Defenses against a charge of trafficking a controlled substance may include:

The defendant did not possess, transport, or distribute the controlled substance, and there is insufficient evidence to prove their involvement.

The defendant was unaware that the substance in their possession was illegal or considered a controlled substance.

The defendant was coerced or under duress to transport or distribute the substance against their will or judgment.

The defendant did not have the requisite intent to distribute or traffic the substance and was merely in possession for personal use.

The defendant's rights were violated during the investigation, such as through an illegal search or seizure, leading to the exclusion of evidence.

(d) Aggravating Factors

The court may consider the following aggravating factors when determining the severity of the offense:

The defendant trafficked large quantities of a controlled substance, which suggests significant involvement in drug trafficking activities.

The trafficking involved crossing state lines or international borders, which could elevate the offense to a federal crime.

The defendant used dangerous or destructive means to traffic the substances, such as using firearms, explosives, or other weapons in the commission of the crime.

The defendant was found in possession of tools or equipment commonly associated with trafficking, such as scales, packaging materials, or large amounts of cash.

The trafficking operation involved or was targeted at minors, schools, or areas frequented by vulnerable populations.

The defendant has a history of involvement in drug trafficking or other serious criminal offenses, which may result in more severe penalties.