Drug Offenses: Maximum Fines and Terms of Imprisonment for Violation of the Federal Controlled Substances Act and Related Laws

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Drug Offenses: Maximum Fines and Terms of

Imprisonment for Violation of the Federal

Controlled Substances Act and Related Laws

/name redacted/

Legislative Attorney

January 20, 2015

Congressional Research Service

7-....

www.crs.gov

RL30722

Drug Offenses: Maximum Fines and Terms of Imprisonment for Violation of the CSA

Summary

This is a chart of the maximum fines and terms of imprisonment that may be imposed as a

consequence of conviction for violation of the federal Controlled Substances Act (CSA) and other

drug supply and drug demand related laws.

It lists the penalties for: heroin, cocaine, crack, PCP, LSD, marihuana (marijuana), amphetamine,

methamphetamine, listed (precursor) chemicals, paraphernalia, date rape drugs, rave drugs,

designer drugs, ecstasy, drug kingpins, as well as the other substances including narcotics and

opiates assigned to Schedule I, Schedule II, Schedule III, Schedule IV, and Schedule V of the

Controlled Substances Act and the Controlled Substances Import and Export Act (Title II and

Title III of the Comprehensive Drug Abuse and Control Act).

It maps the penalty structure for violations of 21 U.S.C. 841 (drug trafficking), 21 U.S.C.

841(b)(5) (cultivation on federal property), 21 U.S.C. 841(b)(6) (environmental damage from

illegal manufacturing), 21 U.S.C. 841(b)(7) (crime of violence), 21 U.S.C. 841(c) (offenses

involving listed chemicals), 21 U.S.C. 841(d) (booby traps on federal lands), 21 U.S.C. 841(f)

(distribution/possession of listed chemicals), 21 U.S.C. 841(g) (Internet sales of date rape drugs),

21 U.S.C. 841(h) (dispensing controlled substances that are prescription drugs by means of the

Internet), 21 U.S.C. 842 (regulatory offenses), 21 U.S.C. 843 (communications-related offenses),

21 U.S.C. 844 (simple possession), 21 U.S.C. 846, 963 (attempt and conspiracy), 21 U.S.C. 849

(drug dealing at truck stops), 21 U.S.C. 848 (continuing criminal enterprises (CCE)), 21 U.S.C.

854, 855 (investment of illicit drug profits), 21 U.S.C. 856 (establishing manufacturing

operations), 21 U.S.C. 858 (endangering human life), 21 U.S.C. 859 (distribution to infants,

minors, children, juveniles, and those under 18 years of age), 21 U.S.C. 860 (distribution in

school zones), 21 U.S.C. 861 (distribution to pregnant women), 21 U.S.C. 863 (trafficking in drug

paraphernalia), 21 U.S.C. 864 (theft of anhydrous ammonia, or transportation of stolen anhydrous

ammonia), 21 U.S.C. 865 (smuggling methamphetamine into the United States), 21 U.S.C. 960

(illicit drug import and export), 21 U.S.C. 960a (narco-terrorism), 21 U.S.C. 962 (recalcitrant

drug smugglers), 21 U.S.C. 1906 (financial transactions with designated foreign narcotics

traffickers), 18 U.S.C. 545 (smuggling goods into the United States), 18 U.S.C. 546 (smuggling

goods into foreign countries), 18 U.S.C. 924(c) (firearms and armor piercing ammunition in

connection to drug trafficking crime), 18 U.S.C. 924(e) (armed career criminals), 18 U.S.C. 1952

(Travel Act), 18 U.S.C. 1956 (money laundering), 18 U.S.C. 1957 (monetary transactions in

property derived from unlawful activity), 18 U.S.C. 1959 (compensated crime of violence in aid

of racketeering), 18 U.S.C. 1963 (racketeering (RICO)), 18 U.S.C. 2118 (robberies and burglaries

involving controlled substances), 18 U.S.C. 3559(c) (three strikes), 19 U.S.C. 1590 (aviation

smuggling), 26 U.S.C. 7201 (tax evasion), 26 U.S.C. 7203 (failure to file required returns), 26

U.S.C. 7206 (fraud and false statements), 31 U.S.C. 5322 (currency transaction reporting

(smurfing)), 31 U.S.C. 5332 (bulk cash smuggling into or out of the United States), 46 U.S.C.

70506 (maritime drug law enforcement).

