Federal Drug Maximum Penalties
Maximum Penalties for Federal Drug Offenses
Under federal law, the Controlled Substance Act (CSA) allows added penalties for the traficking of certain Schedule I and Schedule II controlled substances. Once a threshold amount for certain listed drugs is met, federal prosecutors can charge offenses that carry mandatory minimum sentences of five (5) or ten (10) years in federal prison. Not all controlled substances have associated mandatory minimums. Not even all Schedule I and Schedule II controlled substances have mandatory minimums. But the most common drugs, such as methamphetamine, heroin, cocaine, fentanly and even marijuana, are covered.
Maximum Penalties
Different federal drug offenses have different maximum penalties. The most common charges are outlined below along with their maximum penalties.
| Offenses | Maximum Custody | Mandatory Minimum | Maximum Fine | Supervised Release |
|---|---|---|---|---|
|
Distribution/Manufacturing/Possession with Intent to Distribute a Controlled Substance (21 USC 841) Conspiracy/Attempt to Distribute/Manufacture/Possess with Intent to Distribute a Controlled Substance (21 USC 841, 846) Importation of a Controlled Substance (21 USC 952, 960) Conspiracy to Import a Controlled Substance (21 USC 952, 960) Non-Mandatory Minimum |
20 years | — | $1,000,000 21 U.S.C. § 841(b)(1)(C) 21 U.S.C. § 960(b)(3) | At least 3 years and up to life 21 U.S.C. § 841(b)(1)(C) 21 U.S.C. § 960(b)(3) |
|
Distribution/Manufacturing/Possession with Intent to Distribute a Controlled Substance (21 USC 841) Conspiracy/Attempt to Distribute/Manufacture/Possess with Intent to Distribute a Controlled Substance (21 USC 841, 846) Importation of a Controlled Substance (21 USC 952, 960) Conspiracy to Import a Controlled Substance (21 USC 952, 960) 5-Year Mandatory Minimum |
40 years | 5 years | $5,000,000 21 U.S.C. § 841(b)(1)(B) 21 U.S.C. § 960(b)(2) | At least 4 years and up to life 21 U.S.C. § 841(b)(1)(B) 21 U.S.C. § 960(b)(2) |
|
Distribution/Manufacturing/Possession with Intent to Distribute a Controlled Substance (21 USC 841) Conspiracy/Attempt to Distribute/Manufacture/Possess with Intent to Distribute a Controlled Substance (21 USC 841, 846) Importation of a Controlled Substance (21 USC 952, 960) Conspiracy to Import a Controlled Substance (21 USC 952, 960) 10-Year Mandatory Minimum |
Life | 10 years | $10,000,000 21 U.S.C. § 841(b)(1)(A) 21 U.S.C. § 960(b)(1) | At least 5 years and up to life 21 U.S.C. § 841(b)(1)(A) 21 U.S.C. § 960(b)(1) |
| Use of a Communication Facility to Facilitate Drug Felony (21 USC 843(b)) Phone Count |
4 years (per count) | — | $250,000 18 U.S.C. § 3571(b) | Not more than 1 year 18 U.S.C. § 3583(b)(3) |
|
Continuing Criminal Enterprise |
Life; Death penalty avaialble under certain circumstances. | 20 years; mandatory life available under certain circumstances | $2,000,000 | At least 5 years and up to life |
|
Maintaining a Drug-Involved Premises |
20 years | — | $500,000 (individual); $2,000,000 (non-individual) 21 U.S.C. § 856(b) Civil penalties may also apply. | Not more than three years 18 U.S.C. § 3559(a)(3) 18 U.S.C. § 3583(b)(2) |
|
Simple Possession |
1 year maximum (first offense) 15 days to 2 years (second offense) 90 days to 3 years (third offense) |
— | $1,000 minimum; higher fines if prior drug convictions 21 U.S.C. § 844(a) | — |
Increased Penalties for Mandatory Minimums
Generally speaking, the importation, possession with intent to distribute, distribution, attempted distribution and conspiracy to distribute Schedule I and Schedule II controlled substances, such as heroin, methamphetamine, cocaine, fentanyl, and marijuana, carry a maximum 20-year federal prison sentence. If a mandatory minimum is charged, both the maximum penalties and the minimum sentences increase. In other words, both the ceiling and the floor increase as a result. The amount of that increase depends on whether a 5-year or 10-year mandatory minimum is charged.
If a 5-year mandatory minimum offense is charged, the minimum sentence, absent certain exceptions, is 5 years (60 months) and the maximum possible sentence increases from 20 years to 40 years.
If a 10-year mandatory minimum offense is charged, the minimum sentence, absent certain exceptions, is 10 years (120 months) and the maximum possible sentence increases to life in prison.
The minimum and maximum custodial sentences are not the only things that are impacted. Federal supervised release, which is a period after a person is released from federal custody during which they have to report to the U.S. Probation Office and follow certain restrictions, is likewise increased as a result of mandatory minimums. For example, in a typical drug case, a defendant faces a term of supervised release of at least three years. The 5-year and 10-year mandatory minimum charges increase those to terms of at least 4 and 5 years, respectively.
Finally, the maximum fines are also increased. Typical non-mandatory minimum federal drug chargs carry a maximum $1 million fine. The 5-year and 10-year mandatory minimums increase that maximum fine to $5 million and $10 million.
Drugs with Actual and Mixture Qualifiers
In the table above, drugs with applicable mandatory minimums are listed. Certain drugs have different threshold amounts depending on whether the weight of the drug is the amount of pure drug ("actual") or if the weight is based on the gross weight of the mixture or substance containing a detectable amount of the drug ("mixture"). Methamphetamine is one the most common drugs that has two different mandatory minimum thresholds depending on whether the drug is actual or a mixture.
An example is illustrative. Let's say law enforcement seizes 30 grams of methamphetamine and charges a defendant in relation to those drugs. After testing, the laboratory confirms the drugs are methamphetamine, but the methamphetamine turns out to be low quality. Of the 30 grams, there are only 10 grams of pure methamphetamine. The rest turns out to be a cutting agent.
If the prosecutor charges the defendant with distribution of methamphetamine and lists the pure amount of the methamphetamine, i.e., 10 grams of methamphetamine (actual), then applying the table above, it would trigger a 5-year mandatory minimum. Since the 10 grams of methamphetamine (actual) is more than the 5 grams needed, the 5-year mandatory minimum would apply. If the prosecutor charges the defendant with distributing a "mixture and substance containing a detectable amount of methamphetamine," then no mandatory minimum would apply because in the table above methamphetamine (mixture) requires at least 50 grams before any mandatory minimums apply.
Both the charging language in the indictment and the facts of the case therefore are important to determine what mandatory minimums, if any, apply.
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