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Federal Penalties and Sanction
for Illegal Trafficking and Possession of a Controlled Substance
(As of January 1, 1996)
Controlled Substances
Act Schedule* |
First Offense |
Second Offense |
Quantity |
Drug |
Quantity |
First
Offense |
Second Offense |
I and II |
|
|
10-99 gm pure or 100-999 gm mixture |
Metham-
phetamine |
100 gm or more pure of 1 kg or more mixture |
|
|
| |
|
|
100-999 gm mixture |
Heroin |
1 kg or more mixture |
|
|
| |
Not less than 5 years. Not more than 40 years |
Not less than 10 years. Not more than life. |
500-4,999 gm mixture |
Cocaine |
5 kg or more mixture |
Not less than 10 years. Not more than life. |
Not less than 20 years. Not more than life. |
| |
If death or serious injury, not less than 20 years or more
than life |
If death or serious injury, not less than life. |
5-49 gm mixture |
Cocaine Base |
50 gm or more mixture |
If death or serious injury, not less than 20 years or more
than life |
If death or serious injury, not less than life |
| |
Fine of not more than $2 million individual, $5 million other
than individual |
Fine of not more than $4 million individual, $10 million other
than individual |
10-99 gm pure or 100-999 gm mixture |
PCP |
100 gm or more pure or 1 kg or more mixture |
Fine of not more than $4 million individual, $10 million other
than individual |
Fine of not more than $8 million individual, $20 million other
than individual |
| |
|
|
1-9 gm mixture |
LSD |
10 gm or more mixture |
|
|
| |
|
|
40-399 gm mixture |
Fentanyl |
400 gm or more mixture |
|
|
| |
|
|
10-99 gm mixture |
Fentanyl Analogue |
100 gm or more mixture |
|
|
* The Controlled Substances Act (1970) places all
substances regulated under federal law into one of five schedules
based on the substance's medical use, potential for abuse, and safety
or dependence liability.
Controlled Substances
Act Schedule |
Drug |
Quantity |
1st Offense |
2nd Offense |
I and II |
Others (law does not include marijuana, hashish, or hash oil) |
Any |
- Not more than 20 years
- If death or serious injury, not less than 20 years, not
more than life
|
- Not more than 30 years
- If death or serious injury, life
- Fine $2 million individual, $10 million not individual
|
III |
All (included in Schedule III are anabolic steroids, codeine
and hydrocodone with aspirin or Tylenol, and some barbiturates) |
Any |
- Not more than 5 years
- Fine not more than $250,000 individual, $1 million not
individual
|
- Not more than 10 years
- Fine not more than $500,000 individual, $2 million not
individual
|
IV |
All (included in Schedule IV are Darvon, Talwin, Equanil, Valium,
and Xanax) |
Any |
- Not more than three years
- Fine not more than $250,000 individual, $1 million not
individual
|
- Not more than six years
- Fine not more than $500,000 individual, $2 million not
individual
|
V |
All (over-the-counter cough medicines with codeine are classified
in Schedule V) |
Any |
- Not more than one year
- Fine not more than $100,000 individual, $250,000 not individual
|
- Not more than two years
- Fine not more than $200,000 individual, $500,000 not individual
|
Federal Penalties and Sanctions for Illegal
Trafficking and Possession of a Controlled Substance - Marijuana
(Includes hashish and hashish oil) (as of January 1, 1996)
Description |
Quantity |
1st Offense |
2nd 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 individual, $10 million other
than individual
|
- Not less than 20 years, not more than life
- If death or serious injury, not more than life
- Fine not more than $8 million individual, $20 million other
than individual
|
Marijuana |
100 kg to 999 kg mixture; or 100-999 plants |
- Not less than five years, not more than 40 years
- If death or serious injury, not less than 20 years, not
more than life
- Fine not more than $2 million individual, $5 million other
than individual
|
- Not less than 10 years, not more than life
- If death or serious injury, not more than life
- Fine not more than $4 million individual, $10 million other
than individual
|
Marijuana |
50 to 99 kg mixture
---------------
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 individual, $5 million other than individual
|
- Not more than 30 years
- If death or serious injury, not more than life
- Fine $2 million individual, $10 million other than individual
|
Marijuana |
Less than 50 kg mixture |
- Not more than five years
- Fine not more than $250,000, $1 million other than individual
|
- Not more than 10 years
- Fine $500,000 individual, $2 million other than individual
|
Hashish |
10 kg or more |
Hashish Oil |
1 kg or more |
21 U.S.C. 844(a)
First conviction: Up to one year imprisonment and fined at least $1,000
but not more than $100,000, or both.
After one prior drug conviction: At least 15 days in prison, not to exceed
two years and fined at least $2,500 but not more then $250,000, or both.