Congressional Research Service

Drug Offenses: Maximum Fines and Terms of Imprisonment for Violation of the CSA

Contents

Trafficking ................................................................................................................................. 1

Possession .................................................................................................................................. 8

Controlled Substance Violations and Other Crimes/Activity .................................................... 8

Racketeering ............................................................................................................................ 12

Smuggling................................................................................................................................ 12

Laundering Money from Controlled Substance Violations ..................................................... 13

Tax Offenses ............................................................................................................................ 14

Contacts

Author Contact Information........................................................................................................... 14

Congressional Research Service

Drug Offenses: Maximum Fines and Terms of Imprisonment for Violation of the CSA

Trafficking

Unlawful distribution, possession with intent to

distribute, manufacture, importation and exportation,

etc. (21 U.S.C. 841, 960, 962, and 46 U.S.C. 70506)1

1st offense

Substance

Amount

Fine

Imprisonment

1 kilogram2 or more

$10/50 million

10 years to life

100 to 999 grams

$5/25 million

5 to 40 years

Less than 100 grams

$1/5 million

Up to 20 years

5 kilograms or more

$10/50 million

10 years to life

500 to 4999 grams

$5/25 million

5 to 40 years

Less than 500 grams

$1/5 million

Up to 20 years

5 kilograms or more

$10/50 million

10 years to life

500 to 4999 grams

$5/25 million

5 to 40 years

Less than 500 grams

$1/5 million

Up to 20 years

Heroin

Coca leaf and derivatives

Ecgonine (a cocaine precursor)

All trafficking offenses involving Schedule I and II substances (and gamma hydrobutyric acid and flunitrazepam) are

subject to the same imprisonment penalty—20 years to life—if death or serious bodily injury results from the use of the

substance involved. Unless otherwise indicated, weights apply to any mixture containing a detectable amount of the

substance regardless of the weight of the substance in the mixture.

A reference to a fine of “$5/25 million” means a fine of no more than $5 million for an individual and no more than

$25 million for a defendant other than an individual. A reference to “10 years to life” means a term of imprisonment of

not less than 10 years nor more than life.

The Synthetic Drug Abuse Prevention Act of 2012—Subtitle D of Title XI of the Food and Drug Administration Safety

and Innovation Act (P.L. 112-144)—added “cannabimimetic agents” to Schedule I of the Controlled Substances Act

and defined such term to mean one of five structural classes of synthetic cannabinoids (and their analogues). Synthetic

cannabinoid products are sometimes referred to as “synthetic marijuana,” “Spice,” or “K2.” The act also added 11

synthetic stimulants and hallucinogens to Schedule I, including methylenedioxypyrovalerone (MDPV), a chemical

ingredient found in designer drugs commonly referred to as “bath salts.” The criminal penalties applicable to unlawful

trafficking of these synthetic drugs are the same as those described below the “Any other Schedule I substance” table

rows. In addition, any offense listed in this report that refers to “all substances” now encompasses these synthetic

drugs. Finally, because these particular synthetic drugs are now regulated as controlled substances, the simple

possession statute and its associated penalties, 21 U.S.C. 844, applies to them.

The Designer Anabolic Steroid Control Act of 2014 (P.L. 113-260) expanded the definition of the term “anabolic

steroid” under the CSA (21 U.S.C. 802(41)(A)) to include 25 specific over-the-counter body-building products that are

often falsely marketed to consumers as all-natural dietary supplements when in fact they contain synthetic forms of

testosterone. The act also amended the definition to include any drug or hormonal substance that has been created or

manufactured with the intent of producing a drug or other substance that either promotes muscle growth or otherwise

causes a pharmacological effect similar to testosterone, or the drug or substance has been marketed or promoted in any

manner suggesting that consuming it will do either of those things. Anabolic steroids, listed as Schedule III controlled

substances, may be prescribed by a physician for legitimate medical purposes such as to address low red blood cell

count and deficiency in testosterone; however, they are also commonly illicitly used to enhance athletic performance or

build muscles. The act thus is intended to regulate these particular “designer” chemicals by subjecting them to the same

regulatory requirements and criminal penalties under the CSA that are applicable to any Schedule III substance.

1 kilogram is equal to 35.27 ounces; 1 gram is equal to 0.04 ounces.

Congressional Research Service

Drug Offenses: Maximum Fines and Terms of Imprisonment for Violation of the CSA

Coca leaves, cocaine, or ecgonine containing cocaine base

(“Crack,” etc.)

