Drug Possession · Drug Conspiracy · Drug Trafficking
Texas courts treat drug offenses very seriously and a criminal conviction can have devastating consequences.
Although any drug charge has the potential to result in serious consequences, the sentences for federal drug crimes are often much more serious than the punishments for state drug offenses.
Penalties for federal drug trafficking and drug conspiracy charges can range from five years to life in prison, in addition to possible multi-million dollar fines and asset forfeiture. The worst penalties are imposed for possessing, selling or distributing Schedule I and Schedule II drugs which are governed by the federal Controlled Substances Act.
We provide defense to clients charged with all types of federal drug crimes, including:
Manufacturing controlled substances and illegal drugs
Possession of chemicals for drug manufacturing
Drug possession
Drug possession with the intent to distribute
Drug trafficking
Drug importation and distribution
Drug conspiracy
Drug smuggling
If you or someone you love is facing federal drug charges, call us today to speak to a criminal defense attorney about the particular circumstances of your case. We look forward to helping you.
Federal Trafficking Penalties - All Drugs Except Marijuana
DRUG/SCHEDULE
QUANTITY
PENALTIES
QUANTITY
PENALTIES
Cocaine (Schedule II)
500 - 4999 gms mixture
First Offense :
5 kgs or more mixture
First Offense :
Cocaine Base (Schedule II)
28-279 gms mixture
Not less than 5 yrs, and not more than 40 yrs. If death or serious injury, not less than 20 or more than life. Fine of not more than $5 million if an individual, $25 million if not an individual
280 gms or more mixture
Not less than 10 yrs, and not more than life. If death or serious injury, not less than 20 or more than life. Fine of not more than $10 million if an individual, $50 million if not an individual.
Fentanyl (Schedule II)
40 - 399 gms mixture
400 gms or more mixture
Fentanyl Analogue (Schedule I)
10 - 99 gms mixture
Second Offense : Not less than 10 yrs, and not more than life. If death or serious injury, life imprisonment. Fine of not more than $8 million if an individual, $50 million if not an individual
100 gms or more mixture
Second Offense : Not less than 20 yrs, and not more than life. If death or serious injury, life imprisonment. Fine of not more than $20 million if an individual, $75 million if not an individual.
Heroin (Schedule I)
100 - 999 gms mixture
1 kg or more mixture
LSD (Schedule I)
1 - 9 gms mixture
10 gms or more mixture
2 or More Prior Offenses: Life imprisonment
Methamphetamine (Schedule II)
5 - 49 gms pure or 50 - 499 gms mixture
50 gms or more pure or 500 gms or more mixture
PCP (Schedule II)
10 - 99 gms pure or 100 - 999 gms mixture
100 gm or more pure or 1 kg or more mixture
Other Schedule I & II drugs (and any drug product containing Gamma Hydroxybutyric Acid)
Any amount
First Offense : Not more that 20 yrs. If death or serious 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 injury, not more than 15 yrs. Fine $2 million if an individual, $10 million if not an individual
Other Schedule III drugs
Any amount
First Offense : Not more than 10 years. If death or serious 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 $1.5 million if an individual, $5 million if not an individual
All other Schedule IV drugs
Any amount
First Offense : Not more than 5 years. Fine not more than $250,000 if an individual, $1 million if not an individual.
Flunitrazepam (Schedule IV)
Less than 1 gm
Second Offense : Not more than 10 yrs. Fine not more than $500,000 if an individual, $2 million if not an individual.
All Schedule V drugs
Any amount
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.
Federal Trafficking Penalties - Marijuana
DRUG
QUANTITY
1st OFFENSE
2nd OFFENSE
Marijuana (Schedule I)
1,000 kg or more mixture; or 1,000 or more plants
Not less than 10 years, not more than life
Not less than 20 years, not more than life
If death or serious injury, not less than 20 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
Fine not more than $8 million if an individual, $20 million if other than an individual
Marijuana (Schedule I)
100 kg to 999 kg mixture; or 100 to 999 plants
Not less than 5 years, not more than 40 years
Not less than 10 years, not more than life
If death or serious injury, not less than 20 years, not more than life
If death or serious injury, mandatory life
Fine not more than $2 million if an individual, $5 million if other than an individual
Fine not more than $4 million if an individual, $10 million if other than an individual
Marijuana (Schedule I)
more than 10 kgs hashish; 50 to 99 kg mixture
Not more than 20 years
Not more than 30 years
If death or serious injury, not less than 20 years, not more than life
If death or serious injury, mandatory life
more than 1 kg of hashish oil; 50 to 99 plants
Fine $1 million if an individual, $5 million if other than an individual
Fine $2 million if an individual, $10 million if other than individual
Marijuana (Schedule I)
1 to 49 plants; less than 50 kg
Not more than 5 years
Not more than 10 years
Fine not more than $250,000, $1 million other than individual
Fine $500,000 if an individual, $2 million if other than individual
Hashish (Schedule I)
10 kg or less
Hashish Oil (Schedule I)
1 kg or less
The minimum sentence for a violation after two or more prior convictions for a felony drug offense have become final is a mandatory term of life imprisonment without release and a fine up to $8 million if an individual and $20 million if other than an individual.
Federal Drug Scheduling
This document is a general reference and not a comprehensive list. This list describes the basic or parent chemical and does not describe the salts, isomers and salts of isomers, esters, ethers and derivatives which may also be controlled substances.