After two or more prior drug convictions: At least 90 days in prison, not
to exceed three years and fined at least $5,000 but not more than $250,000,
or both, if:
(a) first conviction and the amount of crack possessed exceeds 5 grams.
(b) second crack conviction and the amount of crack possessed exceeds three
grams.
(c) three or subsequent crack conviction and the amount of crack posessed
exceeds one gram.
21 U.S.C. 853(a) and 881(a)(7)
Forfeiture of personal and real property used to possessor to facilitate
possession of a controlled substance if that offense is punishable by
more than one year imprisonment.
21 U.S.C. 881(a)(4)
Forfeiture of vehicles, boats, aircraft or any other conveyance used to
transport or conceal a controlled substance.
21 U.S.C. 844a
Civil fine of up to $10,000 (pending adoption of final regulations).
21 U.S.C. 853a
Denial of Federal benefits, such as student loans, grants, contracts, and
professional and commercial licenses, up to one year for first offense,
up to five years for second and subsequent offenses.
18 U.S.C. 922(g)
Ineligible to receive or purchase a firearm.
Miscellaneous Revocation of certain Federal licenses and benefits,
e.g., pilot licenses, public housing tenancy, etc., are vested
within the authorities of individual Federal agencies.
Health Risks Associated with the Use of Illicit
Drugs and Alcohol
Drugs |
Physical Dependence |
Psychological Dependence |
Possible Effects |
Effects of Overdose |
Withdrawal Syndrome |
Narcotics |
| Heroin |
High |
High |
- Euphoria
- Drowsiness
- Respiratory Depression
- Constricted pupils
- Nausea
|
- Slow /shallow breathing
- Clammy Skin
- Convulsions
- Coma
- Possible death
|
- Yawning
- Loss of appetite
- Irritability
- Tremors
- Panic
- Cramps
- Nausea
- Runny nose
- Chills and sweating
- Watery eyes
|
| Morphine |
High |
High |
| Codeine |
Moderate |
Moderate |
| Hydrocodone |
High |
High |
| Hydromorphone |
High |
High |
| Oxycodone |
High |
High |
| Methadone and LAAM |
High |
High |
| Fentanyl and Analogs |
High |
High |
| Other Narcotics |
High-Low |
High-Low |
Depressants |
| Chloral Hydrate |
Moderate |
Moderate |
- Slurred speech
- Disorientation
- Drunken behavior without odor of alcohol
|
- Shallow respiration
- Clammy Skin
- Dilated pupils
- Weak and rapid pulse
- Coma
- Possible death
|
- Anxiety
- Insomnia
- Tremors
- Delirium
- Convulsions
- Possible death
|
| Barbiturates |
High-Moderate |
High-Moderate |
| Benzodiazepines |
Low |
Low |
| Glutethimide |
High |
Moderate |
| Other Depressants |
Moderate |
Moderate |
Stimulants |
| Cocaine |
Possible |
High |
- Increased alertness
- Euphoria
- Increased pulse rate and blood pressure
- Excitation
- Insomnia
- Loss of appetite
|
- Agitation
- Increased body temperature
- Hallucinations
- convulsions
- Possible death
|
- Apathy
- Long periods of sleep
- Irritability
- Depression
- Disorientation
|
| Amphetamine/
Methamphetamine |
Possible |
High |
| Methylphenidate |
Possible |
High |
| Other Stimulants |
Possible |
High |
Cannibis |
| Marijuana |
Unknown |
Moderate |
- Euphoria
- Relaxed inhibitions
- Increased appetite
- Disorientation
|
- Fatigue
- Paranioa
- Possible Psychosis
|
- Occasional reports of insomnia
- Hyperactivity
- Decreased appetite
|
| Tetrahydrocannabinol |
Unknown |
Moderate |
| Hashish and Hashish Oil |
Unknown |
Moderate |
Hallucinogens |
| LSD |
None |
Unknown |
- Illusions and hallucinations
- Altered perception of time and distance
|
- Longer
- More intense "trip" episodes
- Psychosis
- Possible death
|
|
| Mescaline and Peyote |
None |
Unknown |
| Amphetamine Variants |
Unknown |
Unknown |
| Phencyclidine and Analogs |
Unknown |
High |
| Other Hallucinogens |
None |
Unknown |
Anabolic Steroids |
| Testosterone
(Cypionate, Enanthate) |
Unknown |
Unknown |
- Virilization
- Acne
- Testicular atrophy
- Gynecomastia
- Aggressive behavior
- Edema
|
|
|
| Nandrolone
(Decanoate,
Phenpropionate) |
Unknown |
Unknown |
| Oxymetholone |
Unknown |
Unknown |
|
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