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	1^st OFFENSE	2^nd 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

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[djm1]Updated Chart