The sentence for possession of more than five grams of crack has increased to a minimum of five years in prison, even for first offenders. Manufacturing, delivering, or possessing with intent to deliver a controlled substance is a crime with escalating penalties depending on the drug involved, the quantity of the drug and the offender's prior record. For example, a first offender convicted of possessing with intent to deliver 100 grams to five kilograms of heroin will receive a mandatory minimum sentence of five years in prison and up to forty years. The offense of continuing criminal enterprise is charged when the defendant commits a felony drug violation as part of a continuing enterprise with five or more individuals from which substantial income is obtained. Its penalty is twenty years to life in prison, or even the death penalty if the offender intentionally kills another.
Most states have drug laws that mirror the federal act.
However, the penalties may be less harsh and more flexible under state sentencing schemes than under the federal sentencing guidelines. A conviction of simple possession, for example may receive a sentence of drug treatment rather than jail time, and probation may be available to first-time offenders for even the more serious crimes. Defense Strategies Plea Bargaining Pre-Sent Invest. Drug Tests Fingerprint Evid.