Buying vs. Selling Drugs: Penalties & Risks in 2024
Buying vs. selling drugs can lead to severe penalties, including up to 15 years in jail for possession. If you're arrested instead of the seller, the seller is likely an informant or undercover officer. The risks and penalties when buying or selling drugs can be harsh, especially with law enforcement involvement.
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Kimberly DelMonico
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Kimberly DelMonico is a licensed attorney in New York and Nevada. She received her law degree from William S. Boyd School of Law at University of Nevada, Las Vegas, and her undergraduate degree from New York University, where she studied psychology and broadcast journalism. In 2014, she founded BEinfluence.co, a Boutique Marketing Agency focused on Social Media Management, Influencer Marketing,...
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UPDATED: Dec 25, 2024
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Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.
UPDATED: Dec 25, 2024
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
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Buying vs. selling drugs can have very different consequences depending on the situation. The penalties and risks when buying or selling drugs depend on whether law enforcement sees you as a buyer or a dealer.
If you’ve been arrested for buying drugs while the dealer walked away, it’s usually because either the seller might be a confidential informant or they could be an undercover officer.
If it turns out the seller was working with law enforcement, you may have a defense to challenge the charges or explore potential legal defenses for a drug possession charge.
Unsure how the law views buying vs. selling drugs in your state? Find out below and get free legal advice from an experienced attorney by entering your ZIP code.
- Police may arrest buyers if the dealer is an informant or undercover cop
- Confidential informants assist law enforcement in exchange for reduced penalties
- Buyers can challenge arrests by requesting the seller’s identity
Confidential Informant Explained
Everyone accused of a crime has the right to subpoena all witnesses to the crime to call in their defense. If the seller was a law enforcement agent, that means the police officers have asked them to sell drugs, and they, of course, will want to protect the drug dealer’s identity (Read More: My Legal Rights as a Subpoenaed Witness).
This by itself is fine, as there’s nothing wrong with police using a confidential informant. It is done all the time. However, a “confidential” police agent who witnesses a crime loses his right to confidentiality – the right to subpoena a witness in their defense is a constitutional right.
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Drug Informants and Their Roles
This brings us to the broader question many people ask, “What is a drug informant called?” These individuals, also known as “confidential informants” (CIs), are critical to law enforcement operations.
CIs are often individuals facing legal troubles themselves, and they agree to assist police in exchange for reduced sentences or immunity.
Their work includes:
- Providing inside information on drug operations.
- Participating in undercover deals to collect evidence.
Informants can be really useful, but their credibility can be a problem in court. Sometimes, the evidence they give could lead to charges based on constructive possession of a controlled substance, meaning you could be charged with having drugs even if you didn’t physically have them. That’s why it’s so important to have other supporting evidence.
Police Selling Drugs
Can the police sell you drugs? In certain situations, yes. This usually happens when they’re working undercover to catch drug dealers.
If you are arrested in one of these situations, it’s important to know your rights. Here’s how legal defense often addresses these situations:
- Motion to Discover the Seller’s Identity: A skilled criminal defense lawyer may file a motion requesting the disclosure of the seller’s identity, especially if they were a confidential informant or undercover officer.
- Judicial Review: Judges evaluate these motions to determine if revealing the informant’s identity is necessary for a fair trial. If approved, the defense can subpoena the seller for testimony.
- Dismissal of Charges: In some cases, if law enforcement prioritizes protecting its informants, it may dismiss charges against the buyer rather than risk exposing its undercover operations.
While law enforcement’s involvement in drug sales is legal within the context of undercover work, the constitutional rights of the accused—such as the right to face their accuser—play a significant role in how cases are handled.
Shaheen F. Manshoory Criminal Defense Lawyer
One thing to note, though, is that states differ in their informant identity rules. For instance, in California and Texas, courts usually protect informants, while in New York and Florida, they are more likely to allow disclosure to ensure fairness in court.
