The Conspiracy of Drug Weight and the Case of MDLEA Defendants

Abstract The federal sentencing guidelines for drug trafficking offenses use the metric of drug weight as a proxy for culpability in determining the seriousness of the offense. In light of the insights offered by McSweeney et al. in their report (in this issue) on the over-punishment of “boat defendants,” this article details how drug weight fails as a metric of culpability. I first outline how drug weight generally works in the context of federal drug case sentencing, including the different kinds of weight that can get counted against a given defendant. I then highlight the problems with its operationalization in practice, including the opportunities it engenders for abuse, thereby producing inequities and injustices. Finally, I examine the specific case of those charged under the Maritime Drug Law Enforcement Act (MDLEA), typically caught transporting large amounts of cocaine in boats and other vessels on the high seas, to show how these defendants represent the culmination of problems in elevating drug weight as a key sentencing criterion.