Appendix A.

Possession Penalties Chart

In addition to significant health risks, the possession, use or distribution of illicit drugs is prohibited by federal law. Strict penalties are provided for drug convictions, including mandatory prison terms for many offenses. The following information, although not complete, is an overview of possible federal penalties for first and second convictions.

Federal Trafficking Penalties

U.S. Department of Justice
Drug Enforcement Administration

Drug

Quantity

First Offense

Second 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
  • If death or serious injury, not less than 20 years, not more than life
  • Fine not more than $10 million if an individual, $50 million if other than an individual
  • Not less than 20 years, not more than life
  • If death or serious injury, life imprisonment
  • Fine not more than $20 million if an individual, $75 million if other than an individual

Marijuana (Schedule I)

100-999 kg mixture; or 100-999 plants

  • Not less than 5 years, not more than 40 years
  • If death or serious injury, not less than 20 years, not more than life
  • Fine not more than $5 million if an individual, $25 million if other than an individual
  • Not less than 10 years, not more than life
  • If death or serious injury, life imprisonment
  • Fine not more than $8 million if an individual, $50 million if other than an individual

Marijuana (Schedule I)

50-99 kg marijuana mixture, 50-99 marijuana plants

  • Not more than 20 years. If death or serious bodily injury, not less than 20 yrs, or more than life.
  • Fine $1 million if an individual, $5 million other than individual
  • Not more than 30 years. If death or serious bodily injury, life imprisonment.
  • Fine $2 million if an individual, $10 million if other than individual

Hashish

more than 10 kg

Hashish Oil

more than 1 kg

Marijuana (Schedule I)

less than 50 kg marijuana (but does not include 50 or more marijuana plants regardless of weight); 1-49 marijuana plants

  • Not more than 5 years.
  • Fine $250,000 if an individual, $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

 

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 $5 million if an individual, $25 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 $8 million if an individual, $50 million if not an individual.

5 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 $10 million if an individual, $50 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 $20 million if an individual, $75 million if not an individual.2 or More Prior Offenses:
Life imprisonment. Fine of not more than $20 million if an individual, $75 million if not an individual.

Cocaine Base
Schedule II

28-279 gms mixture

280 gms or more mixture

Fentanyl
Schedule IV

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 gms or more pure or 1 kg or more mixture

PENALTIES

Other Schedule I & II Drugs – any amount; Any drug product containing Gamma Hydroxybutyric Acid; Flunitrazepam – 1 gm

First Offense: Not more than 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, life imprisonment. Fine $2 million if an individual, $10 million if not an individual.

Other Schedule III Drugs – any amount

First Offense: Not more than 10 years. If death or serious injury, not more than 15 years. Fine not more than $500,000 if an individual, $2.5 million if not an individual. Second Offense: Not more 20 yrs. If death or serious injury, not more than 30 years. Fine not more than $1 million if an individual, $5 million if not an individual.

All Other Schedule IV Drugs (other than 1 gm or more of Flunitrazepam) – any amount

First Offense: Not more than 5 yrs. Fine not more than $250,000 if an individual, $1 million if not an individual. 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. Second Offense: Not more than 4 yrs. Fine not more than $200,000 if an individual, $500,000 if not an individual.