Drug Trafficking Defined
What classifies as drug trafficking? Many people often confuse drug trafficking with drug dealing. But they’re actually different. So, what’s the difference between drug dealing and trafficking? Drug trafficking, a common federal crime, involves the movement of large quantities of drugs across state or national borders.
Traffickers are generally involved in the transportation and distribution of drugs on a large scale, making it a more serious offense with severe penalties.
On the other hand, drug dealing usually refers to the sale of smaller amounts of drugs at a local level. Dealers often engage in smaller, less organized operations, typically aiming for personal gain. In contrast, trafficking is a more expansive operation that requires coordination, logistics, and a network.
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Minimum Sentence for Drug Trafficking in the U.S.
When people ask, “What is the minimum sentence for drug trafficking in the U.S.?” they’re usually curious about how the law handles different drugs and the severity of the penalties in various states. Drug trafficking typically involves the illegal distribution, sale, or transportation of controlled substances. It’s a serious crime, and each state has its minimum sentencing guidelines depending on the type of drug involved.
Here’s a table showing the minimum sentence for drug trafficking across different states and the types of drugs involved:
State-by-State Minimum Sentences for Drug Trafficking and the Drugs Involved| State | Drug Involved | Minimum Sentence |
|---|---|---|
| Alabama | Cocaine, Methamphetamine, Heroin | 10 years to life for large quantities |
| Alaska | Marijuana, Cocaine, Methamphetamine | 5 years to life, varies by quantity |
| Arizona | Marijuana, Cocaine, Heroin | 5 years minimum for 2 lbs or 1 kg |
| Arkansas | Methamphetamine, Cocaine, Heroin | 10 years minimum for large quantities |
| California | Marijuana, Cocaine, Methamphetamine | 5 years for large quantities |
| Colorado | Marijuana, Cocaine, Methamphetamine | 8 years minimum for significant quantities |
| Connecticut | Cocaine, Heroin, Marijuana | 15 years for large-scale trafficking |
| Delaware | Cocaine, Heroin, Methamphetamine | 10 years minimum for specified thresholds |
| Florida | Cocaine, Heroin, Methamphetamine, Marijuana | 15 years to life, depends on quantity |
| Georgia | Cocaine, Methamphetamine, Heroin | 10 years for significant amounts |
| Hawaii | Marijuana, Cocaine, Methamphetamine | 10 years for large-scale trafficking |
| Idaho | Methamphetamine, Cocaine, Heroin | 5 years minimum for significant quantities |
| Illinois | Cocaine, Heroin, Methamphetamine | 6 years minimum for large trafficking amounts |
| Indiana | Methamphetamine, Cocaine, Heroin | 10 years for large trafficking quantities |
| Iowa | Methamphetamine, Cocaine, Heroin | 10 years minimum for significant amounts |
| Kansas | Cocaine, Methamphetamine, Heroin | 5 years for trafficking above 100 grams |
| Kentucky | Cocaine, Methamphetamine, Heroin | 5 years minimum, higher for larger quantities |
| Louisiana | Methamphetamine, Cocaine, Heroin | 10 years to life, varies |
| Maine | Cocaine, Heroin, Methamphetamine | 4 years for large quantities |
| Maryland | Heroin, Cocaine, Marijuana | 5 years minimum for large-scale trafficking |
| Massachusetts | Cocaine, Methamphetamine, Heroin | 10 years for large trafficking |
| Michigan | Cocaine, Heroin, Methamphetamine | 7 years minimum for significant quantities |
| Minnesota | Cocaine, Methamphetamine, Heroin | 10 years for substantial amounts |
| Mississippi | Cocaine, Methamphetamine, Heroin | 10 years to life for trafficking |
| Missouri | Cocaine, Heroin, Methamphetamine | 10 years minimum for significant amounts |
| Montana | Marijuana, Cocaine, Methamphetamine | 5 years for large drug trafficking |
