What Drug Crimes Are Federal?
Any drug offense can be federal. If a federal agency such as the FBI or DEA was involved in the investigation or arrest, the offense involved drugs crossing state lines, or occurred on federal property or territory it will be prosecuted by the federal government. Federal prosecutors can also take over state cases if there is an agreement with state authorities, or if there is a federal interest. Federal drug crimes carry much higher penalties than state drug crimes. They are charged as felonies and/or misdemeanors.
What is the punishment for federal drug crimes?
The punishment for federal drug crimes is severe. It may include millions of dollars in fines and decades in prison. Most are charged as felonies, but there are a federal drug offenses that may be charged as misdemeanors.
- Misdemeanors: Most federal drug offenses are felonies with extreme penalties. The following are some of the few federal drug misdemeanors, and are rarely charged by the federal government without accompanying felony charges.
- 21 U.S. Code § 841(b)(4) – Distributing small amount of marijuana for no remuneration
Distributing a “small amount” of marijuana for no compensation is treated as “simple possession” under 21 U.S. Code § 844, a federal misdemeanor punishable up to 1 year imprisonment. If convicted, the defendant is required, if able, to pay the “reasonable costs” of the investigation and prosecution of the offense.
- 21 U.S. Code § 844 – Simple possession
The first time offense for possessing a controlled substance without a valid prescription is punishable by minimum fine of $1,000 and imprisonment up to 1 year. This prohibition extends to “list I chemicals” which are chemicals used to make controlled substances. A second offense becomes a felony punishable by minimum fine of $2,500, and imprisonment of 15 days up to 2 years.
- 21 U.S. Code § 842 – Prohibited acts B (Dispensary violations)
Dispensary violations are federal misdemeanors, punishable by fine and imprisonment up to one year. They include tampering with labels and seals, failing to make or keep records, and refusing access to authorized inspectors.
Felonies:
The most common federal drug crimes involve drug trafficking and are charged as felonies. This includes distribution, possession with intent to distribute, manufacture, importation, and exportation. These crimes are punishable with extreme fines in the millions of dollars and many years in prison. The punishment depends on the kind of drug, the quantity involved, and whether it is the first, second, or third offense. For example:
21 U.S. Code §§ 841, 960, 962, and 46 U.S.Code §70506 – Unlawful distribution, possession with intent to distribute, manufacture, importation and exportation, etc.
1st Offense
Substance | Amount | Fine (individual/org) | Imprisonment |
Heroin | 1 kilogram or more | $10/50 million | 10 years to life |
100 to 999 grams | $5/25 million | 5 to 40 years | |
Less than 100 grams | $1/5 million | Up to 20 years | |
Coca leaves, cocaine, or ecgonine containing cocaine base (“Crack,” etc.) | 280 grams or more | $10/50 million | 10 years to life |
28 to 279 grams | $5/25 million | 5 to 40 years | |
Less than 28 grams | $1/5 million | Up to 20 years | |
PCP (phencyclidine) | 100 grams or more | $10/50 million | 10 years to life |
10 to 99 grams | $5/25 million | 5 to 40 years | |
Less than 10 grams | $1/5 million | Up to 20 years | |
Fentanyl (synthetic heroin) | 400 grams or more | $10/50 million | 10 years to life |
40 to 399 grams | $5/25 million | 5 to 40 years | |
Less than 40 grams | $1/5 million | Up to 20 years | |
Marijuana | 1000 kg or plants | $10/50 million | 10 years to life |
100-999 kg or plants | $5/25 million | 5 to 40 years | |
50-99 kg or plants | $1/5 million | Up to 20 years | |
Under 50 kg or plants | $250,000/$1 million | Up to 5 years | |
Methamphetamine | 50 grams or more or 500 grams or more of a mixture | $10/50 million | 10 years to life |
5 to 49 grams or 50 to 499 grams of a mixture | $5/25 million | 5 to 40 years | |
Less than 5 grams or less than 50 grams of a mixture | $1/5 million | Up to 20 years | |
Any other Schedule I or II substance (except GHB, other coca leaf derivatives, flunitrazepam, and ecgonine) | |||
Any Weight Any other Schedule III substanc | $1/5 million | Up to 20 years | |
Any Weight Any other Schedule IV substance | $500,000/$2.5 million | Up to 15 years | |
Any Weight Any Schedule V substance | $250,000/$1 million | Up to 5 years | |
Any Weight | $100,000/$250,000 | Up to 1 year |
2nd Offense
Substance | Amount | Fine (individual/org) | Imprisonment |
Heroin | 1 kilogram or more | $20/75 million | 20 years to life |
100 to 999 grams | $8/50 million | 10 years to life | |
Less than 100 grams | $2/10 million | Up to 30 years | |
Coca leaves, cocaine, or ecgonine containing cocaine base (“Crack,” etc.) | 280 grams or more | $20/75 million | 20 years to life |
28 to 279 grams | $8/50 million | 10 years to life | |
Less than 28 grams | $2/10 million | Up to 30 years | |
PCP (phencyclidine) | 100 grams or more | $20/75 million | 20 years to life |
10 to 99 grams | $8/50 million | 10 years to life | |
Less than 10 grams | $2/10 million | Up to 30 years | |
Fentanyl (synthetic heroin) | 400 grams or more | $20/75 million | 20 years to life |
40 to 399 grams | $8/50 million | 10 years to life | |
Less than 40 grams | $2/10 million | Up to 30 years | |
Marijuana | 1000 kg or plants | $20/75 million | 20 years to life |
100-999 kg or plants | $8/50 million | 10 years to life | |
50-99 kg or plants | $2/10 million | Up to 30 years | |
Under 50 kg or plants | $500,000/$2 million | Up to 10 years | |
Methamphetamine | 50 grams or more or 500 grams or more of a mixture | $10/50 million | 20 years to life |
5 to 49 grams or 50 to 499 grams of a mixture | $5/25 million | 10 years to life | |
Less than 5 grams or less than 50 grams of a mixture | $1/5 million | Up to 30 years | |
Any other Schedule I or II substance (except GHB, other coca leaf derivatives, flunitrazepam, and ecgonine) | |||
Any Weight Any other Schedule III substanc | $1/5 million | Up to 20 years | |
Any Weight Any other Schedule IV substance | $500,000/$2.5 million | Up to 15 years | |
Any Weight Any Schedule V substance | $250,000/$1 million | Up to 5 years | |
Any Weight | $100,000/$250,000 | Up to 1 year |
3rd Offense
Substance | Amount | Fine (individual/org) | Imprisonment |
A Schedule I or II substance singled out for special penalty treatment (as indicated above) in amounts constituting a top level offense | Same as 2nd offense | Life |
If you or someone you love is facing Drug charges in the federal court system, contact us immediately.
Even if the government’s investigation is ongoing and you have not yet been formally charged, we can help protect your rights, and take proactive steps to mitigate your exposure to life-changing criminal penalties.
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