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Federal
Trafficking Penalties
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| DRUG/SCHEDULE |
QUANTITY |
PENALTIES |
QUANTITY |
PENALTIES |
Cocaine (Schedule II) |
500 - 4999 gms mixture |
First Offense : |
5 kgs or more mixture |
First Offense : |
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Cocaine Base (Schedule II) |
28-279 gms mixture |
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 $5 million if an individual, $25 million if not an individual |
280 gms or more mixture |
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 $10 million if an individual, $50 million if not an individual. |
Fentanyl (Schedule II) |
40 - 399 gms mixture |
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400 gms or more mixture |
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Fentanyl Analogue (Schedule I) |
10 - 99 gms mixture |
Second Offense : Not less than 10 yrs, and not more than life. If death or serious injury, life imprisonment. Fine of not more than $8 million if an individual, $50 million if not an individual |
100 gms or more mixture |
Second Offense : Not less than 20 yrs, and not more than life. If death or serious injury, life imprisonment. Fine of not more than $20 million if an individual, $75 million if not an individual. |
Heroin (Schedule I) |
100 - 999 gms mixture |
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1 kg or more mixture |
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LSD (Schedule I) |
1 - 9 gms mixture |
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10 gms or more mixture |
2 or More Prior Offenses: Life imprisonment |
Methamphetamine (Schedule II) |
5 - 49 gms pure or 50 - 499 gms mixture |
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50 gms or more pure or 500 gms or more mixture |
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PCP (Schedule II) |
10 - 99 gms pure or 100 - 999 gms mixture |
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100 gm or more pure or 1 kg or more mixture |
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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. |
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Second Offense : Not more than 30 yrs. If death or serious injury, not more than 15 yrs. Fine $2 million if an individual, $10 million if not an individual |
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Other Schedule III drugs |
Any amount |
First Offense : Not more than 10 years. If death or serious injury, not more that 15 yrs. Fine not more than $500,000 if an individual, $2.5 million if not an individual. |
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Second Offense : Not more than 20 yrs. If death or serious injury, not more than 30 yrs. Fine not more than $1.5 million if an individual, $5 million if not an individual |
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All other Schedule IV 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. |
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Flunitrazepam (Schedule IV) |
Less than 1 gm |
Second Offense : Not more than 10 yrs. Fine not more than $500,000 if an individual, $2 million if not an individual. |
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. |
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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 - Marijuana
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| DRUG |
QUANTITY |
1st OFFENSE |
2nd OFFENSE* |
Marijuana (Schedule I) |
1,000 kg or more mixture; or 1,000 or more plants |
Not less than 10 years, not more than life |
Not less than 20 years, not more than life |
If death or serious injury, not less than 20 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 |
Fine not more than $8 million if an individual, $20 million if other than an individual |
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Marijuana (Schedule I) |
100 kg to 999 kg mixture; or 100 to 999 plants |
Not less than 5 years, not more than 40 years |
Not less than 10 years, not more than life |
If death or serious injury, not less than 20 years, not more than life |
If death or serious injury, mandatory life |
Fine not more than $2 million if an individual, $5 million if other than an individual |
Fine not more than $4 million if an individual, $10 million if other than an individual |
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Marijuana (Schedule I) |
more than 10 kgs hashish; 50 to 99 kg mixture |
Not more than 20 years |
Not more than 30 years |
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If death or serious injury, not less than 20 years, not more than life |
If death or serious injury, mandatory life |
more than 1 kg of hashish oil; 50 to 99 plants |
Fine $1 million if an individual, $5 million if other than an individual |
Fine $2 million if an individual, $10 million if other than individual |
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Marijuana (Schedule I) |
1 to 49 plants; less than 50 kg |
Not more than 5 years |
Not more than 10 years |
Fine not more than $250,000, $1 million other than individual |
Fine $500,000 if an individual, $2 million if other than individual |
Hashish (Schedule I) |
10 kg or less |
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Hashish Oil (Schedule I) |
1 kg or less |
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*The minimum sentence fora violation after two or more prior convictions for a felony drug offense have become final is a mandatory term of life imprisonment without release and a fine up to $8 million if an individual and $20 million if other than an individual. |