| Nebraska | Cocaine, Methamphetamine, Heroin | 5 years for significant amounts |
| Nevada | Marijuana, Cocaine, Methamphetamine | 15 years for larger trafficking quantities |
| New Hampshire | Cocaine, Heroin, Methamphetamine | 10 years for large quantities |
| New Jersey | Cocaine, Methamphetamine, Heroin | 5 years to life depending on quantity and drug |
| New Mexico | Cocaine, Methamphetamine, Heroin | 5 years for 100g+ trafficking |
| New York | Cocaine, Heroin, Marijuana | 9 years minimum for significant quantities of drugs |
| North Carolina | Cocaine, Heroin, Methamphetamine | 10 years minimum for large trafficking quantities |
| North Dakota | Cocaine, Methamphetamine, Heroin | 5 years minimum for trafficking above thresholds |
| Ohio | Cocaine, Heroin, Methamphetamine | 10 years for significant trafficking amounts |
| Oklahoma | Methamphetamine, Cocaine, Heroin | 10 years for trafficking significant amounts |
| Oregon | Marijuana, Cocaine, Methamphetamine | 10 years for large trafficking quantities |
| Pennsylvania | Cocaine, Heroin, Methamphetamine | 10 years minimum for trafficking above thresholds |
| Rhode Island | Heroin, Cocaine, Methamphetamine | 15 years based on quantity |
| South Carolina | Cocaine, Methamphetamine, Heroin | 10 years for substantial trafficking |
| South Dakota | Cocaine, Heroin, Methamphetamine | 5 years for significant trafficking quantities |
| Tennessee | Cocaine, Methamphetamine, Heroin | 15 years to life depending on quantity |
| Texas | Cocaine, Methamphetamine, Marijuana | 25 years minimum for large trafficking quantities |
| Utah | Methamphetamine, Cocaine, Heroin | 5 years minimum for trafficking significant amounts |
| Vermont | Marijuana, Cocaine, Heroin | 5 years for trafficking large amounts |
| Virginia | Cocaine, Methamphetamine, Heroin | 10 years for large trafficking |
| Washington | Marijuana, Cocaine, Methamphetamine | 5 years for large quantities |
| West Virginia | Methamphetamine, Cocaine, Heroin | 10 years for significant trafficking |
| Wisconsin | Cocaine, Heroin, Methamphetamine | 5 years minimum for large trafficking amounts |
| Wyoming | Methamphetamine, Cocaine, Heroin | 5 years for trafficking over specific thresholds |
Each state has varying laws based on the weight of the drugs and whether they’re considered simple possession or trafficking offenses.
Many states also have specific penalties for trafficking in certain controlled substances like methamphetamines, fentanyl, and heroin, which are often treated with greater severity. Some individuals facing these charges try becoming a confidential informant to reduce drug charges, but it’s not without risks and needs careful thought.
Penalties and Risks When Buying or Selling Drugs
When it comes to buying or selling drugs, the legal consequences can vary dramatically. The type and amount of the drug, along with the circumstances of the case and your state’s laws, will play a big role in what charges you face.
The penalties often vary based on whether you were caught in a minor drug transaction or connected to a more extensive criminal operation.
Understanding the possible penalties for each situation is key to realizing how serious these charges can be.
Buying drugs
When you purchase drugs, you are committing a crime known as possession. How long is a sentence for possession? The penalties for this offense depend on the drug involved, how much you’re caught with, and whether it’s your first offense.
Possessing a small amount of drugs might result in a misdemeanor charge, but larger amounts or drugs like heroin, methamphetamine, or fentanyl can elevate the offense to a felony.
Here’s a breakdown of possible consequences:
- Fines: Drug possession fines can range from a few hundred dollars to thousands, depending on the severity of the offense.
