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Drug Trafficking Penalties
The following is a sample of the Federal Trafficking Penalties. For an up-to-date version of the Federal Trafficking Penalties, please refer to the website for the United States Drug Enforcement Administration at http://www.usdoj.gov/dea/agency/penalties.htm.
The Criminal Defense Attorneys at Robbins, Tunkey, Ross, Amsel, Raben & Waxman, P.A., in Miami, FL, are all very well versed in the Federal Trafficking Penalties and their application. If you or a loved one has been contacted by the authorities or is in need of legal advice for the Federal Trafficking Penalties, contact the Miami Criminal Defense Attorneys of Robbins, Tunkey, Ross, Amsel, Raben & Waxman, P.A. 24 hours a day, 7 days a week toll free at (866) 262-4874.
The hiring of a Miami Criminal Attorney is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice or the formation of a criminal defense lawyer / client relationship.
Federal Trafficking Penalties
|
DRUG/SCHEDULE |
QUANTITY |
PENALTIES |
QUANTITY |
PENALTIES |
| Cocaine (Schedule II) |
500 - 4999 gms mixture |
First Offense:
Not less than 5 yrs, and not more than 40 yrs. If death or serious injury, not less than 20 or more than life. Fine of not more than $2 million if an individual, $5 million if not an individual
Second Offense: Not less than 10 yrs, and not more than life. If death or serious injury, life imprisonment. Fine of not more than $4 million if an individual, $10 million if not an individual
|
5 kgs or more mixture |
First Offense:
Not less than 10 yrs, and not more than life. If death or serious injury, not less than 20 or more than life. Fine of not more than $4 million if an individual, $10 million if not an individual.
Second Offense: Not less than 20 yrs, and not more than life. If death or serious injury, life imprisonment. Fine of not more than $8 million if an individual, $20 million if not an individual.
2 or More Prior Offenses: Life imprisonment
|
| Cocaine Base (Schedule II) |
5-49 gms mixture |
50 gms or more mixture |
| Fentanyl (Schedule II) |
40 - 399 gms mixture |
400 gms or more mixture |
| Fentanyl Analogue (Schedule I) |
10 - 99 gms mixture |
100 gms or more mixture |
| Heroin (Schedule I) |
100 - 999 gms mixture |
1 kg or more mixture |
| LSD (Schedule I) |
1 - 9 gms mixture |
10 gms or more mixture |
| Methamphetamine (Schedule II) |
5 - 49 gms pure or 50 - 499 gms mixture |
50 gms or more pure or 500 gms or more mixture |
| PCP (Schedule II) |
10 - 99 gms pure or 100 - 999 gms mixture |
100 gm or more pure or 1 kg or more mixture |
|
PENALTIES |
|
Other Schedule I & II drugs (and any drug product containing Gamma Hydroxybutyric Acid) |
Any amount
|
First Offense: Not more that 20 yrs. If death or serious injury, not less than 20 yrs, or more than Life. Fine $1 million if an individual, $5 million if not an individual.
Second Offense: Not more than 30 yrs. If death or serious injury, not less than life. Fine $2 million if an individual, $10 million if not an individual |
Flunitrazepam
(Schedule IV) |
1 gm or more |
|
Other Schedule III drugs |
Any amount
|
First Offense: Not more than 5 years. Fine not more than $250,000 if an individual, $1 million if not an individual.
Second Offense: Not more 10 yrs. Fine not more than $500,000 if an individual, $2 million if not an individual |
| Flunitrazepam (Schedule IV) |
30 to 999 mgs |
|
All other Schedule IV drugs |
Any amount |
First Offense: Not more than 3 years. Fine not more than $250,000 if an individual, $1 million if not an individual.
Second Offense: Not more than 6 yrs. Fine not more than $500,000 if an individual, $2 million if not an individual. |
| Flunitrazepam (Schedule IV) |
Less than 30 mgs |
|
All Schedule V drugs |
Any amount |
First Offense: Not more than 1 yr. Fine not more than $100,000 if an individual, $250,000 if not an individual.
Second Offense: Not more than 2 yrs. Fine not more than $200,000 if an individual, $500,000 if not an individual. |
Federal Trafficking Penalties - Marijuana
| DRUG |
QUANTITY |
1st OFFENSE |
2nd OFFENSE |
| Marijuana |
1,000 kg or more mixture; or 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
- Fine not more than $4 million if an individual, $10 million if other than an individual
|
- Not less than 20 years, not more than life
- If death or serious injury, mandatory life
- Fine not more than $8 million if an individual, $20 million if other than an individual
|
| Marijuana |
100 kg to 999 kg mixture; or 100 to 999 plants |
- Not less than 5 years, not more than 40 years
- If death or serous injury, not less than 20 years, not more than life
- Fine not more than $2 million if an individual, $5 million if other than an individual
|
- Not less than 10 years, not more than life
- If death or serious injury, mandatory life
- Fine not more than $4 million if an individual, $10 million if other than an individual
|
| Marijuana |
more than 10 kgs hashish; 50 to 99 kg mixture
more than 1 kg of hashish oil; 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 if an individual, $5 million if other than an individual
|
- Not more than 30 years
- If death or seroius injury, mandatory life
- Fine $2 million if an individual, $10 million if other than individual
|
| Marijuana |
1 to 49 plants; less than 50 kg mixture |
- Not more than 5 years
- Fine not more than $250,000, $1 million other than individual
|
- Not more than 10 years
- Fine $500,000 if an individual, $2 million if other than individual
|
| Hashish |
10 kg or less |
| Hashish Oil |
1 kg or less |
“Disclaimer: The information on this page does not represent legal advice. Florida Statues obtained from Online Sunshine, www.leg.state.fl.us, the official site of the Florida Legislature. Because the law is continually changing, some of the provisions contained herein may be out of date. Contact the experienced criminal defense attorneys of Robbins, Tunkey, Ross, Amsel, Raben & Waxman, P.A. 24 hours a day, 7 days a week, toll free at (866) 262-4874 begin_of_the_skype_highlighting (866) 262-4874 end_of_the_skype_highlighting or locally at (305) 858-9550.
The hiring of a Miami Criminal Attorney is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice or the formation of a criminal defense lawyer / client relationship.
Call today for a free consultation with a Miami Criminal Lawyer if you or a loved one are in need of a criminal defense attorney in Aventura, Bal Harbour, Bay Harbor Islands, Biscayne Park, Boca Raton, Broward County, Coconut Grove, Cooper City, Coral Gables, Coral Springs, Cutler Bay, Dade County, Davie, Doral, El Portal, Florida City, Fort Lauderdale, Golden Isles, Goulds, Hialeah, Hieleah Gardens, Hollywood, Homestead, Indian Village, Islandia, Kendall, Key Biscayne, Leisure City, Medley, Miami, Miami Beach, Miami Gardens, Miami Lakes, Miami Shores Village, Miami Springs, Miramar, North Bay Village, North Miami, North Miami Beach, Opa-Locka, Palm Beach County, Palmetto Bay, Pinecrest, Pinewood, Plantation, Princeton, Richmond Heights, South Miami, Sunny Isles Beach, Surfside, Sweetwater, Virginia Gardens, West Miami, Westchester, Weston, Westwood Lake or any other city in South Florida, throughout the State or all over the country.” |
