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Federal Drug Trafficking Penalties

DRUG/SCHEDULEQUANTITYPENALTIESQUANTITYPENALTIES
Cocaine (Schedule II)500 - 4999 gms mixtureFirst 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 mixtureFirst 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 mixture50 gms or more mixture
Fentanyl (Schedule II)40 - 399 gms mixture400 gms or more mixture
Fentanyl Analogue (Schedule I)10 - 99 gms mixture100 gms or more mixture
Heroin (Schedule I)100 - 999 gms mixture1 kg or more mixture
LSD (Schedule I)1 - 9 gms mixture10 gms or more mixture
Methamphetamine (Schedule II)5 - 49 gms pure or 50 - 499 gms mixture50 gms or more pure or 500 gms or more mixture
PCP (Schedule II)10 - 99 gms pure or 100 - 999 gms mixture100 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 drugsAny 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 drugsAny 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 drugsAny amountFirst 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

DRUGQUANTITY1st OFFENSE2nd OFFENSE
Marijuana1,000 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
Marijuana100 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
MarijuanaMore than 10 kgs hashish; 50 to 99 kg mixturemore 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 serious injury, mandatory life
  • Fine $2 million if an individual, $10 million if other than individual
Marijuana1 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
Hashish10 kg or less
Hashish Oil1 kg or less


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