- Jail Time: First-time offenders might face less severe sentences (a few months in county jail), but repeated offenses or larger quantities can result in state or federal prison sentences. For example, possession of heroin or cocaine could lead to a minimum of 3 to 30 years behind bars in states like California and Florida.
- Probation or Parole: In some cases, buyers, especially first-time offenders, may be sentenced to probation instead of prison.
Selling drugs
Do cops care about small drug dealers? Yes, cops do care about small drug dealers. Even though their focus may often be on more significant operations, selling drugs—even in small quantities—can still lead to serious consequences. Here’s what you could face:
- Fines: You could face fines as high as $250,000 for an individual or $1 million for trafficking organizations.
- Jail Time: Depending on the drug and quantity, sentences can range from several years to 10+ years for serious drugs like fentanyl or meth.
- Harsher Penalties: If you’re caught trafficking drugs across state lines or as part of a more extensive network, mandatory minimum sentences can apply, such as 5 to 10 years for certain drug trafficking offenses.
Each state handles drug-related offenses differently, meaning the penalties can vary significantly based on where you live. Many states have mandatory minimum sentences for certain types of drug offenses, and federal law can also impose harsher penalties in some instances, especially if large amounts of drugs or trafficking are involved.
Read More: New York Criminal Sentencing Guidelines For Drug Possession or Sale
The table below breaks down the minimum sentences for drug trafficking across different states, showing the different penalties based on the type of drug and the quantity involved.
General Overview of Drug-Related Penalties by State| State | Drug Type | Amount | Type of Felony | Buyer Penalties | Seller Penalties |
|---|---|---|---|---|---|
| Alabama | Controlled Substances | Any amount | Class D Felony | 1–5 years imprisonment; fines up to $7,500 | Higher degree felony; longer imprisonment; higher fines |
| Florida | Marijuana | >20 grams | Third-Degree Felony | Up to 5 years imprisonment; fines up to $5,000 | Up to 5 years imprisonment; fines up to $5,000 |
| Georgia | Schedule I or II Drugs | Any amount | Felony | 1–15 years imprisonment; fines vary | 5–30 years imprisonment; higher fines |
| Texas | Cocaine | <1 gram | State Jail Felony | 180 days to 2 years state jail; fines up to $10,000 | 2–20 years imprisonment; fines up to $10,000 |
| California | Methamphetamine | <1 ounce | Misdemeanor | Up to 1 year in county jail; fines | 2–4 years imprisonment; fines |
What percentage of drug dealers go to jail? In 2021, 74% of federal drug trafficking offenders received prison sentences, and 44.6% of them received sentences of 5 years or more.
Case Studies: Understanding Drug Buyer Arrests and Police Informants
It’s not always easy to understand how drug-related arrests work. These case studies shed light on common scenarios, the role of confidential informants, and how legal defenses can unfold in these situations.
Case Study 1: The Role of Confidential Informants
John, a drug buyer, was arrested during a drug transaction. To his surprise, the police arrested him instead of the drug dealer. Confused about the arrest, John sought legal advice to understand the situation better. He learned that the seller was likely a confidential informant for the police, and their identity was being protected. Understanding the concept of confidential informants helped John grasp the reasons behind the police’s actions.
Case Study 2: Challenging the Police Informant
Alice, another drug buyer, faced a similar situation where she was arrested while the drug dealer remained free. Determined to challenge the arrest, Alice’s lawyer brought a motion to discover the seller’s identity. The lawyer argued that, even if the seller was a confidential informant, Alice had the right to subpoena them as a witness in her defense.
Case Study 3: Assessing the Charges
Michael, a drug buyer, was arrested for drug offenses, but the police later dropped the charges. Wondering why the charges were dropped, Michael consulted an experienced criminal defense attorney. The attorney explained that the police might have chosen to drop the charges based on the type and amount of drugs involved in the deal and where the crime occurred.
Read More: Drug Possession With Intent to Distribute
Understanding the factors that influenced the police’s decision helped Michael take appropriate legal steps moving forward.
