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Federal Trafficking Penalties
| DRUG/SCHEDULE
|
QUANTITY
|
PENALTIES
|
QUANTITY
|
PENALTIES
|
| Cocaine
(Schedule II) |
500 - 4999 gms mixture |
First Offense:
Not less than 5 yrs, and not more than 40 yrs. If death
or serious injury, not less than 20 or more than life. Fine
of not more than $2 million if an individual, $5 million
if not an individual
Second Offense: Not less than 10 yrs, and not more
than life. If death or serious injury, life imprisonment.
Fine of not more than $4 million if an individual, $10 million
if not an individual |
5
kgs or more mixture |
First Offense:
Not less than 10 yrs, and not more than life. If death or
serious injury, not less than 20 or more than life. Fine
of not more than $4 million if an individual, $10 million
if not an individual.
Second Offense: Not less than 20 yrs, and not more
than life. If death or serious injury, life imprisonment.
Fine of not more than $8 million if an individual, $20 million
if not an individual.
2 or More Prior Offenses: Life imprisonment
|
| Cocaine
Base (Schedule II) |
5-49 gms mixture |
50 gms or more mixture |
| Fentanyl
(Schedule II) |
40 - 399 gms mixture |
400 gms or more mixture |
| Fentanyl
Analogue (Schedule I) |
10 - 99 gms mixture |
100 gms or more mixture |
| Heroin
(Schedule I) |
100 - 999 gms mixture |
1 kg or more mixture |
| LSD
(Schedule I) |
1 - 9 gms mixture |
10 gms or more mixture |
| Methamphetamine (Schedule II) |
5 - 49 gms pure or 50 - 499 gms mixture
|
50 gms or more pure or 500 gms or more mixture
|
| PCP
(Schedule II) |
10 - 99 gms pure or 100 - 999 gms mixture
|
100 gm or more pure or 1 kg or more mixture |
| PENALTIES |
| Other Schedule I & II drugs (and any drug product containing
Gamma Hydroxybutyric Acid) |
Any amount
|
First Offense: Not more that 20 yrs. If death or
serious injury, not less than 20 yrs, or more than Life.
Fine $1 million if an individual, $5 million if not an individual.
Second Offense: Not more than 30 yrs. If death or
serious injury, not less than life. Fine $2 million if an
individual, $10 million if not an individual |
Flunitrazepam
(Schedule IV) |
1 gm or more |
| Other Schedule III drugs |
Any amount
|
First Offense: Not more than 5 years. Fine not more
than $250,000 if an individual, $1 million if not an individual.
Second Offense: Not more 10 yrs. Fine not more than
$500,000 if an individual, $2 million if not an individual
|
| Flunitrazepam (Schedule IV) |
30 to 999 mgs |
| All other Schedule IV drugs |
Any amount |
First Offense: Not more than 3 years. Fine not more
than $250,000 if an individual, $1 million if not an individual.
Second Offense: Not more than 6 yrs. Fine not more
than $500,000 if an individual, $2 million if not an individual.
|
| Flunitrazepam (Schedule IV) |
Less than 30 mgs |
| All Schedule V drugs |
Any amount |
First Offense: Not more than 1 yr. Fine not more
than $100,000 if an individual, $250,000 if not an individual.
Second Offense: Not more than 2 yrs. Fine not more
than $200,000 if an individual, $500,000 if not an individual.
|
|
Federal Trafficking Penalties - Marijuana
| DRUG |
QUANTITY |
1st OFFENSE |
2nd OFFENSE |
| Marijuana |
1,000 kg or more mixture; or 1,000 or more plants |
- Not
less than 10 years, not more than life
- If
death or serious injury, not less than 20 years, not more
than life
- Fine
not more than $4 million if an individual, $10 million
if other than an individual
|
- Not
less than 20 years, not more than life
- If
death or serious injury, mandatory life
- Fine
not more than $8 million if an individual, $20 million
if other than an individual
|
| Marijuana |
100 kg to 999 kg mixture; or 100 to 999 plants |
- Not
less than 5 years, not more than 40 years
- If
death or serous injury, not less than 20 years, not more
than life
- Fine
not more than $2 million if an individual, $5 million
if other than an individual
|
- Not
less than 10 years, not more than life
- If
death or serious injury, mandatory life
- Fine
not more than $4 million if an individual, $10 million
if other than an individual
|
| Marijuana |
more
than 10 kgs hashish; 50 to 99 kg mixture
more
than 1 kg of hashish oil; 50 to 99 plants |
- Not
more than 20 years
- If
death or serious injury, not less than 20 years, not more
than life
- Fine
$1 million if an individual, $5 million if other than
an individual
|
- Not
more than 30 years
- If
death or seroius injury, mandatory life
- Fine
$2 million if an individual, $10 million if other than
individual
|
| Marijuana |
1
to 49 plants; less than 50 kg mixture |
- Not
more than 5 years
- Fine
not more than $250,000, $1 million other than individual
|
- Not
more than 10 years
- Fine
$500,000 if an individual, $2 million if other than individual
|
| Hashish |
10
kg or less |
| Hashish Oil |
1
kg or less |
|
|
Drug Possession
Federal and state drug possession laws make it a crime to willfully
possess illegal controlled substances such as marijuana, methamphetamine,
cocaine, LSD, "club drugs," and heroin. These laws also
criminalize the possession of "precursor" chemicals used
in drug cultivation and manufacturing, as well as certain accessories
related to drug use. Drug possession laws vary according to drug
type, amount, and geographic area of the offense. Possession of
small quantities may be deemed "simple" possession, while
possession of large amounts may result in a charge of presumed "possession
with intent to distribute."
Distribution and Trafficking
Drug distribution and trafficking laws penalize the selling, transportation,
and illegal import into the United States of unlawful controlled
substances such as marijuana, methamphetamine, cocaine, LSD, "club
drugs," and heroin. Federal and state drug distribution/trafficking
laws and punishments vary according to drug type, amount, geographic
area of distribution, and whether minors were sold to or targeted.
Drug distribution/trafficking laws can implicate a single individual
or a broad ring of people involved in organized illegal drug activity.
Producing Drugs
Drug cultivation and manufacturing laws make it a crime 1) to grow,
produce, and possess certain plants and other naturally occurring
elements used in the production of unlawful controlled substances,
such as cannabis seeds and marijuana plants; or 2) to produce illegal
controlled substances like cocaine, methamphetamine, LSD, and Ecstasy
(MDMA), which require use of certain chemicals and laboratory equipment
in their production. Federal and state drug cultivation laws vary
according to drug type and the amount produced. |
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