Drug Trafficking Laws
- The most severe penalties, Federal Drug Trafficking Penalties, are reserved for Schedule I illicit substances. These are considered among the most dangerous and include a variety of substances from heroin to LSD. First offense penalties for Schedule I drugs are limited to five years to a life sentence in prison and up to $5 million in fines. Penalties for a first offense are not to exceed these limits, although higher fines and more jail time may be allowed by judges in the case of a second offense.
- Although some drugs such as cocaine and PCP are subject to the trafficking penalties under Schedule I substances, the majority of Schedule II drugs are subject to lower fines and penalties in the case of trafficking. For example, someone who sells a substance with any amount of Gamma-Hydroxybutyric Acid (GHB) is subject to 20 years in prison or a life term if the substance results in the death of one or more individuals.
- Any amount of Schedule III drugs can be penalized by up to, but no more than, five years' prison time and up to $1 million in fines, if more than one person is trafficking. Individuals committing second offenses can receive up to 10 years in prison and/or $500,00 in fines. If multiple people are involved in the second trafficking offense the fines can go up to $2 million. Flunitrazepam, a Schedule IV drug, is subject to the same fines if the amount transported falls between 30 and 999 mg. One gram or more of this substance may result in a life sentence.
- Many drugs including flunitrazepam are considered Schedule IV drugs and can carry penalties as stiff as those for Schedule I and II drugs. Second offenses of trafficking for such drugs may be penalized with fines up to $10 million and lifetime prison sentence. However, first offenses of trafficking Schedule IV drugs can carry sentences as low as three years in prison and $250,000 in fines.
- Trafficking offenses for marijuana vary widely. For example, a first offense of trafficking might result in prison penalties of less than five years in prison. However, the trafficking of marijuana for sale and distribution, when resulting in the death of one or more individuals, can carry a mandatory life sentence and up to $20 million in fines for more than one person.
Schedule I Drugs
Schedule II Drugs
Schedule III Drugs
Schedule IV Drugs
Marijuana
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