Drug Trafficking Penalties
Federal Drug Offenses
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Federal Trafficking Penalties for Schedules I, II, III, IV, and V (except Marijuana) |
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| Schedule | Substance/Quantity | Penalty | Substance/Quantity | Penalty |
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II |
Cocaine 500-4999 grams mixture |
First Offense: Not less than 5 yrs. and not more than 40 yrs. If death or serious bodily injury, not less than 20 yrs. or more than life. Fine of not more than $5 million if an individual, $25 million if not an individual. Second Offense: Not less than 10 yrs. and not more than life. If death or serious bodily injury, life imprisonment. Fine of not more than $8 million if an individual, $50 million if not an individual. |
Cocaine 5 kilograms or more mixture |
First Offense: Not less than 10 yrs. and not more than life. If death or serious bodily injury, not less than 20 yrs. or more than life. Fine of not more than $10 million if an individual, $50 million if not an individual. Second Offense: Not less than 20 yrs, and not more than life. If death or serious bodily injury, life imprisonment. Fine of not more than $20 million if an individual, $75 million if not an individual. 2 or More Prior Offenses: Life imprisonment. Fine of not more than $20 million if an individual, $75 million if not an individual. |
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II |
Cocaine Base 28-279 grams mixture |
Cocaine Base 280 grams or more mixture |
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II |
Fentanyl 40-399 grams mixture |
Fentanyl 400 grams or more mixture |
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I |
Fentanyl Analogue 10-99 grams mixture |
Fentanyl Analogue 100 grams or more mixture |
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I |
Heroin 100-999 grams mixture |
Heroin 1 kilogram or more mixture |
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I |
LSD 1-9 grams mixture |
LSD 10 grams or more mixture |
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II |
Methamphetamine 5-49 grams pure or 50-499 grams mixture |
Methamphetamine 50 grams or more pure or 500 grams or more mixture |
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II |
PCP 10-99 grams pure or 100-999 grams mixture |
PCP 100 grams or more pure or 1 kilogram or more mixture |
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| Substance/Quantity | Penalty | |||
| Any Amount Of Other Schedule I & II Substances | First Offense: Not more than 20 yrs. If death or serious bodily 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 bodily injury, life imprisonment. Fine $2 million if an individual, $10 million if not an individual. |
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| Any Drug Product Containing Gamma Hydroxybutyric Acid | ||||
| Flunitrazepam (Schedule IV) 1 Gram or less |
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| Any Amount Of Other Schedule III Drugs | First Offense: Not more than 10 yrs. If death or serious bodily injury, not more that 15 yrs. Fine not more than $500,000 if an individual, $2.5 million if not an individual. Second Offense: Not more than 20 yrs. If death or serious injury, not more than 30 yrs. Fine not more than $1 million if an individual, $5 million if not an individual. |
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| Any Amount Of All Other Schedule IV Drugs (other than one gram or more of Flunitrazepam) | First Offense: Not more than 5 yrs. Fine not more than $250,000 if an individual, $1 million if not an individual. Second Offense: Not more than 10 yrs. Fine not more than $500,000 if an individual, $2 million if other than an individual. |
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| Any Amount Of All Schedule V Drugs | 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 4 yrs. Fine not more than $200,000 if an individual, $500,000 if not an individual. |
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Federal Trafficking Penalties for Marijuana, Hashish and Hashish Oil, Schedule I Substances |
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| Marijuana 1,000 kilograms or more marijuana mixture or 1,000 or more marijuana plants |
First Offense: Not less than 10 yrs. or more than life. If death or serious bodily injury, not less than 20 yrs., or more than life. Fine not more than $10 million if an individual, $50 million if other than an individual. Second Offense: Not less than 20 yrs. or more than life. If death or serious bodily injury, life imprisonment. Fine not more than $20 million if an individual, $75 million if other than an individual. |
| Marijuana 100 to 999 kilograms marijuana mixture or 100 to 999 marijuana plants |
First Offense: Not less than 5 yrs. or more than 40 yrs. If death or serious bodily injury, not less than 20 yrs. or more than life. Fine not more than $5 million if an individual, $25 million if other than an individual. Second Offense: Not less than 10 yrs. or more than life. If death or serious bodily injury, life imprisonment. Fine not more than $8 million if an individual, $50million if other than an individual. |
| Marijuana 50 to 99 kilograms marijuana mixture, 50 to 99 marijuana plants |
First Offense: Not more than 20 yrs. If death or serious bodily injury, not less than 20 yrs. or more than life. Fine $1 million if an individual, $5 million if other than an individual. Second Offense: Not more than 30 yrs. If death or serious bodily injury, life imprisonment. Fine $2 million if an individual, $10 million if other than an individual. |
| Hashish More than 10 kilograms |
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| Hashish Oil More than 1 kilogram |
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| Marijuana less than 50 kilograms marijuana (but does not include 50 or more marijuana plants regardless of weight) 1 to 49 marijuana plants |
First Offense: Not more than 5 yrs. Fine not more than $250,000, $1 million if other than an individual. Second Offense: Not more than 10 yrs. Fine $500,000 if an individual, $2 million if other than individual. |
| Hashish 10 kilograms or less |
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| Hashish Oil 1 kilogram or less |
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