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 PenaltiesU.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.

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