Understanding Federal Drug Conspiracy Charges

By Elena Marquez, JD

Federal drug conspiracy charges under 21 U.S.C. § 846 require proof of an agreement to violate federal drug laws. The government need not prove that every conspirator knew all details of the scheme — only that the defendant knowingly joined the conspiracy.

Elements of Drug Conspiracy

1. An agreement between two or more persons to violate federal drug laws
2. Knowledge of the conspiracy's existence
3. Voluntary participation in the conspiracy

Quantity Attribution

Drug quantity attribution is critical because it determines mandatory minimum exposure:

Sentencing Enhancements

Additional enhancements may apply for:

• Leadership roles (organizer, leader, manager, supervisor)
• Firearm possession during drug trafficking
• Distribution near schools or to minors
• Prior drug felony convictions

Pinkerton Liability

Under Pinkerton v. United States, conspiracy liability extends to reasonably foreseeable acts of co-conspirators committed in furtherance of the conspiracy — even if the defendant did not directly participate.

Defense Strategies

• Challenge the scope of the alleged agreement
• Contest attributed drug quantities with evidence of limited involvement
• Argue for safety valve eligibility to avoid mandatory minimums
• Seek severance from co-defendants with greater culpability
• Negotiate cooperation agreements when appropriate

Early defense strategy often focuses on challenging the scope of agreement and contesting attributed drug quantities.