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.
Federal Trafficking Penalties - Marijuana
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