280 grams or more

$10/50 million

10 years to life

28 to 279 grams

$5/25 million

5 to 40 years

Less than 28 grams

$1/5 million

Up to 20 years

100 grams or more

$10/50 million

10 years to life

10 to 99 grams

$5/25 million

5 to 40 years

Less than 10 grams

$1/5 million

Up to 20 years

1 kilogram or more

$10/50 million

10 years to life

100 to 999 grams

$5/25 million

5 to 40 years

Less than 100 grams

$1/5 million

Up to 20 years

10 grams or more

$10/50 million

10 years to life

1 to 9 grams

$5/25 million

5 to 40 years

Less than 1 gram

$1/5 million

Up to 20 years

N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]

propanamide (Fentanyl, i.e., “synthetic heroin”)

400 grams or more (or 100 grams or more of

a mixture or substance containing a detectable

amount of any analogue of it)

$10/50 million

10 years to life

40 to 399 grams (or 10-99 grams of a mixture

containing a detectable amount of any analogue

of it)

$5/25 million

5 to 40 years

Less than 40 grams

$1/5 million

Up to 20 years

1000 kilograms or more or 1000 or more

plants3

$10/50 million

10 years to life

100 to 999 kilograms or 100 to 999 plants

$5/25 million

5 to 40 years

50 to 99 kilograms or 50 to 99 plants

$1/5 million

Up to 20 years

$250,000/$1 million

Up to 5 years

$10/50 million

10 years to life

PCP (phencyclidine)

Mixture or substance containing detectable amount of PCP

LSD (lysergic acid diethylamide)

Marihuana

Under 50 kilograms4, 10 kilograms of hashish,

1 kilogram of hashish oil, or 1 to 49 plants

Methamphetamine

50 grams or more or 500 grams or more of a

mixture

Unlike the penalties for manufacturing, distribution, dispensing, or possession, those for importation or exportation do

not distinguish between quantities of marihuana plants in excess of 100. Importation or exportation of any marihuana

plants in excess of 100 is subject to higher penalties than those for less than 50 kilograms of marihuana, etc.

Except in the case of 50 or more marihuana plants regardless of weight, and except that under Section 841(b)(4)

distribution of a small amount of marihuana for no remuneration is treated as a simple possession offense and punished

under Section 844, infra.

Congressional Research Service

Drug Offenses: Maximum Fines and Terms of Imprisonment for Violation of the CSA

5 to 49 grams or 50 to 499 grams of a mixture

$5/25 million

5 to 40 years

Less than 5 grams or less than 50 grams of a

mixture

$1/5 million

Up to 20 years

$1/5 million

Up to 20 years

1 gram

$1/5 million

Up to 20 years

Less than 1 gram

$250,000/$1 million

Up to 5 years

$1/5 million

Up to 20 years

$500,000/$2.5 million

Up to 15 years6

$250,000/$1 million

Up to 5 years7

any weight

$100,000/$250,000

Up to 1 year

1 kilogram or more

$20/75 million

20 years to life

100 to 999 grams

$8/50 million

10 years to life

Less than 100 grams

$2/10 million

Up to 30 years

5 kilograms or more

$20/75 million

20 years to life

500 to 4999 grams

$8/50 million

10 years to life

Less than 500 grams

$2/10 million

Up to 30 years

5 kilograms or more

$20/75 million

20 years to life

500 to 4999 grams

$8/50 million

10 years to life

Less than 500 grams

$2/10 million

Up to 30 years

280 grams or more

$20/75 million

20 years to life

28 to 279 grams

$8/50 million

10 years to life

Less than 28 grams

$2/10 million

Up to 30 years

Gamma hydroxybutyric acid

any weight

Flunitrazepam5

Any other Schedule I or II substance

any weight

Any other Schedule III substance

any weight

Any other Schedule IV substance

any weight

Any Schedule V substance

2nd offense8

Heroin

Coca leaf and derivatives

Ecgonine (a cocaine precursor)

Coca leaves, cocaine, or ecgonine containing cocaine base

(“Crack,” etc.)

Importation or exportation of any quantity of flunitrazepam is subject to a fine of $1/5 million and up to 20 years

imprisonment.

Id.

A second offense is one committed after a prior conviction for a felony drug offense has become final.

