Although drug trafficking is a felony offense in California, if the offense involves trafficking narcotics from one state to another or internationally, then it is considered a federal crime. Getting convicted in federal court is associated with harsher criminal penalties, including a lengthy federal prison sentence.
The federal government classifies drugs into five schedules – from Schedule I drugs being the most addictive with no accepted medical use to Schedule 5 controlled substances that do not lead to abuse and has widely accepted medical use. The following blog post is an overview of federal drug trafficking penalties based on the type of substance.
Heroin (Schedule I)
A first offense for trafficking 100 to 999 grams of heroin mixture is punishable by a federal prison sentence between five and 40 years, as well as a fine not exceeding $2 million for an individual or $5 million for a group. If the offense involves a death or serious injury, then the federal prison term ranges from 20 years to life imprisonment.
A second offense for trafficking the same amount carries a federal prison term between 10 years and a life sentence, as well as a fine of no more than $4 million for an individual or $10 million for a group. If there is a death or serious injury, then the maximum prison sentence is life imprisonment.
A first offense for trafficking one kilogram or more of heroin mixture can result in a federal prison term between 10 years and a life sentence, as well as a fine of no more than $4 million for an individual or $10 million for a group. If the offense involves a death or serious injury, then the prison sentence ranges from 20 years and life imprisonment.
A second offense for trafficking the same amount is punishable by imprisonment between 20 years and a life sentence, as well as a maximum fine of $8 million for an individual or $20 million for a group. If there is a death or serious injury, a conviction can lead to life imprisonment.
Having two or more prior convictions for trafficking heroin carries a life sentence.
LSD (Schedule I)
A first offense for trafficking one to nine grams of LSD mixture is punishable by a federal prison sentence between five and 40 years, as well as a fine not exceeding $2 million for an individual or $5 million for a group. If the offense involves a death or serious injury, then the federal prison term ranges from 20 years to life imprisonment.
A second offense for trafficking the same amount carries a federal prison term between 10 years and a life sentence, as well as a fine of no more than $4 million for an individual or $10 million for a group. If there is a death or serious injury, then the maximum prison sentence is life imprisonment.
A first offense for trafficking 10 grams or more of LSD mixture can result in a federal prison term between 10 years and a life sentence, as well as a fine of no more than $4 million for an individual or $10 million for a group. If the offense involves a death or serious injury, then the prison sentence ranges from 20 years and life imprisonment.
A second offense for trafficking the same amount is punishable by imprisonment between 20 years and a life sentence, as well as a maximum fine of $8 million for an individual or $20 million for a group. If there is a death or serious injury, a conviction can lead to life imprisonment.
Having two or more prior convictions for trafficking heroin carries a life sentence.
Fentanyl Analogue (Schedule I)
A first offense for trafficking 10 to 99 grams of fentanyl analogue mixture is punishable by a federal prison sentence between five and 40 years, as well as a fine not exceeding $2 million for an individual or $5 million for a group. If the offense involves a death or serious injury, then the federal prison term ranges from 20 years to life imprisonment.
A second offense for trafficking the same amount carries a federal prison term between 10 years and a life sentence, as well as a fine of no more than $4 million for an individual or $10 million for a group. If there is a death or serious injury, then the maximum prison sentence is life imprisonment.
A first offense for trafficking 100 grams or more of fentanyl analogue mixture can result in a federal prison term between 10 years and a life sentence, as well as a fine of no more than $4 million for an individual or $10 million for a group. If the offense involves a death or serious injury, then the prison sentence ranges from 20 years and life imprisonment.
A second offense for trafficking the same amount is punishable by imprisonment between 20 years and a life sentence, as well as a maximum fine of $8 million for an individual or $20 million for a group. If there is a death or serious injury, a conviction can lead to life imprisonment.
Having two or more prior convictions for trafficking heroin carries a life sentence.
Fentanyl (Schedule II)
A first offense for trafficking 40 to 399 grams of fentanyl mixture is punishable by a federal prison sentence between five and 40 years, as well as a fine not exceeding $2 million for an individual or $5 million for a group. If the offense involves a death or serious injury, then the federal prison term ranges from 20 years to life imprisonment.
