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 Fine $1 million individual, $5 million not individual Not more than 30 years If death or serious injury, life Fine $2 million individual, $10 million not individual Controlled Substances Act Schedule* Drug Quantity 1st Offense 2nd Offense III All (included in Schedule III are anabolic steroids, codeine and hydrocodone with aspirin or Tylenol® and some barbituates) Any Not more than 5 years Fine not more than $250,000 individual, $1 million not individual Not more than 10 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 not more than $250,000 individual, $1 million not individual Not more than 6 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 not more than $200,000 individual, $500,000 not individual
Controlled Substances Act Schedule 1st Offense 2nd Offense Quantity Drug Quantity 1st Offense 2nd Offense I and II Not less than 5 Not more than 40 years. If death or serious injury, not less than 20 years or more than life Fine of not more than $2 million individual, $5 million other than individual Not less than 10 years. Not more than life If or serious injury, not less than life Fine of not more than $4 million individual, $10 million other than individual 10-99g pure or 100-999g mixture Metham- phetamine 100g or more pure or 1kg 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 $20 million other than individual 100-999g mixture Heroin 100-999g mixture 500- 4,999g mixture Cocaine 5 kg or more mixture 5-49g mixture Cocaine Base 50g or more mixture 10-99g pure or 100-999g mixture PCP 100g or more pure or 1kg or more mixture 1-9g mixture LSD 10g or more mixture 40-399g mixture Fentanyl 400g or more mixture 10-99g mixture Fentanyl Analogue 100g or more mixture *The Controlled Substances Act (1970) places all substances regulated federal law into one of five schedules based on the substance’s medical use, potential for abuse, and safety or dependence liability. Federal Penalties and Sanctions for Illegal Trafficking and Possession of a Controlled Substance Description Quantity 1st Offense 2nd Offense
Marijuana 1,000 kg or more mixture; 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 Fi ne not more than $ 4 mi lli on 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 indi- vidual Marijuana 100 kg to 999 kg mixture; or 100-999 plants Not less than 5 years, not more than 40 years If death or serious injury, not less than 20 years, not more than life Fi ne not more than $ 2 mi lli on individual, $5 million 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 indi- vidual Marijuana 50 to 99 kg mixture; or 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 F ine $2 millio n ind i - vidual, $10 million other than individual Marijuana Less than 50 kg mixture Not more than 5 Fine not mo re than $250,000 individual, $1 million other than individual Not more than 10 Fine $500,000 ind i - vidual, $2 million other than individual Hashish 10 kg or more Hashish Oil 1 kg or more Federal Penalties and Sanctions for Illegal Possession of a Controlled Substance 21 U.S.C. 844(a) 1st 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 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.