Congressional Research Service

Drug Offenses: Maximum Fines and Terms of Imprisonment for Violation of the CSA

PCP (phencyclidine)

100 grams or more

$20/75 million

20 years to life

10 to 99 grams

$8/50 million

10 years to life

Less than 10 grams

$2/10 million

Up to 30 years

1 kilogram or more

$20/75 million

20 years to life

100 to 999 grams

$8/50 million

10 years to life

Less than 100 grams

$2/10 million

Up to 30 years

10 grams or more

$20/75 million

20 years to life

1 to 9 grams

$8/50 million

10 years to life

Less than 1 gram

$2/10 million

Up to 30 years

$20/75 million

20 years to life

40 to 399 grams (or 10-99 grams of a mixture

containing a detectable amount of any analogue

of it)

$8/50 million

10 years to life

Less than 40 grams

$2/10 million

Up to 30 years

1000 kilograms or more or 1000 or more

plants)

$20/75 million

20 years to life

100 to 999 kilograms or 100 to 999 plants)

$8/50 million

10 years to life

50 to 99 kilograms or 50 to 99 plants9

$2/10 million

Up to 30 years

Less than 50 kilograms,10 10 kilograms of

hashish, 1 kilogram of hashish oil, or 1 to 49

plants

$500,000/$2 million

Up to 10 years

50 grams or more

$20/75 million

20 years to life

5 to 49 grams

$8/50 million

10 years to life

Less than 5 grams

$2/10 million

Up to 30 years

$2/10 million

Up to 30 years

1 gram

$2/10 million

Up to 30 years

Less than 1 gram

$500,000/$2 million

Up to 10 years

Mixture or substance containing detectable amount of PCP

LSD(lysergic acid diethylamide)

N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide

(Fentanyl, i.e., “synthetic heroin”) 400 grams or more (or

100 grams or more of a mixture or substance containing a

detectable amount of any analogue of it)

Marihuana

Methamphetamine

Gamma hydroxybutyric acid

any weight

Flunitrazepam11

See supra note 3.

Except in the case of 50 or more marihuana plants regardless of weight and except that distribution of a small amount

of marihuana is punishable as simple possession under Section 844, infra.

See supra note 5.

Congressional Research Service

Drug Offenses: Maximum Fines and Terms of Imprisonment for Violation of the CSA

Any other Schedule I or II substance

any weight

$2/10 million

Up to 30 years

$1 million/$5 million

Up to 30 years

$500,000/$2 million

Up to 10 years

$200,000/$500,000

Up to 4 years

Same as 2nd offense

Life

Greater of $500,000/

$1 million or the maximum

fine for distribution of the

substance involved

Maximum term for

distribution of the

substance involved

Up to $250,000

Up to 5 years

List I chemicals [under 21 U.S.C. 802(34)]

Up to $250,000

Up to 20 years

List II chemicals [under 21 U.S.C. 802(35)]

Up to $250,000

Up to 10 years

Up to $250,000

Up to 5 years

Up to $100,000

Up to 1 year

Any other Schedule III substance

any weight

Any other Schedule IV substance

any weight

Any Schedule V substance

any weight

3rd offense

A Schedule I or II substance singled out for special penalty

treatment (as indicated above) in amounts constituting a top

level offense

Cultivation on Federal property (21 U.S.C. 841(b)(5))

Any offense

All substances/all weights

Environmental damage on Federal property resulting

from controlled substance manufacturing or

distribution (21 U.S.C. 841(b)(6))

Any offense12

All substances

Offenses involving essential (listed) chemicals,

generally (21 U.S.C. 841(c))

Any offense13

Wrongful distribution or possession of essential (listed)

chemicals (21 U.S.C. 841(f))

Knowing unlawful distribution

Listed chemicals [under 21 U.S.C. 802 (33)]

Knowing possession of unreported listed chemicals

Listed chemicals [under 21 U.S.C. 802 (33)]

Creating a serious hazard to human or animal life, or harming the environment, or causing water pollution as a result

of using poisons, chemicals or other hazardous substances on Federal property while in the course of unlawfully

manufacturing or otherwise distributing a controlled substance

Possession with intent to use for unauthorized manufacture of a controlled substance; possession or distribution

knowing that the chemical will be used for unauthorized manufacture of a controlled substance; or, with intent of

causing evasion of the record-keeping or reporting requirements of 21 U.S.C. 830 (or regulations pursuant thereto),

receipt or distribution of a reportable amount in units small enough so that the making of records or filing of reports is

not required.