A second offense for trafficking the same amount carries a federal prison term between 10 years and a life sentence, as well as a fine of no more than $4 million for an individual or $10 million for a group. If there is a death or serious injury, then the maximum prison sentence is life imprisonment.
A first offense for trafficking 400 grams or more of fentanyl mixture can result in a federal prison term between 10 years and a life sentence, as well as a fine of no more than $4 million for an individual or $10 million for a group. If the offense involves a death or serious injury, then the prison sentence ranges from 20 years and life imprisonment.
A second offense for trafficking the same amount is punishable by imprisonment between 20 years and a life sentence, as well as a maximum fine of $8 million for an individual or $20 million for a group. If there is a death or serious injury, a conviction can lead to life imprisonment.
Having two or more prior convictions for trafficking heroin carries a life sentence.
Cocaine (Schedule II)
A first offense for trafficking 500 to 4999 grams of cocaine mixture is punishable by a federal prison sentence between five and 40 years, as well as a fine not exceeding $2 million for an individual or $5 million for a group. If the offense involves a death or serious injury, then the federal prison term ranges from 20 years to life imprisonment.
A second offense for trafficking the same amount carries a federal prison term between 10 years and a life sentence, as well as a fine of no more than $4 million for an individual or $10 million for a group. If there is a death or serious injury, then the maximum prison sentence is life imprisonment.
A first offense for trafficking five kilograms or more of cocaine mixture can result in a federal prison term between 10 years and a life sentence, as well as a fine of no more than $4 million for an individual or $10 million for a group. If the offense involves a death or serious injury, then the prison sentence ranges from 20 years and life imprisonment.
A second offense for trafficking the same amount is punishable by imprisonment between 20 years and a life sentence, as well as a maximum fine of $8 million for an individual or $20 million for a group. If there is a death or serious injury, a conviction can lead to life imprisonment.
Having two or more prior convictions for trafficking heroin carries a life sentence.
Cocaine Base (Schedule II)
A first offense for trafficking five to 49 grams of cocaine base mixture is punishable by a federal prison sentence between five and 40 years, as well as a fine not exceeding $2 million for an individual or $5 million for a group. If the offense involves a death or serious injury, then the federal prison term ranges from 20 years to life imprisonment.
A second offense for trafficking the same amount carries a federal prison term between 10 years and a life sentence, as well as a fine of no more than $4 million for an individual or $10 million for a group. If there is a death or serious injury, then the maximum prison sentence is life imprisonment.
A first offense for trafficking 50 grams or more of cocaine base mixture can result in a federal prison term between 10 years and a life sentence, as well as a fine of no more than $4 million for an individual or $10 million for a group. If the offense involves a death or serious injury, then the prison sentence ranges from 20 years and life imprisonment.
A second offense for trafficking the same amount is punishable by imprisonment between 20 years and a life sentence, as well as a maximum fine of $8 million for an individual or $20 million for a group. If there is a death or serious injury, a conviction can lead to life imprisonment.
Having two or more prior convictions for trafficking heroin carries a life sentence.
Methamphetamine (Schedule II)
A first offense for trafficking five to 49 grams or pure methamphetamine, or between 50 and 499 grams of meth mixture, is punishable by a federal prison sentence between five and 40 years, as well as a fine not exceeding $2 million for an individual or $5 million for a group. If the offense involves a death or serious injury, then the federal prison term ranges from 20 years to life imprisonment.
A second offense for trafficking the same amount carries a federal prison term between 10 years and a life sentence, as well as a fine of no more than $4 million for an individual or $10 million for a group. If there is a death or serious injury, then the maximum prison sentence is life imprisonment.
A first offense for trafficking 50 grams or more of pure meth, or 500 grams or more of meth mixture, can result in a federal prison term between 10 years and a life sentence, as well as a fine of no more than $4 million for an individual or $10 million for a group. If the offense involves a death or serious injury, then the prison sentence ranges from 20 years and life imprisonment.
