Federal Drug Offenses
Is The Drug Legal Or Illegal?
Depending on how a drug is used, or what it is being used for, often determines the legality of the substance in question. For example, marijuana is sometimes prescribed to treat nausea due to cancer, barbiturates are prescribed to help treat various anxiety disorder
s, and amphetamines are often used to treat attention deficit disorder. Although these drugs are legal when prescribed, unsupervised use may result in an arrest for a controlled substance; this unprescribed use of drugs is thought to present a danger to society, and so legislators have increased their efforts to regulate these “illicit” drugs by increasing penalties if convicted. In both state and federal courts, most drug charges usually revolve around the trafficking, manufacturing, and possession of controlled substances.
When Is It Considered A Federal Drug Offense And Not A State Offense?
Federal law is often implicated when a defendant manufactures, sells, imports/exports, traffic, or cultivate illegal controlled substances across state boundaries or national borders. The majority of drug convictions in federal court are with drug trafficking charges; most state arrests and convictions are made through simple possession charges.
How Do The Penalties For Federal Drug Convictions Compare To Those Of State Drug Convictions?
One of the main differences between federal and state drug charges are the punishments if convicted. Federal drug crimes tend to carry harsher penalties, including longer prison terms, and higher fines.
Federal Trafficking Penalties for Schedules I, II, III, IV, and V (excluding Marijuana) |
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| Schedule | Substance/Quantity | Penalty | Substance/Quantity | Penalty |
|---|---|---|---|---|
|
II |
Cocaine 500-4999 grams mixture |
First Offense:Not less than 5 yrs. and not more than 40 yrs. If death or serious bodily injury, not less than 20 yrs. 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 bodily injury, life imprisonment. Fine of not more than $8 million if an individual, $50 million if not an individual. | Cocaine 5 kilograms or more mixture |
First Offense:Not less than 10 yrs. and not more than life. If death or serious bodily injury, not less than 20 yrs. 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 20 yrs, and not more than life. If death or serious bodily injury, life imprisonment. Fine of not more than $20 million if an individual, $75 million if not an individual.2 or More Prior Offenses: Life imprisonment. Fine of not more than $20 million if an individual, $75 million if not an individual. |
|
II |
Cocaine Base 28-279 grams mixture |
Cocaine Base 280 grams or more mixture |
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|
IV |
Fentanyl 40-399 grams mixture |
Fentanyl 400 grams or more mixture |
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|
I |
Fentanyl Analogue 10-99 grams mixture |
Fentanyl Analogue 100 grams or more mixture |
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|
I |
Heroin 100-999 grams mixture |
Heroin 1 kilogram or more mixture |
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|
I |
LSD 1-9 grams mixture |
LSD 10 grams or more mixture |
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|
II |
Methamphetamine 5-49 grams pure or 50-499 grams mixture |
Methamphetamine 50 grams or more pure or 500 grams or more mixture |
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|
II |
PCP 10-99 grams pure or 100-999 grams mixture |
PCP 100 grams or more pure or 1 kilogram or more mixture |
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| Substance/Quantity | Penalty | |||
| Any Amount Of Other Schedule I & II Substances | First Offense: Not more that 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 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. | |||
| Any Drug Product Containing Gamma Hydroxybutyric Acid | ||||
| Flunitrazepam (Schedule IV) 1 Gram |
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| Any Amount Of Other Schedule III Drugs | First Offense: Not more than 10 yrs. If death or serious bodily injury, not more that 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. | |||
| Any Amount Of All Other Schedule IV Drugs (other than one gram or more of Flunitrazepam) | 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. | |||
| Any Amount Of All Schedule V Drugs | 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. | |||
More information can be found here
Fort Lauderdale Federal Criminal Defense Attorney
If you have been charged or believe you may be charged in the future with any state or federal drug crimes, you need aggressive representation. Fort Lauderdale based law firm Kenneth Padowitz, P.A. will aggressively defend your rights. Fort Lauderdale Federal criminal defense attorney Kenneth Padowitz will provide you with the strategic criminal defense you need. We represent those accused of drug crimes throughout the U.S. and South Florida, including: Fort Lauderdale, Weston, Tamarac, Parkland, Boca Raton, Miami, and Palm Beach. Contact us so we can discuss this important matter.