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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

 

Criminal Lawyers Los Angeles

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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