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Seeking Legal Help When the Police Arrest You for Buying Drugs
Depending on the type and amount of drugs involved in the deal and whether the crime was committed in public or private, the police may choose to drop the charges.
If you are arrested for a drug offense, it is important that you hire an experienced criminal defense attorney as soon as possible.
An arrest can have devastating consequences, including loss of a job, student loans, immigration status, family relationships, and even custody of your children.
The first step toward protecting yourself from these negative outcomes is hiring a lawyer with experience handling these types of cases. Enter your ZIP code to speak with a local criminal defense attorney today. Learn more about where to find a lawyer in our guide.
Frequently Asked Questions
Why did the police arrest me for buying drugs instead of the dealer?
If you were arrested for buying drugs instead of the dealer, it’s possible the police were targeting buyers in an undercover operation. In some cases, law enforcement might be using confidential informants or undercover officers to sell drugs as part of a sting.
How do police deal with drug dealers?
So, how do cops catch drug dealers? Police use various tactics, including undercover operations, surveillance, and informants. They may pose as buyers or sellers to gather evidence and dismantle drug networks. Once enough evidence is collected, law enforcement arrests and often tries to uncover larger suppliers. The ultimate goal is to disrupt the supply chain and prevent illegal drugs from entering communities.
What do police do with confiscated items?
Confiscated items, like drugs, weapons, and money, are carefully cataloged and stored as evidence, especially when proving drug possession is central to the case. Once the trial is over, illegal items like drugs are destroyed under strict supervision. Valuable assets, like cash or vehicles, may be seized and used to support law enforcement efforts.
What is drug police called?
Officers specializing in drug-related crimes are often part of narcotics units or task forces. In the U.S., agencies like the Drug Enforcement Administration (DEA) handle larger-scale investigations. Local law enforcement may refer to their drug-focused officers as narcotics detectives or agents.
How do you know if the police are looking for you?
It’s not always obvious if the police are looking for you. However, you might notice signs like officers contacting people you know, increased police presence near your home or workplace, or receiving court-related documents. If you suspect this, consulting an attorney can help clarify your legal standing and protect your rights.
How do you know if the DEA is investigating you?
While the DEA typically keeps investigations confidential, there are red flags to watch for. These might include sudden subpoenas, freezes on your financial accounts, or unexpected surveillance.
What qualifies something as a drug?
A drug is any substance that affects your body’s normal functions, from illegal substances like heroin or meth to prescription or over-the-counter medications. If you’re wondering, “What do police use to identify drugs?” They typically use tools like field test kits, trained drug-sniffing dogs, or lab analysis to determine the substance (Read More: Dangerous Drug Law).
How long does drug discovery take?
Drug discovery can vary depending on the complexity of the case and the methods used. On average, it takes 1–2 years for pharmaceuticals, but illegal drug busts depend on undercover operations, informants, or chemical testing, which might take weeks or months.
What are the red flags of drug dealers?
Common red flags of drug dealers include:
- High cash flow without a clear source of income.
- Frequent visitors at odd hours.
- Excessive security measures like cameras or guard dogs.
- Suspicious behavior, such as using slang or code words for transactions.
If you suspect illegal activity, law enforcement advises reporting anonymously rather than confronting individuals directly.
Do cops go after drug buyers?
Yes, law enforcement often targets drug buyers as part of undercover operations or investigations. While dealers are typically the primary focus, buying drugs is illegal, and police may arrest buyers to gather more information or protect the identity of informants or undercover officers.
Can you get in trouble for buying drugs?
So, can you get arrested for buying drugs? Yes, even for a misdemeanor. Buying illegal drugs is a crime, and if you get caught, you could face serious consequences. Depending on the drug and how much you have, you might be looking at jail time—anywhere from 1 to 6 years—and fines up to $10,000. Even small amounts of certain drugs can lead to charges.
