Federal Penalties
21 U.5.C. 844 (a)
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.5.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.
Source: U.S. Department of Justice Drug Enforcement Administration Publication: Drugs of Abuse, 1989 Edition.
Federal Penalties and Sanctions for Illegal Possession of a Controlled Substance
21 U.5.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 provisions 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.5.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.
Source: U.S. Department of Justice Drug Enforcement Administration Publication: Drugs of Abuse, 1989 Edition.
Federal Penalties and Sanctions for Illegal Possession of a Controlled Substance
METHAMPHETAMINE | ||
---|---|---|
(possession) | 1. up to 1/2 oz. | 1. Class A misdemeanor. 6 months/$1000 fine |
2. 1/2 - 2 oz. | 2. Class C felony. 1-15 years/$15,000 fine | |
3. 2 oz. or more | 3. Class A-II felony. 3 yrs-life/$40,000 fine | |
(sale) | 1. up to 1/8 oz. | 1. Class D misdemeanor. 1-3 yrs/$15,000 fine |
2. 1/8 - 1/2 oz. | 2. Class B felony. 1-25 yrs/$35,000 fine | |
3. 1/2 oz. or more | 3. Class A-II felony. 3 yrs-life/$50,000 fine | |
HALLUCINOGENS | ||
(possession) | 1. less than 25 mg. | 1. Class A misdemeanor. 6 mos./$1,000 fine |
2. 25-125 mg. | 2. Class C felony. 1-15 yrs/$15,000 fine | |
3. 125-625 mg. | 3. Class B felony. 1-25 yrs/$30,000 fine | |
4. 625 mg. or more | 4. Class A-II felony. 3 yrs-life/$50,000 fine | |
(sale) | 1. less than 25 mg. | 1. Class D felony. 1-23 yrs/$15,000 fine |
2. 25-125 mg. | 2. Class B felony. 1-25 yrs/$30,000 fine | |
3. 125 mg. or more | 3. Class A-II felony. 3 yrs-life/$50,000 fine | |
4. any amount with a prior drug conviction. | 4. Class B felony. 1-25 yrs/$30,000 fine | |
STIMULANTS | ||
(possession) | 1. less than 1 gm. | 1. Class A misdemeanor. 6 mos./$1,000 fine |
2. 1-5 gm. | 2. Class C felony. 1-15 yrs/$15,000 fine | |
3. 5-10 gm. | 3. Class B felony. 1-25 yrs/$30,000 fine | |
4. 10 gm. or more | 4. Class A-II felony. 3 yrs-life/$50,000 fine | |
(sale) | 1. less than 1 gm. | 1. Class D felony. 1-3 yrs/$15,000 fine |
NARCOTIC DRUGS | ||
(possession) | 1. less than 1/8 oz. | 1. Class A misdemeanor. 6 mos./$1,000 fine |
2. 1/8-1/2 oz. | 2. Class C felony. 1-15 yrs/$15,000 fine | |
3. 1/2-2 oz. | 3. Class B felony. 1-25 yrs/$30,000 fine | |
4. 2-4 oz. | 4. Class A-II felony. 3 yrs-life/$50,000 fine | |
5. 4 oz. or more | 5. Class A-I felony. 15 yrs-life/$100,000 fine | |
(sale) | 1. less than 1/2 oz. | 1. Class B felony. 1-25 yrs/$30,000 fine |
2. 1/2-2 oz. | 2. Class A-II felony. 3 yrs-life/$50,000 fine | |
3. 2 oz. or more | 3. Class A-I felony. 15 yrs-life/$100,000 fine | |
NARCOTIC MIXTURES | ||
(possession) | 1. less than 1 oz. | 1. Class A misdemeanor. 6 mos./$1,000 fine |
2. 1/2-2 oz. | 2. Class D felony. 1-3 yrs/$15,000 fine | |
3. 2 oz. or more | 3. Class C felony. 1-15 yrs/$15,000 fine | |
(sale) | 1. ANY QUANTITY | 1. Class C felony. 1-15 yrs/$15,000 fine |
2. any quantity to a person under 21 yrs. of age | 2. Class B felony. 1-25 yrs/$30,000 fine | |
COCAINE | ||
(possession) | 1. 500 mg. or more | 1. Class D felony. 1-3 yrs/$1,000 fine |
LSD | ||
(possession) | 1. up to 1 mg. | 1. Class A misdemeanor. 6 mos./$1,000 fine |
2. 1-5 mg. | 2. Class C felony. 1-15 yrs/$15,000 fine | |
3. 5-25 mg. | 3. Class B felony. 1-25 yrs/$30,000 fine | |
4. 25 mg. or more | 4. Class A-II felony. 3 yrs-life/$50,000 fine | |
(sale) | 1. up to 1 mg. | 1. Class D felony. 1-3 yrs/$15,000 fine |
2. 1-5 mg. | 2. Class B felony. | |
3. 2-25 mg. | 3. Class A-II felony. 3 yrs-life/$50,000 fine | |
4. any amount with a prior drug conviction | 4. Class B felony. 1-25 yrs/$30,000 fine |