Drug Trafficking

Drug Trafficking

The definition of drug trafficking is the illegal transportation and distribution of drugs into or within the United States. Penalties for federal drug trafficking convictions can vary according to the quantity of the controlled substance involved and the transaction.

The federal drug trafficking penalties are:

FEDERAL TRAFFICKING PENALTIES

Cocaine (Schedule II)

500 - 4999 gms mixture

First 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 mixture

First 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.

Penalties: 2 or More Prior Offenses: Life imprisonment

Cocaine Base (Schedule II)

5-49 gms mixture

First 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

50 gms or more mixture

First 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.

Penalties: 2 or More Prior Offenses: Life imprisonment Fentanyl (Schedule II)

40 - 399 gms mixture

First 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

400 gms or more mixture

First 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.

Penalties: 2 or More Prior Offenses: Life imprisonment

Fentanyl Analogue (Schedule I)

10 - 99 gms mixture

First 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

100 gms or more mixture

First 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.

Penalties: 2 or More Prior Offenses: Life imprisonment

Heroin (Schedule I)

100 - 999 gms mixture

First 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

1 kg or more mixture

First 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.

Penalties: 2 or More Prior Offenses: Life imprisonment

LSD (Schedule I)

1 - 9 gms mixture

First 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

10 gms or more mixture

First 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.

Penalties: 2 or More Prior Offenses: Life imprisonment

Methamphetamine (Schedule II)

5 - 49 gms pure or 50 - 499 gms mixture

First 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

50 gms or more pure or 500 gms or more mixture

First 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.

Penalties: 2 or More Prior Offenses: Life imprisonment

PCP (Schedule II)

10 - 99 gms pure or 100 - 999 gms mixture

First 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

100 gm or more pure or 1 kg or more mixture

First 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.

Penalties: 2 or More Prior Offenses: Life imprisonment OTHER 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

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

Other Schedule III 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.

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:

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

All other Schedule IV drugs

Any 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:

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.

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.

Second Offense: Not more than 2 yrs. Fine not more than $200,000 if an individual, $500,000 if not an individual.

Marijuana

1,000 kg or more mixture; or 1,000 or more plants:

1st 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 not more than $4 million if an individual, $10 million if other than an individual.

2nd OFFENSE: 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.

Marijuana

100 kg to 999 kg mixture; or 100 to 999 plants:

1st OFFENSE: 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.

2nd OFFENSE: 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.

Marijuana

more than 10 kgs hashish; 50 to 99 kg mixture or more than 1 kg of hashish oil; 50 to 99 plants:

1st OFFENSE: 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.

2nd OFFENSE: Not more than 30 years;If death or serious injury, mandatory life;Fine $2 million if an individual, $10 million if other than individual.

Marijuana

1 to 49 plants; less than 50 kg mixture

1st OFFENSE: Not more than 5 yearsFine not more than $250,000, $1 million other than individual

2nd OFFENSE: Not more than 10 yearsFine $500,000 if an individual, $2 million if other than individual

Hashish

10 kg or less

1st OFFENSE: Not more than 5 yearsFine not more than $250,000, $1 million other than individual

2nd OFFENSE: Not more than 10 yearsFine $500,000 if an individual, $2 million if other than individual

Hashish Oil

1 kg or less

1st OFFENSE: Not more than 5 yearsFine not more than $250,000, $1 million other than individual

2nd OFFENSE: Not more than 10 yearsFine $500,000 if an individual, $2 million if other than individual