The Federal Government, via the Drug Enforcement Administration (DEA), has very strict regulatory guidelines for all drug trafficking offenses. These penalties apply to federal drug crime cases no matter what state(s) the crime occurs in.
This sentencing information is not meant to serve as a substitute for professional legal guidance or counsel. If you are arrested or charged with any federal drug crimes in Phoenix, you should immediately seek out a competent, aggressive defense attorney to fight for your rights.
Federal Drug Trafficking Penalties
Schedule I Drugs- The federal drug trafficking penalties for Schedule I Drugs including Fentanyl Analogue Mixture, Heroin, and LSD are standard across the board. The same sentencing guidelines are in place for first time offenders who possess up to a certain amount of each drug:
- Five to 40 year prison sentence for a first-time offender, and if serious bodily injury or death occurs, from 20 years to life in prison. Fines of up to $5,000,000 for an individual, or $25,000,000 for more than one person can be levied.
The amounts necessary for these penalties to apply are:
- LSD- One to nine grams of mixture
- Heroin- 100 to 999 grams mixture
- Fentanyl Analogue Mixture- 10 to 99 grams
If you are a second time offender who is arrested in possession of these amounts, you can face:
- A sentence of 10 years to life in prison, with life imprisonment if serious bodily injury or death were to occur. Additionally, fines of up to $8,000,00 for an individual, and $50,000,000 for more than one person can be levied.
If you are a first time offender who is arrested in possession of more than the amounts above, you can be facing:
- LSD- For 10 grams or more, you face a sentence of 10 years to life in prison, with 20 years to life imprisonment for bodily injury of death. Also, fines of up to $10,000,000 for an individual, and $50,000,000 for more than one person can be levied.
- Heroin- For One Kilogram or more, you face a sentence of 10 years to life in prison, with 20 years to life imprisonment for bodily injury of death. Also, fines of up to $10,000,000 for an individual, and $50,000,000 for more than one person can be levied.
- Fentanyl Analogue Mixture- For 100 grams or more, you face a sentence of 10 years to life in prison, with 20 years to life imprisonment for bodily injury of death. Also, fines of up to $10,000,000 for an individual, and $50,000,000 for more than one person can be levied.
For Second offenses:
- LSD- For 10 grams or more, you face a sentence of 20 years to life in prison, with life imprisonment for bodily injury of death. Also, fines of up to $20,000,000 for an individual, and $75,000,000 for more than one person can be levied.
- Heroin- For One Kilogram or more, you face a sentence of 20 years to life in prison, with life imprisonment for bodily injury of death. Also, fines of up to $20,000,000 for an individual, and $75,000,000 for more than one person can be levied.
- Fentanyl Analogue Mixture- For 100 grams or more, you face a sentence of 20 years to life in prison, with life imprisonment for bodily injury of death. Also, fines of up to $20,000,000 for an individual, and $75,000,000 for more than one person can be levied.
And for more than two prior offenses:
- Life imprisonment and fines of up to $20,000,000 for an individual, and $75,000,000 for more than one person
Schedule II Drugs- The federal drug trafficking penalties for Schedule II Drugs including PCP, Methamphetamine (meth), Cocaine, Cocaine Base and Fentanyl are standard across the board. The same sentencing guidelines are in place for first time offenders who possess up to a certain amount of each drug:
- Five to 40 year prison sentence for a first-time offender, and if serious bodily injury or death occurs, from 20 years to life in prison. Fines of up to $5,000,000 for an individual, or $25,000,000 for more than one person can be levied.
The amounts necessary for these penalties to apply are:
- PCP- 10 to 99 grams pure or 100 to 999 grams of mixture
- Meth- 5 to 49 grams pure or 50 to 499 grams of mixture
- Cocaine- 500 to 4999 grams mixture
- Cocaine Base- 28 to 279 grams mixture
- Fentanyl- 40 to 399 grams mixture
If you are a second time offender who is arrested in possession of these amounts, you can face:
- A sentence of 10 years to life in prison, with life imprisonment if serious bodily injury or death were to occur. Additionally, fines of up to $8,000,00 for an individual, and $50,000,000 for more than one person can be levied.
If you are a first time offender who is arrested in possession of more than the amounts above, you can be facing:
- PCP- For 100 grams or more pure or one kilogram of mixture, you face a sentence of 10 years to life in prison, with 20 years to life imprisonment for bodily injury of death. Also, fines of up to $10,000,000 for an individual, and $50,000,000 for more than one person can be levied.
