Drug Trafficking and Operating as a Major Trafficker in New York

A person may find themselves at risk of prosecution for Operating as a Major Trafficker if they act as the director of an organization that sells more than $75,000 worth of a controlled substance during a calendar year, or as a profiteer collects more than $75,000 worth of proceeds from the sales of a controlled substance.

Operating as a Major Trafficker is a felony under New York law. Because Operating as a Major Trafficker is a felony under New York law, it carries with it very severe consequences. 

The Legal Definition of Operating as a Major Trafficker

N.Y. Penal Law § 220.77, sets out the legal definition of Operating as a Major Trafficker. Operating as a Major Trafficker is a felony under state criminal laws.

The “elements” of Operating as a Major Trafficker are the things that the prosecutor must prove for you to be found guilty of this offense. Basically, for a defendant to be convicted in a criminal trial for Operating as a Major Trafficker under N.Y. Penal Law § 220.77, all the following must be true:

1. You must be involved in the illegal trafficking of a controlled substance; and
2. You must be involved in directing an organization that illegally collects proceeds extending $75,000 in value in a year from the sale of that controlled substance; or
3. You must profit at least $75,000 from the knowing and unlawful sale of a narcotic drug; or
4. You must knowingly and unlawfully possess a number of narcotic drugs that have an aggregate value of $75,000 or more.

Let’s delve a bit more deeply into these elements of the crime of assault to understand their meaning better.

Element #1: Controlled Substances and Narcotics

The definition of a controlled substance is any substance listed I, II, III, IV or V of Section 336 of the public health law other than marihuana. All ways in which an individual can be convicted of Operating as a Major Trafficker involve some form of narcotics or controlled substances.

For example, if Jim possessed 30 tablets of hydrocodone, then he could be found to possess a controlled substance.

Element #2: Illegal Possession

The definition of Illegal Possession is that the possession of the controlled substance must be in violation of the law. There are certain situations in which it is legal to possess a controlled substance.

If Jim from the above example had a legitimate prescription from a medical professional for his hydrocodone and they were for the treatment of a diagnosed condition, then he would not be found to be in illegal possession of the controlled substance.

In People v. Opris, the court noted that physicians could legally possess controlled substances for use in their professional practices. This is important because many controlled substances are legally prescribed to patients for legal, medical purposes.

Element #3: Participation and Direction in an Organization

The definition of Participation in an Organization is a group of individuals who come together to participate in a common goal. The definition of the direction of an organization is managing the business in some respect.

In People v. Rodriguez, it was held that four or more persons who came together to sell a controlled substance constituted an organization. It was also held in People v. Rodriguez, that managing the business in any respect was sufficient to be deemed a director.

If Jim from the above example had worked with his six friends to sell the hydrocodone and decided the areas in which they were to be sold, then he would be found to be a director of an organization.

Element #4: Value

Value in Operating as a Major Trafficker case can be determined by evidence.

In People v. Rodriguez, it was held that testimony as to the amount of a substance sold was sufficient to demonstrate that the value exceeded $75,000.

If instead of 30 hydrocodes, Jim from the above example had engaged in the sale of over 300,000 hydrocodone then it would likely be deemed that he was involved in the sale of a controlled substance exceeding $75,000 in value 

Related Offenses

Charges of Operating as a Major Trafficker may be brought in addition to, or in place of, charges for certain other related offenses, including:

Related Offense #1: Criminal possession of a controlled substance

The definition of Criminal Possession of a Controlled Substance is possessing a controlled substance without a legal right to do so.

Possession of any substance that is not legal to possess constitutes criminal possession of a controlled substance.

If Jim, from the above example, did not have a prescription for his pills then he could be charged with the criminal possession of a controlled substance.

Related Offense #2: Criminal sale of a controlled substance

The definition of Criminal Sale of a Controlled Substance is selling a controlled substance without a legal right to do so. Sale of any substance that is not legal to sell constitutes a criminal sale of a controlled substance.

If Jim, from the above example, did not have a valid pharmacist license and sold the pills then he could be charged with the criminal sale of a controlled substance.

Related Offense #3: Criminal use of a controlled substance

The definition of Criminal Use of a Controlled Substance is using a controlled substance without a legal right to do so. Use of any substance that is not legal to use constitutes criminal use of a controlled substance.

If Jim, from the above example, did not have a valid prescription to use his hydrocodone and did so regardless then he could be charged with the criminal use of a controlled substance. 

