Trafficking and distribution are two common drug charges that deal with the illegal possession of a controlled substance. While the terms may seem interchangeable, they are very different offenses in the eyes of the law. Here are some of the crucial distinctions that separate drug trafficking and distribution.

Drug Trafficking

A charge of drug trafficking is filed when a suspect possesses a significant quantity of illegal drugs. Despite its name, trafficking doesn't automatically mean the drugs are being or will be transported, smuggled, sold, or dealt in any way; they just need to be in the suspect's possession. If the weight of the drug in one's possession exceeds a certain limit as defined by law, the offense is considered trafficking. Punishments are more severe with greater quantities.

Different drugs have different weight limits. For instance, in Ohio, cocaine possession that equals or exceeds 5 grams but is less than 10 grams is a fourth-degree trafficking felony. If law enforcement determines that it is unreasonable for a suspect to have a large amount of drugs solely for personal use, then trafficking charges can result.

Drug Distribution

While trafficking centers mainly on the weight of the drug, distribution is concerned with the physical movement of the drug from one location to another. This encompasses selling, transporting, or importing the substance in any way.

As is the case with trafficking, a suspect can be charged with distribution just for having an amount of drugs in their possession that exceeds the logical amount one would have for personal use. This suspicion is only furthered if the suspect is also holding a lot of cash or drug-dealing paraphernalia like scales or packaging materials. It would be reasonable for law enforcement to deduce that the drugs were being prepared for sale and distribution.

Penalties for drug trafficking and distribution are severe. They are impacted not only by the type of drug but also by circumstances like whether a suspect has past drug offenses or if a minor was involved in the possession or transportation of the substance. If you’re involved in such a charge, have an attorney build a defense and protect your rights. David S. Washington Jr. has been practicing criminal law in Butler County, OH, for more than two decades. He also offers representation in traffic offenses and personal injury claims. Schedule a consultation by calling (513) 751-1400. Visit his website to explore his practice areas.