DEA Briefs & Background, Drug Policy, Federal Trafficking Penalties

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	1^st OFFENSE	2^nd 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 mixture more 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