A second offense for trafficking the same amount is punishable by imprisonment between 20 years and a life sentence, as well as a maximum fine of $8 million for an individual or $20 million for a group. If there is a death or serious injury, a conviction can lead to life imprisonment.
Having two or more prior convictions for trafficking heroin carries a life sentence.
PCP (Schedule II)
A first offense for trafficking 10 to 99 grams of pure PCP, or between 100 and 999 grams of PCP mixture, is punishable by a federal prison sentence between five and 40 years, as well as a fine not exceeding $2 million for an individual or $5 million for a group. If the offense involves a death or serious injury, then the federal prison term ranges from 20 years to life imprisonment.
A second offense for trafficking the same amount carries a federal prison term between 10 years and a life sentence, as well as a fine of no more than $4 million for an individual or $10 million for a group. If there is a death or serious injury, then the maximum prison sentence is life imprisonment.
A first offense for trafficking 100 grams or more of pure PCP, or one kilogram or more of PCP mixture, can result in a federal prison term between 10 years and a life sentence, as well as a fine of no more than $4 million for an individual or $10 million for a group. If the offense involves a death or serious injury, then the prison sentence ranges from 20 years and life imprisonment.
A second offense for trafficking the same amount is punishable by imprisonment between 20 years and a life sentence, as well as a maximum fine of $8 million for an individual or $20 million for a group. If there is a death or serious injury, a conviction can lead to life imprisonment.
Having two or more prior convictions for trafficking heroin carries a life sentence.
Other Schedule I & II Drugs
A first offense for trafficking any amount is punishable by federal imprisonment of up to 20 years and a maximum fine of $1 million for an individual or $5 million for a group. If there is a death or serious injury, then the federal prison term ranges from 20 years to a life sentence.
A second offense for trafficking any amount carries a maximum prison sentence of 30 years and a fine not exceeding $2 million for an individual or $10 million for a group. If the offense involves a death or serious injury, then a conviction carries a minimum sentence of life imprisonment.
Marijuana
A first offense for trafficking less than 50 kilograms of cannabis mixture, or between one and 49 plants, carries a federal prison sentence of up to five years and a fine no more than $250,000 for an individual or $1 million for a group. A second offense is punishable by imprisonment for up to 10 years and a maximum fine of $500,000 for an individual or $2 million for a group.
A first offense for trafficking 50 to 99 kilograms of cannabis mixture, or between 50 to 99 plants, can result in a maximum prison term of 20 years and a fine not exceeding $1 million for an individual or $5 million for a group. If there is a death or serious injury, then a conviction carries a federal prison sentence ranging from 20 years to life imprisonment.
A second offense for trafficking the same amount can lead to a prison sentence of up to 30 years and a fine no more than $2 million for an individual or $10 million for a group. If the offense involves a death or serious injury, getting convicted is punishable by mandatory life imprisonment.
A first offense for trafficking 100 and 999 kilograms of cannabis mixture, or between 100 and 999 plants, carries a federal prison sentence between five and 40 years and a maximum fine of $2 million for an individual or $5 million for a group. If there is a death or serious injury, then a conviction is punishable by imprisonment between 20 years and a life sentence.
A second offense for trafficking the same amount is punishable by a federal prison term ranging from 10 years and life imprisonment, as well as a fine not exceeding $4 million for an individual or $10 million for a group. If the offense involves a death or serious injury, getting convicted carries mandatory life imprisonment.
A first offense for trafficking 1,000 kilograms or more of cannabis mixture, or 1,000 or more plants, can result in imprisonment between 10 years and a life sentence, as well as a fine no more than $4 million for an individual or $10 million for a group. If there is a death or serious injury, the prison term ranges from 20 years to life imprisonment.
A second offense for trafficking the same amount can lead to a federal prison sentence between 20 years and life imprisonment, as well as a maximum fine of $8 million for an individual or $20 million for a group. If the offense involves a death or serious injury, then a conviction carries mandatory life imprisonment.
If you have been accused of a federal crime in Santa Barbara, CA, call Appel & Morse at (805) 467-6060 or fill out our online contact form to schedule a free initial consultation. Let two former prosecutors defend you against serious criminal penalties!