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Federal and Selected State Drug Possession/Trafficking Penalties 

 

Federal Trafficking1 Penalties   
CSA

PENALTY

QUANTITY

DRUG

QUANTITY

PENALTY
 

 

 

 

I
and
II

 First Offense

Not less than 5 years. Not more than 40 years.  

If death or serious injury, not less than 20 years, not more than life.  

Fine of not more than $2 million individual. $5 million other than individual.

 

  Second Offense

Not less than 10 years. Not more than life.


If death or serious injury, life imprisonment.



Fine of not more than $4 million individual, $10 million other than individual.

5-49 gm pure or 50-499 gm mixture

Methamphetamine
(Schedule II)

 50 gm or more pure or 500 gm or more mixture First Offense

Not less than 10 years. Not more than life.

If death or serious injury, not less than 20 years, not more than life.

Fine of not more than $4 million individual. $10 million other than individual.

 Second Offense3

Not less than 20 years. Not more than life.

If death or serious injury, not less than life.


Fine of not more than $8 million individual, $20 million other than individual.

100 - 999 gm mixture

Heroin
(Schedule I)

1 kg or more mixture

500 - 4999 gm mixture

Cocaine
(Schedule II)

5 kg or more mixture

5 - 49 gm mixture

Cocaine Base
(Schedule II)

50 gm or more mixture

10 - 99 gm pure or 100 - 999 gm mixture

PCP
(Schedule II)

100 gm or more pure or 1 kg or more mixture

1 - 9 gm mixture

LSD
(Schedule I)

10 gm or more mixture

40 - 399 gm mixture

Fentanyl
(Schedule II)

400 gm or more mixture

10 - 99 gm mixture

Fentanyl Analogue
 (Schedule I)

100 gm or more mixture
Other Penalties (Federal)
 

DRUG

 QUANTITY FIRST OFFENSE SECOND OFFENSE
 

Other Schedule I & II drugs (and any drug product containing Gamma Hydroxybutyric Acid)

Any

 Not more than 20 years. If death or serious injury, not less than 20 years, or more than life. Fine $1 million individual, $5 million if not individual.  

Not more than 30 years. If death or serious injury, not less than life. Fine $2 million individual, $10 million if not individual.

 

III

All

Any

 Not more than 5 years. Fine not more than $250,000 individual, $1 million not individual. Not more than 10 years. Fine not more than $500,000 individual, $2 million not individual.

IV

  

All

 

Any

 Not more than 3 years. Fine not more than $250,000 individual, $1 million not individual. Not more than 6 years. Fine not more than $500,000 individual, $2 million not individual.

V

All

Any

 Not more than 1 year. Fine not more than $100,000 individual, $250,000 if not individual. Not more than 2 years. Fine not more than $200,000 individual, $500,000 if not individual.

Federal Trafficking Penalties – Marijuana4

Quantity

 Description

First Offense

Second Offense
1,000 kg or more mixture; or 1,000 or more plants Marijuana (mixture containing detectable quantity)2 Not less than 10 years. Not more than life. If death or serious injury, not less than 20 years, not more than life. Fine of not more than $4 million individual, $10 million other than individual. Not less than 20 years. Not more than life. If death or serious injury, mandatory life. Fine of not more than $8 million individual, $20 million other than individual.
100 kg to 999 kg; or 100-999 plants Marijuana (mixture containing detectable quantity)2 Not less than 5 years. Not more than 40 years. If death or serious injury, not less than 20 years, not more than life. Fine of not more than $2 million individual., $5 million other than individual. Not less than 10 years. Not more than life. If death or serious injury, mandatory life. Fine of not more than $4 million individual, $10 million other than individual.
50 to 99kg mixture Marijuana Not more than 20 years. If death or serious injury, not less than 20 years, not more than life. Fine $1 million individual,  $5 million other than individual. Not more than 30 years. If death or serious injury mandatory life. Fine $2 million individual, $10 million other than individual.
More than 10kg Hashish
More than 1kg Hashish Oil
50 - 99 plants Marijuana
1 to 49 plants. Less than 50 kg mixture Marijuana Not more than 5 years. Fine of not more than $250,000 individual, $1 million other than individual. Not more than 10 years. Fine not more than $500,000 individual, $2 million other than individual.
10 kg or less Hashish
1 kg or less Hashish Oil

COMPARISON OF PENALTIES FOR USE, POSSESSION, SALE, FIRST OFFENSE
 (Note: Fines and Imprisonment subject to change)
State/Schools in SC Possession Penalties Sale Penalties
I/II narcotics 2 yrs.; $5,000 15 yrs.; $25,000
I/II non-narcotics 6 mo.; $1,000 5 yrs.; $5,000
III 6 mo.; $1,000 5 yrs.; $5,000
IV 6 mo.; $1,000 3 yrs.; $3,000
V 6 mo.; $1,000 1 yr.; $1,000
Marijuana 30 days; $500 0-5 yrs.; $5,000
Crack Cocaine 5 yrs.; $5,000 15 yrs.; $25,000
1Trafficking includes the manufacturing, distribution, or dispensing of , or possession with intent to manufacture, distribute, or dispense, a controlled substance (as of October 1999).
2Includes Hashish and Hashish Oil.
3 Two or more prior offenses: Life imprisonment.
4 Marijuana is a Schedule I controlled substance.
Source: http://www.dea.gov/agency/penalties.htm
 

 
 

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