Congressional Research Service

Drug Offenses: Maximum Fines and Terms of Imprisonment for Violation of the CSA

Internet Sales of Date Rape Drugs (21 U.S.C. 841(g))

Knowingly using the Internet to distribute a date rape drug14

Up to $250,000

Up to 20 years

Dispensing Controlled Substances by Means of the

Internet (21 U.S.C. 841(h))

Knowingly or intentionally using the Internet to deliver,

distribute, or dispense a controlled substance without a valid

prescription15

(or aiding or abetting such activity)

Sentences determined according to the penalties

authorized under 21 U.S.C. 841(b)16

Regulatory offenses & use of communications to

facilitate distribution (21 U.S.C. 842, 843)

1st offense

Generally17

Up to $100,000

Up to 1 year

Deception offenses, etc.18

Up to $250,000

Up to 4 years

Methamphetamine equipment offenses

Up to $250,000

Up to 10 years

Advertisement offenses19

Up to $250,000

Up to 4 years

False labeling of anabolic steroids20

Up to $100,000

Up to 1 year

“Date rape drug” means gamma hydroxybutyric acid (GHB) or any controlled substance analogue of GHB, including

gamma butyrolactone (GBL) or 1,4-butanediol; ketamine; flunitrazepam; or any substance which the Attorney General

designates, through a rulemaking proceeding, to be used in committing rape or sexual assault. 21 U.S.C. 841(g)(2)(A).

Examples of prohibited activities include knowingly or intentionally: (1) delivering, distributing, or dispensing a

controlled substance by means of the Internet by an online pharmacy that is not validly registered with the Drug

Enforcement Administration (DEA); (2) writing a prescription for a controlled substance for the purpose of delivery,

distribution, or dispensation by means of the Internet; (3) serving as an agent, intermediary, or other entity that causes

the Internet to be used to bring together a buyer and seller to engage in such distribution; (4) offering to fill a

prescription for a controlled substance based solely on a consumer’s completion of an online medical questionnaire;

and (5) making a material false, fictitious, or fraudulent statement or representation on the homepage of Internet sites

operated by an online pharmacy regarding the pharmacy’s compliance with federal and state controlled substance laws.

21 U.S.C. 841(h)(2).

See pages 1-5 of this report for these penalties, which vary by type of substance, weight or other factual

circumstances, and repeat offender status. 21 U.S.C. 841(h)(4).

Knowingly distributing a controlled substance to an unauthorized person by a registrant, removing required labels,

unlawful use of information acquired during a controlled substance inspection, failing to keep required records, etc. For

more information about these federal requirements pertaining to the lawful handling of controlled substances, see CRS

Report RL34635, The Controlled Substances Act: Regulatory Requirements, by (name redacted), The Controlled

Substances Act: Regulatory Requirements, by (name redacted).

To knowingly: use fictitious, revoked, suspended or expired registration number; obtain a controlled substance by

fraud, forgery, or other form of deceit; provide false information; use labels and other markings to render a drug a

counterfeit substance; unlawfully possess certain controlled substance manufacturing equipment; being a registrant,

unlawfully distribute a controlled substance in the course of legitimate business; create or receive a mixture containing

listed chemicals to evade regulatory requirements.

Knowingly placing in any newspaper, magazine, handbill, or other publications, any written advertisement that has

the purpose of seeking or offering illegally to receive, buy, or distribute a schedule I controlled substance. 21 U.S.C.

843(c). However, this offense does not include any advertisement that merely advocates the use of a schedule I

controlled substance and does not attempt to propose or facilitate an actual transaction in a schedule I controlled

substance. Id. The Ryan Haight Online Pharmacy Consumer Protection Act of 2008, P.L. 110-425, creates an

additional advertisement offense, new subsection 21 U.S.C. 843(c)(2): knowingly or intentionally using the Internet to

advertise the sale of, or to offer to sell, distribute, or dispense a controlled substance in a manner that is not authorized

by federal controlled substances law, including directing prospective buyers to online pharmacies that are not registered

with the DEA. The penalties for the offense are the same as those for advertising in printed publications.

Knowingly importing, exporting, manufacturing, dispensing, or possessing with intent to manufacture, distribute, or

(continued...)

Congressional Research Service

Drug Offenses: Maximum Fines and Terms of Imprisonment for Violation of the CSA

2nd offense

Generally

Up to $250,000

Up to 2 years

Deception offenses, etc.

