Facts: In December 2009, popular Jamaican reggae singer and Grammy nominee Buju
Banton was videotaped under police surveillance allegedly entering a Sarasota warehouse
and being shown 20 kilos of cocaine that was stashed in secret compartments of a car. Buju
and an acquaintance, Ian Thomas were seen sampling the drug and negotiating a price
to buy them for several hours. They then left and Thomas returned a call to the source
the next day to purchase 15 of the kilos of cocaine.

In another meeting with the source, Thomas informed them that “his group” wanted to purchase 5 or more kilos at a later time and informed the source that he had a “crew member” in the parking lot with $125,000 cash. After returning to the warehouse, the undercover source inspected the cash and gave Thomas 7 kilos of cocaine. Thomas was then arrested while Buju Banton was simultaneously arrested in Miami.

Both were charged with conspiracy to possess cocaine with intent to distribute 5 or more kilos of cocaine.

Rule: According to the Controlled Substances Act, 21 U.S.C. § 841 (2007), it is “unlawful for any person knowingly or intentionally (1) to manufacture, distribute, or dispense, or possess with intent to distribute, or dispense, a controlled substance; or (2) to create, distribute, or dispense, or possess with intent to distribute or dispense, a counterfeit substance.”

If convicted of a violation in which “5 kilograms or more of a mixture or substance containing
detectable amounts” of “cocaine” is involved, the penalty is a minimum or 10 years to life in
prison. However, if the individual charged has a prior felony drug conviction, such as the case
with Buju Banton, the penalty is raised to 20 years to life in prison.

The Controlled Substances Act also “prohibits the attempt or conspiracy to commit any offense
set forth therein,” 21 U.S.C. § 846. Under this act, “conspiracy” constitutes “an agreement
between two or more parties…irrespective of whether an overt act is committed by any of the
conspirators in pursuance of the agreement.”

Analysis: Buju Banton was correctly charged with conspiracy to possess cocaine and
with intent to distribute 5 or more kilos of cocaine. Police video surveillance reveals
well-documented evidence that Banton knowingly met with a distributor of cocaine with
the intent to possess and/or distribute the cocaine by tasting the drug and negotiating
a purchasing agreement for 15 kilos. The original agreement, and the later agreement
to purchase additional cocaine, between the source and Banton/Thomas satisfies
the “agreement between two or more parties” element of the conspiracy charge.

Buju Banton’s sentencing range, because he has a prior felony drug conviction for marijuana
possession - stemming from a 2003 arrest in which a drug raid revealed fully-grown marijuana
plants in the singer’s studio – is 20 years to life imprisonment.

Takeaway: This recording artist is sure making a record for himself. Known as an icon in
the reggae world, with a Grammy nominated album, Buju Banton is also becoming known
for an increasingly long rap sheet. In his 2003 arrest, Banton claimed the marijuana he
possessed was for “spiritual purposes as a practicing Rastafarian,” what will his excuse be
this time?

Criminal defense lawyer, David Rowe, made the following statement regarding Banton’s 2009
arrest: “Hopefully, the federal government will take into account that he is a reggae icon, and
a cultural leader in Jamaica. Those are subjective factors but ones that should be taken into
account. He really has been a source of inspiration for so many Jamaican youths.”

Well, if that is the case let him he a source of inspiration – an example of why you shouldn’t
involve yourself in a life of drugs. Let them see that even if you do rise above, you cannot rise
above the law. Give him the justice he deserves and not “celebrity justice.”