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 |
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Drug | Quantity | First Offense | Second Offense |
Marijuana (Schedule I) |
1,000 kg or more mixture; or 1,000 or more plants |
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Marijuana (Schedule I) |
100-999 kg mixture; or 100-999 plants |
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Marijuana (Schedule I) |
50-99 kg marijuana mixture, 50-99 marijuana plants |
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Hashish |
more than 10 kg |
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Hashish Oil |
more than 1 kg |
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Marijuana (Schedule I) |
less than 50 kg marijuana (but does not include 50 or more marijuana plants regardless of weight); 1-49 marijuana plants |
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Hashish |
10 kg or less |
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Hashish Oil |
1 kg or less |
Drug Schedule |
Quantity |
Penalties |
Quantity |
Penalties |
Cocaine |
500-4999 gms mixture |
First Offense: |
5 kg or more mixture |
First Offense: Second Offense: 2 or More Prior Offenses: |
Cocaine Base |
28-279 gms mixture |
280 gms or more mixture |
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Fentanyl |
40-399 gms mixture |
400 gms or more mixture |
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Fentanyl Analogue |
10-99 gms mixture |
100 gms or more mixture |
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Heroin |
100-999 gms mixture |
1 kg or more mixture |
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LSD |
1-9 gms mixture |
10 gms or more mixture |
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Methamphetamine |
5-49 gms pure or 50-499 gms mixture |
50 gms or more pure or 500 gms or more mixture |
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PCP |
10-99 gms pure or 100-999 gms mixture |
100 gms or more pure or 1 kg or more mixture |
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PENALTIES |
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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. |
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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. |
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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. |
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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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