Title 21 Section 846 of the United States Code (USC) focuses on a person’s attempt or plan to violate any offense listed in Title 21 Section 841. The penalty for Title 21 U.S.C. Section 846 can be severe. As with all other federal drug laws federal violations of Title 21 USC Section 846 (21 USC 846) can be severe depending on the factors of a case, which is why it’s extremely important to consult with a legal professional if you are facing charges under these laws.
To better explain the gravity of 21 USC 846 we’ll need to look deeper into the details of the USC and supporting legislation before looking at the specific sentencing guidelines provided by the United States Sentencing Commission (USSC).
What is Title 21 of the USC?
Title 21 of the USC is a collection of laws that govern food, drugs, medical devices, and other products regulated by the Food and Drug Administration (FDA). Chapter 13 in particular focuses specifically on drug abuse prevention and control. Spanning around 170 sections, it’s the largest chapter in Title 21, which goes to show how complex federal drug charges and sentences are.
The Controlled Substances Act of 1970
As administered by the US Drug Enforcement Administration, the Controlled Substances Act classifies drugs and other substances based on their potential for abuse and medical applications. It does this by establishing five “schedules” or tiers, which range from highly addictive Schedule I substances (e.g., heroin) to low-level Schedule 5 substances (e.g., Motofen).
Title 21 USC 846 Meaning
In a nutshell, 21 USC 846 says if you try to commit a crime, or even just plan to commit a crime with someone else, you can be punished just as severely as if you’d committed the crime. Just because someone failed to commit the crime or was caught before getting to try makes no difference in the eyes of the US government. This is why 21 USC 841 and 21 USC 846 are some of the most commonly prosecuted drug statutes in America.
What are the sentencing guidelines for 21 USC 846?
The penalties for a Title 21 USC 846 felony vary based on the factors of the case but generally involve either fines, imprisonment, or both. Since 21 USC 846 says defendants can be punished as severely as if they’d successfully committed their crime, the same penalties from 21 USC 841 are used when sentencing someone under 21 USC 846.
What factors can influence sentencing guidelines?
While there are different levels to each of them, the three biggest factors the law focuses on when sentencing an individual are:
Quantity and Schedule of the Substance
Generally speaking, the larger the quantity and higher the Schedule of the substances in a case, the more severe the sentencing will be for those involved. For example, if a case involves just 100 grams of heroin, those involved could face a minimum of five years in prison. If, however, the substance was Fentanyl, only 40 grams need to be involved.
Prior Criminal History or Convictions
The prior history of an individual can play a big role in how they’re sentenced under 21 USC 846. For example, someone who would normally face five years in prison for a heroin conviction can instead face an additional 10-20 years if they have prior convictions.
Death or Serious Bodily Injury
Perhaps the most influential of these factors is whether or not the incident resulted in the death or serious bodily injury of someone. If so, the defendant(s) could face anywhere from 20 years to life imprisonment.
What are the sentencing guidelines for 21 USC 841?
As you can see, multiple factors can make even the simple question, “What is the minimum sentence for drug trafficking in the US?” difficult to answer. This is why the USSC regularly publishes primers on sentencing guidelines for drug charges. The updated 2023 primer gives the following guidance:
| Substance | Minimum of 5 Years in Prison | Minimum of 10 Years in Prison |
| Heroin | 100 grams | 1 kilogram |
| Cocaine | 500 grams | 5 kilograms |
| Methamphetamine | 5 grams (pure); 50 grams (mixed) | 50 grams (pure); 500 grams (mixed) |
| Fentanyl | 40 grams (pure); 10 grams (substitute) | 400 grams (pure); 100 grams (substitute) |
| Marijuana | 100 kilograms | 1 metric ton (1,000 kilograms) |
Again, these sentences can increase if there’s a history of qualifying convictions or the death of another person.
| Normal Mandatory Minimum | Qualifying Prior Conviction | Death or Serious Injury | Both |
| 5 Years | 10 years | 20 years | Life Imprisonment |
| 10 Years | One Conviction: 15 years
Multiple Convictions: 25 years |
20 years | Life Imprisonment |
Contact an Experienced Attorney
If you are facing federal drug charges or have questions about federal drug laws, don’t hesitate to seek the assistance of an experienced criminal defense attorney. With their knowledge, skills, and dedication, they can provide you with the best possible defense and work towards achieving the most favorable outcome for your case. Your future and rights are at stake, and having a qualified attorney can make all the difference in developing your federal drug case.
Schedule your FREE consultation today.