FEDERAL TRAFFICKING PENALTIES

DRUG/SCHEDULEQUANTITYPENALTIESQUANTITYPENALTIES
Cocaine (Schedule II)500–4999 grams mixtureFirst Offense: Not less than 5 yrs, and not more than 40 yrs. If death or serious injury, notless 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 kgs or more mixtureFirst 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 mil- lion 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 grams mixture280 grams or more mixture
Fentanyl (Schedule II)40–399 grams mixture400 grams or more mixture
Fentanyl Analogue (Schedule I)10–99 grams mixture100 grams or more mixture
Heroin (Schedule I)100–999 grams mixture1 kg or more mixture
LSD (Schedule I)1–9 grams mixture10 grams or more mixture
Methamphetamine
(Schedule II)
5–49 grams pure or
50–499 grams mixture
50 grams or more pure or500 grams or more mixture
PCP (Schedule II)10–99 grams pureor 100–999 grams mixture100 gm or more pure or 1 kg or more mixture
PENALTIES
Other Schedule I & II drugs (and any drugproduct containing Gamma Hydroxybutyric Acid)Any amountFirst 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 bodily injury, life imprison- ment. Fine $2 million if an individual, $10 million if not an individual.
Flunitrazepam (Schedule IV)1 gram
Other Schedule III drugsAny amountFirst Offense: Not more than 10 years. If death or serious injury, not more that 15 yrs. Fine not more than $500,000 if an individual, $2.5 million if not an individu- al.Second Offense: Not more than 20 yrs. If death or serious injury, not more than 30 yrs. Fine not more than $1 million if an individual, $5 million if not an individual.
All other Schedule IV drugsAny amountFirst Offense: Not more than 5 yrs. Fine not more than $250,000 if an individ- ual, $1 million if not an individual.Second Offense: Not more than 10 yrs. Fine not more than $500,000 if an individ- ual, $2 million if other than an individual.
Flunitrazepam (Schedule IV)Other than 1 gram or more
All Schedule V drugsAny amountFirst 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 individ- ual, $500,000 if not an individual.

36 Drugs of Abuse | A DEA Resource Guide: 2020 EDITION

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FEDERAL TRAFFICKING PENALTIES—MARIJUANA—

DRUGQUANTITY1st OFFENSE2nd OFFENSE *
Marijuana (Schedule I)1,000 kg or more marijuana mixture; or 1,000 or more marijuana plantsNot less than 10 yrs. or more than life. If death or serious bodily injury, not less than 20 yrs., or more than life. Fine not more than life. Fine not more than $10 million if an individual, $50 million if other than an individual.Not less than 20 yrs. or more than life. If death or serious bodily injury, life imprisonment. Fine not more than $20 moillion if an individual, $75 million if other than an individual.
Marijuana (Schedule I)100 kg to 999 kg marijuana mixture; or 100 to 999 marijuana plantsNot less than 5 yrs. or more than 40 yrs. If death or serious bodily injury, not less than 20 yrs., or more than life. Fine not more than life. Fine not more than$5 million if an individual, $25 million if other than an individual.Not less than 10 yrs. or more than life. If death or serious bodily injury, life imprisonment. Fine not more than $20 moillion if an individual, $75 million if other than an individual.
Marijuana (Schedule I)More than 10 kgs hashish;50 to 99 kg marijuana mixtureMore than 1 kg of hashish oil; 50 to 99 marijuana plantsNot less than 20 yrs. If death or serious bodily injury, not less than 20 yrs., or more than life. Fine $1 million if an individual, $5 million if other than an individual.Not less than 30 yrs. If death or serious bodily injury, life imprisonment. Fine$2 million if an individual, $10 million if other than an individual.
Marijuana (Schedule I)Less than 50 kilograms marijuana (but does not include 50 or more marijuana plants regardless of weight) marijuana plants;
1 to 49 marijuana plants;
Not less than 5 yrs. Fine not more than$250,000, $1 million if other than an individualNot less than 10 yrs. Fine $500,000 if an individual, $2 million if other than individual
Hashish (Schedule I)10 kg or less
Hashish Oil (Schedule I)1 kg or less

*The minimum sentence for a violation after two or more prior convictions for a felony drug offense have become final is a mandatory term of life imprisonment without release and a fine up to $20 million if an individual and $75 million if other than an individual.

Drugs of Abuse | A DEA Resource Guide: 2020 EDITION 37

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