Trafficking Penalties

The trafficking and penalties section is a very complex area of federal and state law. Federal and state law identifies substances under five different schedules. The determination of the scheduling would depend on the amount and weight of the substance. As example, please refer to the charts below. For more specific information, contact Campus Police.

Federal Trafficking Penalties – Marijuana*

[djm1] DRUG

QUANTITY

1st OFFENSE

2nd OFFENSE

Marijuana

(Including mixture containing detectable quantity**)

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

(Including mixture containing detectable quantity**)

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

 

 *Source:  U.S. Drug Enforcement Agency -  http://www.usdoj.gov/dea/agency/penalties.htm

**Includes Hashish and Hashish oil. (Marijuana is a scheduled Controlled Substance.)

September 5, 2008

 

The Penalty Chart of State Laws
Controlling Drug Offenses

Controlled Substances

Prohibited Acts

Penalty (Maximum)

Schedule
I or II
Narcotic

 

  • Possession  
  • Possession with intent to deliver
  • Delivery
  • Distribution to under 18 by those over 21

 

1 yr. and $5,000 fine
15 yrs. & $250,000 fine
30 yrs. & $250,000 fine

Schedule I
Marijuana (30 g or less)
Hashish (8 g or less)

 

  • Possession (for use)
  • Distribution without sale

30 days & $500 fine
30 days & $500 fine

Schedule I or
II or III
Non-narcotic

 

  • Possession
  • Possession with intent to deliver and delivery
  • Distribution to under 18 by those over 21

1 yr & $5,000 fine
5 yrs. & $15,000 fine
10 yrs. & $15,000 fine

Schedule IV

 

  • Possession
  • Possession with intent to deliver and delivery
  • Distribution to under 18 by those over 21

1 yr. & $5,000 fine
3 yrs. & $10,000 fine
6 yrs. & $10,000 fine

Drug and Alcohol Policies

 


 [djm1]Updated Chart