If you’re facing charges, you might wonder, is it worth hiring a lawyer for a misdemeanor? In many cases, having legal representation can make a significant difference in the outcome of your case.
Why did the police let me go after finding drugs?
If the police found drugs but let you go, it could be because they didn’t have enough evidence to make an arrest, or they might have decided to focus on other leads. They could also release you temporarily while they continue their investigation. Talking to a lawyer is a good idea just to be safe.
What is the difference between a drug dealer and a drug trafficker?
A drug dealer typically sells illegal drugs on a smaller scale, directly to buyers, often at the street level. A drug trafficker, however, is part of a larger network, moving drugs across cities, states, or even internationally. Drug trafficking is considered one of the international crimes that involves crossing borders and is usually linked to organized criminal operations.
Traffickers deal with much larger quantities and face severe penalties, including long prison sentences and substantial fines.
What do cops do when they bust a party?
When cops bust a party, they typically break it up, order people to leave, and may issue citations or make arrests for illegal activities like underage drinking or drug use. They might also search for illegal items and confiscate anything unlawful.
Can a cop sell you drugs?
Can cops sell drugs? Technically, no, cops can’t just sell you drugs. But in some cases, like undercover operations, cops selling drugs could happen as part of a sting to catch real dealers.
What are slang words for drug dealers?
What is the most common name for a drug dealer? Some common slang words for drug dealers include “dealer,” “plug,” “pusher,” “supplier,” and “peddler.” It depends on the area and the type of drugs sold, but these are some of the most used terms.
How do you know if your dealer is a cop?
Wondering how to know if your dealer is a cop? While it can be tough to tell, there are some red flags to watch out for. If your dealer is too eager to set up meetings in unusual places, like places you wouldn’t typically expect a dealer to be, it could be a sign. People often wonder, do police officers have to tell you they are cops? They don’t, and law enforcement can use undercover officers or informants to catch buyers, making it risky.
What is a personal drug dealer called?
A personal drug dealer is sometimes referred to as a “plug” or “connect.”
What is the most trafficked drug?
The most trafficked drug worldwide is methamphetamine. However, cocaine and heroin are also major players in the illegal drug trade, depending on the region.
How do you spot drug trafficking?
Drug trafficking can be spotted through unusual behaviors like a lot of people coming and going from a location, large amounts of cash being exchanged, or suspicious packages being delivered. Law enforcement also looks for signs like frequent short-term visits, especially in places with little foot traffic.
What type of crimes does the Drug Enforcement Administration investigate?
The Drug Enforcement Administration (DEA) investigates drug-related crimes such as trafficking, distribution, manufacturing, and possession of illegal drugs. They also focus on operations related to the illegal production and smuggling of narcotics. Discover more about drug manufacturing charges and sentences in our detailed article.
What powers does the Drug Enforcement Administration have?
The DEA has the power to enforce federal drug laws, conduct investigations, and make arrests related to drug crimes. They also have the authority to seize drugs, money, and assets linked to drug trafficking, as well as work with other agencies to combat the drug trade both in the U.S. and internationally.
My dealer got busted, should I be worried?
What happens when your drug dealer gets busted? If your drug dealer was arrested, it’s possible you could be questioned or face legal consequences. However, much depends on the situation. You may not face charges if you weren’t directly involved in selling or distributing. Still, it’s a good idea to consult a lawyer to understand your rights. Enter your ZIP code to speak with a criminal defense attorney who can assess your situation and help you understand any potential legal risks or charges.
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Kimberly DelMonico
Licensed Attorney
Kimberly DelMonico is a licensed attorney in New York and Nevada. She received her law degree from William S. Boyd School of Law at University of Nevada, Las Vegas, and her undergraduate degree from New York University, where she studied psychology and broadcast journalism. In 2014, she founded BEinfluence.co, a Boutique Marketing Agency focused on Social Media Management, Influencer Marketing,...
Licensed Attorney
Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.