The primary federal narcotics law is 21 U.S.C. section 841(b)(1), which
sets the maximum and minimum penalties for possession with intent to
distribute various controlled substances. 841(b)(1) has three subsections
-- (A), (B), and (C). Each subsection contains penalties less severe
than the preceding subsection:
PUNISHMENT |
| |
841(b)(1)(A) |
841(b)(1)(B) |
841(b)(1)(C) |
| Time |
10y-life |
5-40y |
0-20y |
| Fine |
$4 million |
$2 million |
$1 million |
| Supervised Release |
5y+ |
4y+ |
3y+ |
| Class Felony |
A |
B |
C |
| Sentence on revocation of supervised release |
0-5y |
0-3y |
0-2y |
Which subsection applies depends on the quantity and drug involved.
For example:
| Drug |
841(b)(1)(A) |
841(b)(1)(B) |
841(b)(1)(C) |
| Methamphetamine (pure) |
>=50g |
>=5g |
>5g |
| Methamphetamine (mixture) |
>=500g |
>=50g |
<50g |
| Cocaine powder |
>=5kg |
>=500g |
<500g |
| Cocaine base (crack) |
>50g |
>=5g |
<5g |
| Marijuana |
>=1000kg |
>=100kg |
<100kg |
| Marijuana plants |
>=1000 plants |
>=100 plants |
<100 plants |
| Heroin |
>=1kg |
>=100g |
<100g |
| LSD |
>=10g |
>=1g |
<1g |
| PCP pure |
>=100g |
>=10g |
<10g |
| PCP mixture |
>=1kg |
>=100g |
<100g |
Prior felony drug offenses increase the punishment range in all subsections
under section 851(a)(1) of title 21 of the U.S. Code:
| |
841(b)1(A) |
841(b)(1)(B) |
841(b)(1)(C) |
| 1 Drug prior (sec. 851(a)(1) |
20y-life
$8 million
SR 10y |
10y-life
$4 million
SR 8y |
0-30y
$2 million
SR 6y |
| 2 Drug priors |
LIFE |
|
|
Most federal drug cases are charged both as "substantive offenses"
under section 841 and as conspiracies under section 846 of Title 21.
According to section 846, the penalty for the conspiracy is the same
as the penalty for the substantive offense.
--
Mark.
This page is a work in progress. Because I'm busy helping people, I
don't spend a lot of time working on it. If you'd like to discuss Federal
drug laws, please contact
me.