- Meth- For 50 grams or more pure or 500 grams or more of mixture, you face a sentence of 10 years to life in prison, with 20 years to life imprisonment for bodily injury of death. Also, fines of up to $10,000,000 for an individual, and $50,000,000 for more than one person can be levied.
- Cocaine- For five kilograms or more of mixture, you face a sentence of 10 years to life in prison, with 20 years to life imprisonment for bodily injury of death. Also, fines of up to $10,000,000 for an individual, and $50,000,000 for more than one person can be levied.
- Cocaine Base- For 280 grams or more of mixture, you face a sentence of 10 years to life in prison, with 20 years to life imprisonment for bodily injury of death. Also, fines of up to $10,000,000 for an individual, and $50,000,000 for more than one person can be levied.
- Fentanyl- For 400 grams or more of mixture, you face a sentence of 10 years to life in prison, with 20 years to life imprisonment for bodily injury of death. Also, fines of up to $10,000,000 for an individual, and $50,000,000 for more than one person can be levied.
If you are a second time offender who is arrested in possession of these amounts, you can face:
- A sentence of 20 years to life in prison, with life imprisonment for bodily injury of death. Also, fines of up to $20,000,000 for an individual, and $75,000,000 for more than one person can be levied.
And for more than two prior offenses:
- Life imprisonment and fines of up to $20,000,000 for an individual, and $75,000,000 for more than one person
There are also separate penalties if you are arrested with combinations of different drugs in your possession, which you can learn more about by visiting the DEA’s website.
Marijuana, Hashish and Hashish Oil Penalties
Although marijuana is still considered a Schedule I Drug, the federal government has separate sentencing guidelines than the other Schedule I Drugs.
- Up to 50 kilograms of marijuana, one to 49 plants, up to 10 kilograms or hashish and up to one kilogram of hashish oil- For first time offenders, the penalty is up to five years in prison. Fines are not more than $250,000 if an individual, $1,000,000 if other than an individual. For a second offense, the penalty is up to 10 years in prison, Fines are not more than $500,000 if an individual, $2,000,000 if more than one person.
- 50 to 99 kilograms of mixture, 50 to 99 plants, 10 kilograms or more of hashish, and more than one kilogram of hashish oil- For first time offenders, the penalty is up to 20 years in prison. If death or serious bodily injury occurs, the penalty is between 20 years and life in prison. Fines are not more than $1, 000,000 if an individual, $5,000,000 if other than an individual. For a second offense, the penalty is up to 30 years in prison. If death or serious bodily injury occurs, the penalty is life in prison. Fines are not more than $2,000,000 if an individual, $10,000,000 if more than one person.
- 100 to 999 kilograms of mixture or 100 to 999 plants- For first time offenders, the penalty is between five years and 40 years in prison. If death or serious bodily injury occurs, the penalty is between 20 years and life in prison. Fines are not more than $5,000,000 if an individual, $25,000,000 if other than an individual. For a second offense, the penalty is between 10 years and life in prison. If death or serious bodily injury occurs, the penalty is life in prison. Fines are not more than $8,000,000 if an individual, $50,000,000 if more than one person.
- 1000 kilograms or more mixture or 1000 or more plants- For first time offenders, the penalty is between 10 years and life in prison. If death or serious bodily injury occurs, the penalty is between 20 years and life in prison. Fines are not more than $10,000,000 if an individual, $50,000,000 if other than an individual. For a second offense, the penalty is between 20 years and life in prison. If death or serious bodily injury occurs, the penalty is life in prison. Fines are not more than $20,000,000 if an individual, $75,000,000 if more than one person.
You can learn more about the penalties for federal marijuana crimes by visiting the DEA’s website.
Trust Phoenix Criminal Attorney With Your Federal Drug Crimes Defense in Phoenix
It is essential to consult a defense attorney with extensive knowledge of federal drug crimes in Phoenix, and proven experience defending federal drug crime cases of all severities. We will not stop fighting for your rights, by making sure that every possible legal option and defense strategy is available to you. If you are facing any kind of federal drug crime charge in Phoenix, no matter how severe, contact us today for a private, no obligation consultation at 602-551-8092.