Impactful Cases

Operating as a Major Trafficker is a fairly recent offense enacted by the New York State Assembly in 2009. One of the most impactful cases has been People v. Rodriguez, from which many of our noteworthy holdings come. In that case, it was held that it was acceptable for the prosecutor to set the date range from the date that the law was enacted for purposes of the 12-month window of time.

Another noteworthy holding was that the accomplice testimony does not have to prove the commission of the crime, or directly link a defendant to a crime, or lead on its own to a determination of guilty. It can work with other presented evidence to prove such allegations.

People v. Rodriguez, also held that for the purposes of Operating as a Major Trafficker operating with a group of four or more people was sufficient to be found part of an organization. One other case that has given noteworthy rulings is People v. Guzman, which held that terms such as “drug kingpin” and “controlled substance” were not unconstitutionally vague. 

Investigating Agencies

Investigations and prosecutions for Operating as a Major Trafficker in New York are generally carried out by local police departments and prosecutors, and the New York Office of the Attorney General. Since these crimes involve exceptionally large quantities of controlled substances and money, the Federal Government will also be involved in investigating the case.

Agencies such as the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Federal Bureau of Alcohol, Tobacco, Firearms, and Explosives will possibly be involved. The US Office of the Attorney General may also be involved in the prosecution of the offense.

Since investigation for Operating as a Major Trafficker involves so many possible investigatory and prosecutorial agencies, it can be incredibly difficult to defend against such a charge. A skilled criminal defense attorney such as those at our firm understands how to handle investigations and will help ensure you have your best chance of ensuring your liberty.  

Penalties for Violating N.Y. Penal Law § 220.77 

Operating as a Major Trafficker is a felony. The potential penalties include:

The penalties for Operating as a Major Trafficker in most cases include long jail terms up to imprisonment for up to life without parole.

Sentencing Enhancements

There are no specific sentencing enhancements in NY Penal Law for Operating as a Major Trafficker. Your sentence will likely be proportional to your activity. Possible consequences involve up to and including life in prison and the requirement to relinquish all illegal funds. 

Additional Consequences

Operating as a Major Trafficker is an A-I felony under New York Law. It can carry with it the possibility of life in prison without the possibility of parole. If convicted, you face the possibility of spending the remainder of your life behind bars. Depending upon your immigration status you may also face the consequences including deportation and revocation of your green card.

You will also have all illegally gained funds taken from you by the State. A conviction also comes with a serious social stigma. If convicted you face the possibility of life behind bars, financial ruin, and serious consequences to your reputation.

Legal Defenses to Operating as a Major Trafficker

Nobody wants to go to jail or pay a fine—and nobody wants a conviction for Operating as a major trafficker. Such a conviction carries with it the possibility of life in prison without the possibility of parole. There are however several defenses that may be raised to fight charges of Operating as a major trafficker.

They include:

Defense #1: Possession of the Substance was Legal

One of the defenses for Operating as a Major Trafficker is that the defendant legally possessed the substance.

In People v. Opris, the court noted that physicians could legally possess controlled substances for use in their professional practices.

If Jim, from the above example, had been a physician in a hospital and in possession of large amounts of morphine for medicinal use then his possession would be legal under the act. Such legal possession would constitute a defense against operating as a major trafficker.

Defense #2: The Amount did not Meet or Exceed the Statutory Amount

The second defense for Operating as a Major Trafficker is that the defendant did not meet or exceed the statutory amount set in N.Y. Penal Law § 220.77.

Because the statute explicitly requires $75,000 or more for any conviction if it can be proven that less than that value was involved in the crime, then a defendant cannot be convicted for Operating as a Major Trafficker.

These are only some of the defense strategies a skilled defense attorney might employ in a case for a client who is charged with Operating as a Major Trafficker. Operating as a Major Trafficker charge can be extremely complicated to defend against, and a skilled criminal defense attorney can help significantly in preparing your defense.

Call us for help.

If you have questions about N.Y, Penal Law § 220.77 operating as a Major Trafficker or to discuss your case confidentially with one of our criminal defense attorneys, do not hesitate to contact us. Charges of Operating as a Major Trafficker are incredibly serious.

They are considered A-I felonies in New York and carry with them the possibility of life in prison without the possibility of parole. If convicted, it is possible that you will never be beyond bars for the remainder of your life. It is therefore critical that if you or a loved one are charged with Operating as a Major Trafficker that you contact a skilled criminal defense attorney immediately.

We have local criminal law offices in your area.