Up to $250,000

Up to 8 years

Methamphetamine equipment offenses

Up to $60,000

Up to 20 years

Advertisement offenses

Up to $250,000

Up to 8 years

Manufacturing or Distributing Controlled Substances

Within 1000 Feet of a Truck Stop or Highway Rest

Area (21 U.S.C. 849)

1st offense

All substances

Up to twice the penalties otherwise authorized

2nd offense

All substances

Up to three times the penalties otherwise

authorized

Distribution to persons under age 21 by those age 18

or older (21 U.S.C. 859)

1st offense

All substances

Up to twice the penalties otherwise authorized21

2nd offense

All substances

Up to three times the penalties otherwise

authorized

Distribution or manufacturing in or near schools,

colleges, or certain youth-centered recreational

facilities (21 U.S.C. 860, 860a)22

1st offense

All substances (except methamphetamine)

Up to twice the penalties otherwise authorized for

distribution or manufacture but at least 1 year in

prison23

(...continued)

dispense, an anabolic steroid or product containing an anabolic steroid, unless such product either (1) bears a label that

clearly identifies an anabolic steroid or product containing an anabolic steroid by the nomenclature used by the

International Union of Pure and Applied Chemistry or (2) is approved by the U.S. Food and Drug Administration

(FDA) and complies with applicable FDA labeling requirements. 21 U.S.C. 825(e), 842(a)(16); 842(c)(2)(A). A

violation of this offense by an importer, exporter, manufacturer, or distributor is also subject to a civil penalty of up to

$500,000. 21 U.S.C. 842(c)(1)(C). A violation involving falsely labeled products containing anabolic steroids that are

sold (or held for retail sale) directly to the consumer for personal use is subject to a civil penalty of up to $1,000 per

violation, where each package, container, or other separate unit containing an anabolic steroid is considered a separate

violation. 21 U.S.C. 842(c)(1)(D).

Except that violation carries a mandatory minimum of no less than one year unless the offense involves marihuana in

an amount of 5 grams or less.

The offense includes distribution or manufacturing in or on, or within 1,000 feet of the real property comprising a

public or private elementary, vocational, or secondary school or a public or private college, junior college, or

university, or a playground, or housing facility owned by a public housing authority, or within 100 feet of a public or

private youth center, public swimming pool, or video arcade facility.

Also, at least twice any term of supervised released otherwise authorized for a first offense. An exception to the

mandatory one-year minimum is provided with respect to an offense involving 5 grams or less of marihuana. Where the

statute provides for a different mandatory penalty, the higher prevails.

Congressional Research Service

Drug Offenses: Maximum Fines and Terms of Imprisonment for Violation of the CSA

2nd offense

All substances (except methamphetamine)

Up to three times the penalties otherwise

authorized for distribution or manufacture but at

least 3 years in prison

Any offense involving methamphetamine

Other sentence as imposed plus imprisonment for

no more than 20 years

Trafficking in drug paraphernalia (21 U.S.C. 863)

Interstate or foreign sale and transportation of, or use of the

mails to sell, drug paraphernalia

Up to $250,000

Up to 3 years

Possession

Simple possession (21 U.S.C. 844)24

1st offense

Not less than $1,000

Up to 1 year

2nd offense25

Not less than $2,500

15 days to 2 years

3rd offense

Not less than $5,000

90 days to 3 years

Up to $250,000

Up to 3 years

Any offense

Flunitrazepam

Controlled Substance Violations and Other Crimes/Activity

Attempt and conspiracy (21 U.S.C. 846, 963)

Any offense

All substances

Same as penalties for the underlying

offense

Use of a controlled substance to commit a crime of violence (21

U.S.C. 841(b)(7))

Any offense26

All substances

Up to $250,000

Up to 20 years

1st offense

Up to $250,000

Up to 10 years

2nd offense

Up to $250,000

Up to 20 years

Boobytraps on Federal property (21 U.S.C. 841(d))27

If convicted of a simple possession offense, the defendant is required, if able, to pay the “reasonable costs” of the

investigation and prosecution of the offense. Penalties for simple possession are also applicable to distribution of a

“small amount” of marihuana for no remuneration.

For purposes of the section under which the possession penalties are imposed, a prior conviction includes conviction

of any offense under the Controlled Substances Act or the Controlled Substances Import and Export Act and any drug

or narcotic offense chargeable under state law.

Distributing a controlled substance to another with the intent to commit a crime of violence upon the victim.

Assembly, maintenance, or placement—in connection with the manufacture, distribution, or dispensing of a

controlled substance.

