NCJ Number
118808
Date Published
1988
Length
91 pages
Annotation
This chapter discusses various aspects of drug trafficking offenses.
Abstract
The discussion first distinguishes between using and selling in the marketing of marijuana and heroin, followed by a review of the structure of the cocaine industry. The latter addresses production, export, distribution, and money processing. The examination of a court case involving the charge of possession of marijuana for sale or distribution focuses on the constitutionality of a statutory provision that mandates conviction for sale and distribution based solely on evidence as to the quantity of a drug possessed. Another case considered pertains to whether joint purchasers and possessors of a controlled substance who intend to share it between themselves as users may also be guilty of possession with intent to distribute. Among the issues considered in the charge of selling a controlled substance is the New York rule that one who acts solely as the agent of a purchaser of narcotics cannot be convicted of the criminal sale of a controlled substance. Other cases considered pertain to issues in aggravated drug sales, sale to minors, attempted and counterfeit sales, cultivation and manufacture, transportation and forfeiture, lesser-included offenses and multiple convictions, Federal and State prosecutions, conspiracy, and smuggling.