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Federal Drug Crimes--Sentence Possibilities |
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If an individual is convicted of a federal drug crime, whether it happened after a trial or after pleading guilty, that person will be sentenced by a Federal District Judge. The range of possible punishments can be convoluted and somewhat opaque. Therefore, the table below is intended to make things a little more understandable. It should be noted that the table does not include all possible sentences codified in 21 U.S.C. § 841. For example, it does not--except for marijuana (which Congress insists on spelling "marihuana")--address minor possession punishments. Nor does it address sentences for controlled substances grown on Federal lands. And it does not address the enhancement available if the individual distributes a controlled substance to a minor. Nonetheless, the table does encapsulate the most common statutory considerations. | Drug Type and Quantity | No Prior Conviction | One Prior Final Felony Drug Conviction | Two or More Prior Final Felony Drug Convictions | | | Baseline | Death or Serious Bodily Injury | Baseline | Death or Serious Bodily Injury | Baseline | | Heroin | | | | | | 1 kg or more | 10 years to life | 20 years to life | 20 years to life | Life | Life | 100 grams or more | 5 to 40 years | 20 years to life | 10 years to life | Life | | | | | | | | | | Cocaine | | | | | | 5 kg or more | 10 years to life | 20 years to life | 20 years to life | Life | Life | 500 grams or more | 5 to 40 years | 20 years to life | 10 years to life | Life | | | | | | | | | | Cocaine Base ("Crack") | | | | | | 50 grams or more | 10 years to life | 20 years to life | 20 years to life | Life | Life | 5 grams or more | 5 to 40 years | 20 years to life | 10 years to life | Life | | | | | | | | | | Phencyclidine ("PCP") | | | | | | 100 grams or more; or 1 kg or more of a mixture containing a detectable amount of PCP | 10 years to life | 20 years to life | 20 years to life | Life | Life | 10 grams or more; or 100 grams or more of a mixtrue containing a detectable amount of PCP | 5 to 40 years | 20 years to life | 10 years to life | Life | | | | | | | | | | Lysergic Acid Diethylamide (LSD) | | | | | | 10 grams or more | 10 years to life | 20 years to life | 20 years to life | Life | Life | 1 gram or more | 5 to 40 years | 20 years to life | 10 years to life | Life | | | | | | | | | | Fentanyl / Duragesic* | | | | | | 400 grams or more | 10 years to life | 20 years to life | 20 years to life | Life | Life | 40 grams or more | 5 to 40 years | 20 years to life | 10 years to life | Life | Life | | | | | | | | | Marihuana and Hashish | | | | | | 1000 kg or more; or 1,000 plants | 10 years to life | 20 years to life | 20 years to life | Life | Life | 100 kg or more; or 100 or more plants | 5 to 40 years | 20 years to life | 10 years to life | Life | | Less than 50 kg or marihuana | 0 to 5 years | | 0 to 10 years | | | Less than 10 kg of hashish | 0 to 5 years | | 0 to 10 years | | | Less than 1 kg of hashish oil | 0 to 5 years | | 0 to 10 years | | | Small amount of marihuana with no remuneration | 0 to 1 year | | 15 days to 2 years | | 90- days to 3 years | | | | | | | | | Methamphetamine | | | | | | 50 grams or more; or 500 grams of more of a mixture containing a detectable amount | 10 years to life | 20 years to life | 20 Years to life | Life | Life | 5 grams or more; or 50 grams of more of a mixture containing a detectable amount | 5 to 40 years | 20 years to life | 10 years to life | Life | | | | | | | | | Other Schedule I or Schedule II drugs | 0 to 20 years | 20 years to life | 0 to 30 years | Life | | | | | | | | | | Gamma Hydroxybutyric acid | 0 to 20 years | 20 years to life | 0 to 30 years | Life | | | | | | | | | | Flunitrazepam | | | | | | 1 gram or more | 0 to 20 years | 20 years to life | 0 to 30 years | Life | | 30 mg or more | 0 to 5 years | | 0 to 10 years | | | | | | | | | | | Schedule III Drugs | 0 to 5 years | | 0 to 10 years | | | | | | | | | | | Schedule IV Drugs | 0 to 3 years | | 0 to 6 years | | | | | | | | | | | Schedule V Drugs | Up to 1 year | | 0 to 2 years | | |
In addition to the prison sentences available, substantial fines can be imposed. *N-phenyl-N- [1-(2-phenylethyl)-4-piperidinyl] propanamide
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