Congressional Research Service

Drug Offenses: Maximum Fines and Terms of Imprisonment for Violation of the CSA

Continuing Criminal Enterprise (CCE) (“kingpin”)

(21 U.S.C. 848)28

1st offense

All substances

Up to $2 million

20 years to life

Up to $4 million

30 years to life

Up to $4 million

life

Up to $500,000

Up to 20 years

Up to $250,000

Up to 10 years

2nd offense

All substances

Any offense, if the offender is a major participant, involving an enterprise

that grosses $10 million a year or more or involving 300 times29 the

amount of controlled substances required to trigger the most severe

distribution penalties of 21 U.S.C. 841

All substances

Establishing manufacturing operations (21 U.S.C. 856)

Opening, maintaining, financing or making available a place for unlawful

manufacture, distribution or use of controlled substances

All substances

Endangering human life while illegally manufacturing a

controlled substance (21 U.S.C. 858)

Any offense

All substances

Employment of persons under 18 years of age (for violation of

the CSA) or unauthorized distribution to a pregnant individual

(21 U.S.C. 861)

1st offense

Generally

Up to twice the penalties otherwise authorized for

the underlying offense but at least 1 year in prison30

2nd offense

Generally

Up to three times the penalties otherwise

authorized for the underlying offense but at least 1

year in prison31

Any offense

Use of person under 14 or distribution to a person under 18

Up to $50,000

Up to 5 years

Under the statute, a person is considered to be engaged in a continuing criminal enterprise if (1) he commits any

felony violation of the Controlled Substances Act or the Controlled Substances Import and Export Act, (2) the violation

is a part of a continuing series of violations of those statutes (A) which are undertaken by the person in concert with

five or more other persons with respect to whom such person occupies a position of organizer, a supervisory position,

or any other position of management, and (B) from which such person obtains substantial income or resources.

Note that some violations carry the death penalty as discussed supra.

Except in the case of methamphetamine, where these provisions apply to any enterprise that grosses $5 million or

more a year, or involves 200 times of the amount of controlled substances required under 21 U.S.C. 841.

Also, at least twice any term of supervised release otherwise authorized for a first offense. Any higher mandatory

penalty otherwise authorized for the offense would prevail.

Also, at least three times any term of supervised release otherwise authorized for a first offense. Penalties for third

and subsequent offenses are governed by 21 U.S.C. 841(b)(1)(A).

Congressional Research Service

Drug Offenses: Maximum Fines and Terms of Imprisonment for Violation of the CSA

Narco-Terrorism (21 U.S.C. 960a)

Engaging in prohibited drug activity knowing or intending to provide

anything of pecuniary value to terrorists

Up to $250,000

At least twice the

minimum

punishment

authorized under 21

U.S.C. 841(b)(1)

1st offense

Up to $250,000

Up to 4 years

2nd offense

Up to $250,000

Up to 8 years

Any offense (individual)

Up to $250,000

Up to 10 years

Any offense (organization)

Up to

$10,000,000

Any offense (organization officer or agent)

Up to

$5,000,000

Up to 30 years

A crime of violence in furtherance of the racketeering enterprise

Up to $250,000

Up to 20 years, or

any term of years

or life if death

results

Distributing the proceeds from the racketeering enterprise

Up to $250,000

Up to 5 years

Promotion or facilitation of the racketeering enterprise

Up to $250,000

Up to 5 years

Theft of anhydrous ammonia, or transportation of stolen

anhydrous ammonia with intent or knowledge that such will be

used to manufacture a controlled substance (21 U.S.C. 864)

Violation of regulations proscribing financial transactions with

significant foreign narcotics traffickers (21 U.S.C. 1906)

Travel Act: use of interstate facilities in aid of a racketeering

enterprise involving controlled substances (18 U.S.C. 1952)

Any substance and the intent to commit the following act:

Use or possession of firearms or armor piercing ammunition in

connection to a drug trafficking crime (18 U.S.C. 924(c))32

1st offense involving a firearm

Generally

Not less than 5

years

If a firearm is brandished

Not less than 7

years

If a firearm is discharged

Not less than 10

years

If firearm is a short-barreled rifle, short-barreled shotgun, or semiautomatic assault weapon

Not less than 10

years

If firearm is a machinegun or destructive device, or equipped with a silencer/muffler

Not less than 30

years

2nd or subsequent offense involving a firearm

Generally

Not less than 25

years

The penalties listed for this offense apply in addition to the punishment provided for the drug trafficking crime.

