Thursday, April 17, 2014
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U.S. Law Basics: Mandatory Minimum Sentencing Guidelines for Drug Convictions

Federal Trafficking Penalties (from DEA.gov)

DRUG/SCHEDULE QUANTITY PENALTIES QUANTITY 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.

2 or More Prior Offenses: Life imprisonment

Cocaine Base (Schedule II) 5-49 gms mixture 50 gms or more mixture
Fentanyl (Schedule II) 40 – 399 gms mixture 400 gms or more mixture
Fentanyl Analogue (Schedule I) 10 – 99 gms mixture 100 gms or more mixture
Heroin (Schedule I) 100 – 999 gms mixture 1 kg or more mixture
LSD (Schedule I) 1 – 9 gms mixture 10 gms or more mixture
Methamphetamine (Schedule II) 5 – 49 gms pure or 50 – 499 gms mixture 50 gms or more pure or 500 gms or more mixture
PCP (Schedule II) 10 – 99 gms pure or 100 – 999 gms mixture 100 gm or more pure or 1 kg or more mixture
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
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
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
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

DRUG QUANTITY 1st OFFENSE 2nd OFFENSE
Marijuana 1,000 kg or more mixture; or 1,000 or more plants
  • 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
  • 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
  • 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
  • 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 mixturemore than 1 kg of hashish oil; 50 to 99 plants
  • 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
  • Not more than 30 years If death or seroius 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
  • Not more than 5 years
  • Fine not more than $250,000, $1 million other than individual

 

  • Not more than 10 years
  • Fine $500,000 if an individual, $2 million if other than individual

 

Hashish 10 kg or less
Hashish Oil 1 kg or less
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