United States Code Title 21 – Food and Drugs includes laws and sanctions regarding controlled substances (see 21 U.S.C. § 802(6) for the definition of “controlled substance”).
Penalties may include, but are not limited to:
- a “term of imprisonment of not more than 1 year” and a fine of “a minimum of $1,000” or both (21 U.S.C. § 844(a)) for simple possession;
- forfeiture of property for violations “punishable by imprisonment for more than one year” (21 U.S.C. § 853(a));
- a fine and “a term of imprisonment of not less than one year” for “distributing, possessing with intent to distribute, or manufacturing a controlled substance in or on, or within one thousand feet of, the real property comprising a…public or private…university” (21 U.S.C. § 860(a)); and
- ineligibility for “assistance under any State program funded under part A of title IV of the Social Security Act” and “benefits under the supplemental nutrition assistance program (as defined in section 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012)) or any State program carried out under that Act” for felonies with “an element the possession, use, or distribution of a controlled substance” (21 U.S.C. § 862a(a)).
In addition, a “student who is convicted of any offense under any Federal or State law involving the possession or sale of a controlled substance for conduct that occurred during a period of enrollment for which the student was receiving any grant, loan, or work assistance under [20 U.S.C. Chapter 28, Subchapter IV] shall not be eligible to receive any grant, loan, or work assistance under [20 U.S.C. Chapter 28, Subchapter IV] from the date of that conviction for the period of time specified in the following table:
| If convicted of an offense involving: | |
| The possession of a controlled substance: | Ineligibility period is: |
| First offense | 1 year |
| Second offense | 2 years |
| Third offense | Indefinite. |
| The sale of a controlled substance: | Ineligibility period is: |
| First offense | 2 years |
| Second offense | Indefinite. |
See 20 U.S.C. § 1091(r)(2)for information on rehabilitation.
Federal Trafficking Penalties
| Drug/Schedule | Quantity | Penalties | Quantity | Penalties |
|---|---|---|---|---|
Cocaine (Schedule II) | 500-4999 grams 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 $5 million if an individual, $25 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 $8 million if an individual, $50 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 $10 million if an individual, $50 million if not an individual. Second Offense: Not less than 15 yrs, and not more than life. If death or serious injury, life imprisonment. Fine of not more than $20 million if an individual, $75 million if not an individual. 2 or More Prior Offenses: Not less than 25 years. Fine of not more than $20 million if an individual, $75 million if not an individual. |
Cocaine Base (Schedule II) | 28–279 grams mixture | 280 grams or more mixture | ||
Fentanyl (Schedule II) | 40-399 grams mixture | 400 grams or more mixture | ||
Fentanyl Analogue (Schedule I)
| 10-99 grams mixture | 100 grams or more mixture | ||
Heroin (Schedule I) | 100-999 grams mixture | 1 kg or more mixture | ||
LSD (Schedule I) | 1-9 grams mixture | 10 grams or more mixture | ||
Methamphetamine (Schedule II) | 5-49 grams pure or 50-499 grams mixture | 50 grams or more pure or 500 grams or more mixture | ||
PCP (Schedule II) | 10-99 grams pure or 100-999 grams 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)
Flunitrazepam (Schedule IV) | Any amount
1 gram | First Offense: Not more than 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 bodily injury, life imprisonment. Fine $2 million if an individual, $10 million if not an individual. | ||
| Other Schedule III drugs | Any amount | First Offense: Not more than 10 years. If death or serious injury, not more than 15 yrs. Fine not more than $500,000 if an individual, $2.5 million if not an individual. Second Offense: Not more than 20 yrs. If death or serious injury, not more than 30 yrs. Fine not more than $1 million if an individual, $5 million if not an individual. | ||
| All other Schedule IV drugs | Any amount | First Offense: Not more than 5 yrs. Fine not more than $250,000 if an individual, $1 million if not an individual. Second Offense: Not more than 10 yrs. Fine not more than $500,000 if an individual, $2 million if other than an individual. | ||
Flunitrazepam (Schedule IV) | Other than 1 gram or more | |||
| 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 4 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 (Schedule I) | 1,000 kg or more marijuana mixture; or 1,000 or more marijuana plants | Not less than 10 yrs. or more than life. If death or serious bodily injury, not less than 20 yrs., or more than life. Fine not more than life. Fine not more than $10 million if an individual, $50 million if other than an individual. | Not less than 15 yrs. or more than life. If death or serious bodily injury, life imprisonment. Fine not more than $20 million if an individual, $75 million if other than an individual. |
Marijuana (Schedule I) | 100 kg to 999 kg marijuana mixture; or 100 to 999 marijuana plants | Not less than 5 yrs. or more than 40 yrs. If death or serious bodily injury, not less than 20 yrs., or more than life. Fine not more than life. Fine not more than $5 million if an individual, $25 million if other than an individual. | Not less than 10 yrs. or more than life. If death or serious bodily injury, life imprisonment. Fine not more than $8 million if an individual, $50 million if other than an individual. |
Marijuana (Schedule I) | More than 10 kgs hashish; 50 to 99 kg marijuana mixture More than 1 kg of hashish oil; 50 to 99 marijuana plants | Not less than 20 yrs. If death or serious bodily injury, not less than 20 yrs., or more than life. Fine $1 million if an individual, $5 million if other than an individual. | Not less than 30 yrs. If death or serious bodily injury, life imprisonment. Fine $2 million if an individual, $10 million if other than an individual. |
Marijuana (Schedule I) | Less than 50 kg marijuana (except 50 or more marijuana plants regardless of weight); 1 to 49 marijuana plants; | Not more than 5 yrs. Fine not more than $250,000, $1 million if other than an individual | Not more than 10 yrs. Fine $500,000 if an individual, $2 million if other than individual. |
Hashish (Schedule I) | 10 kg or less | Not more than 5 yrs. Fine not more than $250,000, $1 million if other than an individual. | Not more than 10 yrs. Fine $500,000 if an individual, $2 million if other than individual. |
Hashish Oil (Schedule I) | 1 kg or less | Not more than 5 yrs. Fine not more than $250,000, $1 million if other than an individual. | Not more than 10 yrs. Fine $500,000 if an individual, $2 million if other than individual. |
*The minimum sentence for a violation after two or more prior convictions for a felony drug offense have become final is not less than 25 years imprisonment and a fine up to $20 million if an individual and $75 million if other than an individual. (A DEA Resource Guide 2022 Edition).
See 21 U.S.C. § 812 for schedules of controlled substances, and 21 U.S.C. § 841(b) for additional penalties. Additional, and the most up-to-date, information regarding the Controlled Substances Act of 1970 and federal trafficking penalties can be found on the United States Drug Enforcement Administration (DEA) website.