Drug Crime:

Federal Trafficking Penalties

Federal trafficking penalties vary by drugs and quantity. A first offense for any of the following drugs will result in 5 to 40 years in jail and a fine of $2 million if an individual and $5 million if not an individual. A second offense for any of the following drugs will result in 10 years to life and a fine of $4 million if an individual and $10 million if not.

  • Cocaine (500 to 4999 grams mixture)
  • Cocaine Base (5 to 49 grams mixture)
  • Fentanyl (49 to 399 grams mixture)
  • Fentanyl Analogue (10 to 99 grams mixture)
  • Heroin (100 to 999 grams mixture)
  • LSD (1 to 9 grams mixture)
  • Methamphetamine (5 to 49 grams pure or 50 to 499 grams mixture)
  • PCP (10 to 99 grams pure of 100 to 999 grams mixture)

A first offense for any of the following drugs will result in 10 years to life, $4 million if an individual and $10 million if not an individual. A second offense will result in 20 years to life, $8 million if an individual and $20 million if not an individual. More than two offenses will result in life in prison.

  • Cocaine (5 kgs or more mixture)
  • Cocaine base (50 grams or more mixture)
  • Fentanyl (400 grams or more mixture)
  • Fentanyl Analogue (100 grams of more mixture)
  • Heroin (1kg or more mixture)
  • LSD (10 grams or more mixture)
  • Methamphetamine (50 grams or more pure or 500 grams or more mixture)
  • PCP (100 grams or more pure and 1 kg or more mixture)

Penalties for a first offense schedule I and II drugs in any amount or 1 gram or more of flunitrazepam can result in up to 20 years in jail, a $1 million if an individual and $5 million if not an individual. A second offense for either of these drugs can result in up to 30 years in jail, a $2 million fine if an individual and $10 million if not an individual.

Other schedule III drugs in any amount or flunitrazepam (30 to 999 mgs) on a first offense can result in up to 5 years in jail, $250,000 fine if an individual and $1 million if not an individual. A second offense can carry penalties of up to 10 years in jail, a $500,000 fine if an individual, $2 million if not an individual. All other schedule IV drugs and flunitrazepam (less than 30 mgs) first offenses can result in up to 3 years in jail, a fine of $250,000 for an individual, $1 million if not. A second offense can lead to up to 6 years behind bars, fines up to $500,000 if an individual and $2 million if not. All schedule V drugs, in any amount, can lead to up to one year in jail, up to $100,000 fine if an individual and $250,000 if not an individual in a first offense. A second offense can result in up to 2 years in jail, a fine of no more than $200,000 if an individual and $500,00 if not.

Marijuana trafficking has separate penalties. Marijuana (1000 kg or more mixture or 1,000 or more plants) can result in 10 years to life, up to $4 million if an individual and $10 million if not an individual. A second offense can carry penalties of 20 years to life, a fine up to $8 million if individual and $20 million if not. Marijuana (100 kg to 999 kg mixture of 100 to 999 plants) first offense can result in 5 to 40 years, a fine of $2 million if an individual and $5 million if other than an individual. A second offense carries penalties of 10 years to life, a $4 million fine if an individual and $10 million if not. Marijuana (more than 10 kgs hashish; 50 to 99 kg mixture; more than 1 kg of hashish oil; 50 to 99 plants) on a first offense carries up to 20 years in jail, a fine of $1 million for an individual and $5 if other than an individual. A second offense can result in up to 30 years in jail, a fine of $2 million if an individual and up to $10 million if not an individual. Marijuana (1 to 49 plants or less than 50 kg mixture), hashish (10 kg or less) and hashish oil (1 kg or less) in a first offense can result in up to 5 years in jail, a fine no more than $250,000 or $1 million if not an individual. A second offense can lead to up to 10 years in jail, a fine of $500,000 if an individual and $2 million if not an individual.

If drug trafficking leads to serious injury or death, penalties can be increased. Contacting a drug trafficking lawyer may help to reduce your sentence.

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