Appendix 3

Federal Penalties and Sanctions from Illegal Trafficking and Possession of a Controlled Substance (As of January 1, 1996)

Controlled Substances Act Schedule	1^st Offense	2^nd Offense	Quantity	Drug	Quantity	1^st Offense	2^nd Offense
I and II	Not less than 5 years Not more than 40 years If death or serious injury, not less than 20 years or more than life *Fie of 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 less than life *Fine of not more than $4 million individual $10 million other than individual	10-99 gm pure or 100 –999 gm mixture	Methamphetamine	100 gm or more pure of 1 kg or more mixture	Not less than 10 years. Not more than life If death or serious injury, not less than 20 years or more than life. *Fine of 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 less than life *Fine of not more than $8 million individual, $20 million other than individual
			100-999 gm mixture	Heroin	1 kg or more mixture
			500-4,999 gm mixture	Cocaine	5 kg or more mixture
			5-49 gm mixture	Cocaine Base	50 gm or more mixture
			10-99 gm pure or 100 – 999 gm mixture	PCP	100 gm or ore pure or 1 kg or more mixture
			1-9 gm mixture	LSD	10 gm or more mixture
			40-399 gm mixture	Fetanyl	400 gm or more mixture
			10-99 gm mixture	Fetanyl 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.

Federal Trafficking Penalties (As of January 1, 1996)

Controlled Substances Act Schedule	Drug	Quantity	1^st Offense	2^nd Offense
I and II	Others (law does not include marijuana, hashish, or has oil	Any	Not ore than 20 years If death or serous injury, not less than 20 years, not more than life *Fine $1 million individual, $5 million not individual	Not ore than 30 years If death or serious injury, life *Fine $2 million individual, $10 million not individual
III	All (included in Schedule II 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, 41 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 3 years Fine note more than $250,000 individual, $1 million not individual	Not more than 6 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 1 year Fine not more than $100,000 individual, $250,000 not individual	Not more than 2 years Fine note more than $200,000 individual, $500,000 not individual

Federal Trafficking Penalties – Marijuana (includes hashish and hashish oil)

(As of January 1, 1996)

Description	Quantity	1^st Offense	2^nd Offense
Marijuana	1,000 kg or ore mixture; or 1,000 or more plants	Not less than 10 years, not more than life If death or serous injury, not less than 20 years, not ore 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 serous 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 5 years, not ore than 40 years If death or serous injury, not less than 20 years, not ore than life *Fine not ore than $2 million individual, $5 million other than individual	Not less than 10 years, not ore than life If death or serous 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 serous 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 ore than life *Fine $2 million individual, $10 million other than individual
Marijuana	Less than 50 kg mixture	Not ore than 5 years Fine not ore than $250,000, $1 million other than individual	Not more than 10 years Fine 4500,000 individual, $2 million other than individual
Hashish	10 kg or more
Hashish Oil	1 kg or more

Federal Penalties and Sanction s for Illegal Trafficking and Possession of a Controlled Substance

21U.S.C. 844(a)

1^st conviction: up to 1 year imprisonment and fined at least $1,000 but not more than $100,000, or both. After 1 prior drug conviction: At least 15 days in prison, not to exceed 2 years and fined at least $2,500 but not more than $250,000, or both. After 2 or more prior drug convictions: At least 90 days in prison, not to exceed 3 years and fined at least $5,000 but not more than $250,000, or both. Special sentencing provision for possession of crack cocaine: Mandatory at least 5 years in prison, not to exceed 20 years and fined up to $250,000, or both, if:

(a) 1st conviction and the amount of crack possessed exceeds 5 grams.

(b) 2nd crack conviction and the amount of crack possessed exceeds 3 grams.

(c) 3rd or subsequent crack conviction and the amount of crack possessed exceeds 1 gram.

21 U.S.C. 853(a)(2) and 881(a)(7)
Forfeiture of personal and real property used to possess or to facilitate possession of a controlled substance if that offense is punishable by more than 1 year imprisonment. (See special sentencing provisions re: crack)

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 1 year for first offense, up to 5 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.

Note: These are only Federal penalties and sanctions. Additional State penalties and sanctions may apply.

Appendix 3

Drug

I and II

Federal Penalties and Sanction s for Illegal Trafficking and Possession of a Controlled Substance