Federal Drug Trafficking Penalties Based on Substance, Schedule, and Amount

For the first offense, the sentence ranges from a minimum of 5 years to a maximum of 40 years; however, if there is death or serious injury involved, the sentence increases to a minimum of 20 years, potentially extending to life imprisonment. The fine imposed can be up to $5 million for individuals or up to $25 million for entities other than individuals. For a second offense, the imprisonment term is at least 10 years and can extend to a life sentence.

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For specific substances and amounts

  1. Cocaine (Schedule II): 500-4999 g mixture
  2. Cocaine Base (Schedule II): 28-279 g mixture
  3. Fentanyl (Schedule I): 40-399 g mixture
  4. Fentanyl Analogue (Schedule I): 10-99 g mixture
  5. Heroin (Schedule I): 100-999 g mixture
  6. LSD (Schedule I): 1-9 g mixture
  7. Methamphetamine (Schedule II): 5-49 g pure or 50-499 g mixture
  8. PCP (Schedule II): 10-99 g pure or 100-999 g mixture

Penalties for these amounts

  • First Offense: Minimum of 5 years, maximum of 40 years imprisonment. In cases involving death or serious injury, minimum of 20 years to life. Maximum fine of $5 million for individuals, $25 million otherwise.
  • Second Offense: Minimum of 10 years to life imprisonment. Life imprisonment if death or serious injury occurs. Maximum fine of $8 million for individuals, $50 million otherwise.

If you’re or someone you love has been charged with a federal drug offense, please contact our San Diego drug defense attorney in California for a free consultation.

For larger amounts of the same substances

  1. Cocaine (Schedule II): 5 kg or more mixture
  2. Cocaine Base (Schedule II): 280 g or more mixture
  3. Fentanyl (Schedule IV): 400 g or more mixture
  4. Fentanyl Analogue (Schedule I): 100 g or more mixture
  5. Heroin (Schedule I): 1 kg or more mixture
  6. LSD (Schedule I): 10 g or more mixture
  7. Methamphetamine (Schedule II): 50 g or more pure, 500 g or more mixture
  8. PCP (Schedule II): 100 g or more pure, 1 kg or more mixture

Penalties for these larger amounts

  • First Offense: Minimum of 10 years, maximum of life imprisonment. If death or serious injury, minimum of 20 years to life. Maximum fine of $10 million for individuals, $50 million otherwise.
  • Second Offense: Minimum of 20 years to life imprisonment. Life imprisonment if death or serious injury. Maximum fine of $20 million for individuals, $75 million otherwise.
  • 2 or More Prior Offenses: Life imprisonment. Maximum fine of $20 million for individuals, $75 million otherwise.

For other specific substances and any amounts

  1. Other Schedule I and II Drugs (including Gamma Hydroxybutyric Acid): Any amount
  2. Flunitrazepam (Schedule I): 1 g or more

Penalties:

  • First Offense: Maximum of 20 years. If death or serious injury, minimum of 20 years to life. Maximum fine of $1 million for individuals, $5 million otherwise.
  • Second Offense: Maximum of 30 years. Life imprisonment if death or serious injury. Maximum fine of $2 million for individuals, $10 million otherwise.

For Other Schedule III Substances in any amount

  • First Offense: Maximum of 10 years. If death or serious injury, up to 15 years. Maximum fine of $500,000 for individuals, $2.5 million otherwise.
  • Second Offense: Maximum of 20 years. If death or serious injury, up to 30 years. Maximum fine of $1 million for individuals, $5 million otherwise.

For Other Schedule IV Drugs (except for 1 g or more of Flunitrazepam) in any amount

  • First Offense: Maximum of 5 years. Maximum fine of $250,000 for individuals, $1 million otherwise.
  • Second Offense: Maximum of 10 years. Maximum fine of $500,000 for individuals, $2 million otherwise.

For All Schedule V Substances in any amount

  • First Offense: Maximum of 1 year. Maximum fine of $100,000 for individuals, $250,000 otherwise.
  • Second Offense: Maximum of 4 years. Maximum fine of $200,000 for individuals, $500,000 otherwise.

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