Does a drug deal constitute a conspiracy to distribute drugs?

In a literal sense, any drug deal constitutes a conspiracy to distribute drugs, regardless of the quantity of drugs sold or of the intentions of the parties to engage in an extended criminal enterprise. See United States v. Parker, 554 F.3d 230, 234 (2d Cir. 2009) ("As a literal matter, when a buyer purchases illegal drugs from a seller, two persons have agreed to a concerted effort to achieve the unlawful transfer of the drugs from the seller to the buyer. According to the customary definition, that would constitute a conspiracy with the alleged objective of a transfer of drugs."). But our case law has created a narrow exception to the general conspiracy rule to exempt "mere" buyers and sellers, those who transacted illegal drugs but did not belong to

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