Drug Conspiracy in Federal Court: What You Need to Know About 21 U.S.C. § 846

This broad and powerful statute is used to indict dozens of individuals at once in large-scale investigations. Even if your role was minor or if you never physically handled drugs, you could be exposed to decades in federal prison if convicted.

At Perlman Defense Federal Criminal Lawyers, we represent individuals in high-stakes conspiracy cases involving narcotics, controlled substances, and multi-defendant indictments across the country. This guide explains how drug conspiracy charges work under § 846, what defenses may apply, and what you can do if you’re under investigation or facing indictment.

What Is 21 U.S.C. § 846?

21 U.S.C. § 846 makes it a federal crime to conspire to violate any provision of the Controlled Substances Act… including manufacture, distribution, possession with intent to distribute, or import/export of drugs.

The statute reads:

“Any person who attempts or conspires to commit any offense defined in this subchapter shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy.”

In simpler terms: if you’re found guilty of agreeing to commit a federal drug crime, the penalty is the same as if you had actually committed the crime, even if the drug deal never happened.

Common Drug Conspiracy Scenarios

• A driver paid to transport a package or vehicle later found to contain narcotics
• A friend or roommate who answers the door during a controlled delivery
• A courier who picks up cash or drops off packages on behalf of someone else
• A person who makes phone calls or sends texts, setting up meetings or transfers
• A street-level dealer connected to a larger organization by intercepted communications
• A business owner who unknowingly rented space to an operator engaged in drug activity

Even if you never touched drugs or received proceeds, prosecutors may still argue that you were part of a criminal agreement.

What the Government Must Prove

To convict someone under § 846, federal prosecutors must prove:

1. There was an agreement between two or more people to violate federal drug laws
2. The defendant knowingly and voluntarily joined that agreement
3. The defendant knew the object of the conspiracy was illegal and intended to help achieve it

Importantly, there is no requirement that the conspiracy succeeded, that the defendant performed any overt act, or that drugs were actually recovered—only that an agreement and criminal intent existed.

Federal conspiracy law allows prosecutors to charge people based on:

• Text messages, emails, or phone calls
• Testimony from cooperating witnesses or co-defendants
• GPS or surveillance data showing patterns of conduct
• Presence at locations used for drug manufacturing or distribution
• Financial transactions linked to drug proceeds

Types of Drugs and Penalty Ranges

Examples:

• Cocaine (500g or more): 5–40 years (10–life with prior convictions)
• Heroin (100g or more): 5–40 years
• Methamphetamine (50g or more): 10 years to life
• Fentanyl (40g or more): 5–40 years
• Marijuana (100kg or more): 5–40 years (though often lower priority in current prosecutions)

Sentences increase substantially if:

• Death or serious injury results from use
• Firearms are involved
• The defendant has prior felony drug convictions
  

🔗 DEA – Federal Drug Trafficking Penalties

Sentencing Guidelines and Enhancements

Federal drug conspiracy cases are governed by the U.S. Sentencing Guidelines, which calculate offense levels based on:

• Type and quantity of drugs involved
• Role in the offense (e.g., organizer vs. minor participant)
• Use of violence, weapons, or threats
• Obstruction of justice or leadership enhancement
• Criminal history

Under the Guidelines, two people charged in the same conspiracy can receive very different sentences, depending on these factors.

Defenses to Federal Drug Conspiracy Charges

At Perlman Defense, we fight aggressively to challenge every element of the government’s case. In drug conspiracy prosecutions, common defenses include:

1. No Agreement
We argue that no criminal agreement ever existed. Being in proximity to others who engaged in illegal activity—or being “guilty by association”—is not enough to prove conspiracy.

2. Lack of Knowledge or Intent
We show that our client did not know about the drugs, was misled about the contents of a package or delivery, or was unaware of the illegal purpose behind a meeting or transaction.

3. Mere Presence or Unwitting Assistance
Being at the scene or helping with a task (like driving or making a phone call) without knowing it was part of a criminal operation is not sufficient to establish guilt.

4. Entrapment or Government Overreach
In undercover or sting operations, we challenge whether federal agents induced participation or fabricated the appearance of a conspiracy.

5. Challenging the Drug Quantity
We dispute the amount of drugs the government attributes to our client. This can significantly reduce exposure, especially in mandatory minimum cases.

6. Motions to Sever Co-Defendants
If the case involves multiple individuals, we may seek to sever our client’s trial to avoid prejudicial spillover from unrelated allegations.

7. Suppression of Evidence
We analyze whether evidence was obtained through unconstitutional searches or wiretaps, and file motions to suppress if appropriate.

Minor Role and Safety Valve Sentencing Options

• Minor or minimal role adjustment under U.S.S.G. § 3B1.2
• Safety Valve relief for low-level, nonviolent first offenders under 18 U.S.C. § 3553(f)
• Downward variances based on personal history, addiction, coercion, or other mitigating factors

We present evidence of rehabilitation, family support, military service, community involvement, and other positive traits to humanize our clients at sentencing.

What to Do If You’re Facing a § 846 Conspiracy Charge

If you’ve been indicted, arrested, or suspect you're under investigation for a federal drug conspiracy:

• Do not speak to federal agents—even if they say you're not the target
• Do not contact co-defendants or witnesses
• Do not delete texts, files, or phone data—this can lead to obstruction charges
• Preserve all records, receipts, and communications
• Retain a federal criminal defense lawyer immediately

Federal prosecutors build these cases over months or years—by the time you’re contacted, the government may already believe it has enough to convict. The earlier you involve experienced counsel, the more options you have to avoid indictment, reduce charges, or develop a winning trial strategy.

Contact Perlman Defense Federal Criminal Lawyers Today