Congressional Research Service

Drug Offenses: Maximum Fines and Terms of Imprisonment for Violation of the CSA

If firearm is a machinegun or destructive device, or equipped with a

silencer/muffler

life

Any offense involving armor piercing ammunition

Use or possession

Not less than 15

years

If such ammunition is used for murder

Any term of years

or life

If such ammunition is used for manslaughter

Up to $250,000

Up to 10 years

If such ammunition is used for manslaughter

Up to $250,000

Up to 6 years

Any quantity of a controlled substance in the care, custody, control, or

possession of a DEA registrant, if (1) the replacement cost of such

material is not less than $500, (2) the robber (or person who attempted

to rob the substance) traveled in interstate or foreign commerce or

used any facility in interstate/foreign commerce to facilitate such

unlawful taking, or (3) another person was killed or suffered significant

bodily injury due to the robbery or attempted robbery

Up to $250,000

Up to 20 years

If the person committing this offense assaults any person (or jeopardizes

the life of any person) by using a dangerous weapon

Up to $250,000

Up to 25 years

If the person committing this offense kills any person

Up to $250,000

Any term of years

or life

Any quantity of a controlled substance in the business premises or

property of a DEA registrant, if (1) the replacement cost of such

material is not less than $500, (2) the burglar (or person who attempted

to burglarize the premises) traveled in interstate or foreign commerce

or used any facility in interstate/foreign commerce to facilitate such

unlawful entry, or (3) another person was killed or suffered significant

bodily injury due to the burglary or attempted burglary

Up to $250,000

Up to 20 years

If the person committing this offense assaults any person (or jeopardizes

the life of any person) by using a dangerous weapon

Up to $250,000

Up to 25 years

If the person committing this offense kills any person

Up to $250,000

Any term of years

or life

Up to $250,000

Up to 10 years

Up to $250,000

Not less than 15

Robberies Involving Controlled Substances (18 U.S.C. 2118(a))

Any offense

Burglaries Involving Controlled Substances (18 U.S.C. 2118(b))

Any offense

Conspiracy to Commit Robbery or Burglary Involving Controlled

Substances (18 U.S.C. 2118(d))

Any offense

If two or more persons conspire to violate 18 U.S.C. 2118(a) or

2118(b), and one or more of such persons performs any overt act to

effect the object of the conspiracy

Armed career criminal: possession of a firearm by a convicted

felon or other disqualified person with 3 or more prior serious

controlled substance convictions (drug crimes punishable by

imprisonment for 10 years or more) or prior violent crime

convictions (18 U.S.C. 924(e))

Any offense

All substances

Congressional Research Service

Drug Offenses: Maximum Fines and Terms of Imprisonment for Violation of the CSA

years

Three strikes: commission of a serious violent felony by an

individual with a prior serious controlled substance conviction

(drug kingpin or most seriously punished trafficking offense) and

a prior serious violent felony conviction or 2 or more prior

serious violent felony convictions (18 U.S.C. 3559(c))

Any offense

All substances

Up to $250,000

life

Racketeering

Commission of a pattern of racketeering activity including one

or more narcotic or dangerous drug felony to invest in, acquire,

operate or participate in the affairs of an interstate enterprise

((RICO)(18 U.S.C. 1963))

Any offense

Narcotic and dangerous drugs

Up to $250,000

Up to 20 years or life

if the maximum for

the predicate is life

Murder

Up to $250,000

life

Kidnapping

Up to $250,000

Up to life in prison

Maiming

Up to $250,000

Up to 30 years

Serious injury

Up to $250,000

Up to 20 years

Threats

Up to $250,000

Up to 5 years

Attempt or conspiracy to murder or kidnap

Up to $250,000

Up to 10 years

Attempt or conspiracy to maim or commit a serious assault

Up to $250,000

Up to 3 years

Compensated crime of violence in aid of RICO (18 U.S.C. 1959)

Any offense involving any substance and the following criminal act:

Smuggling

Smuggling Goods into the United States (18 U.S.C. 545)

Any offense

All substances

Up to $250,000

Up to 20 years

Up to $250,000

Up to 2 years

Smuggling Goods into Foreign Countries (18 U.S.C. 546)

Any offense

All substances

Smuggling methamphetamine or methamphetamine precursor

chemicals into the United States while using facilitated entry

programs (21 U.S.C. 865)

Any offense

Congressional Research Service

Imprisonment Sentence for

Methamphetamine Offense Enhanced By

Drug Offenses: Maximum Fines and Terms of Imprisonment for Violation of the CSA

Up to 15 years

Smuggling a controlled substance by using an aircraft to

transport it (19 U.S.C. 1590)33

Any offense

All substances

Up to $250,000

Up to 20 years

Laundering Money from Controlled Substance Violations

Laundering (18 U.S.C. 1956)

Any offense

All substances

Up to greater of $500,000 or 2X the

amount of $ laundered

Up to 20 years

Up to greater of $250,000 or 2X the

amount of $ laundered

Up to 10 years

Up to $250,000

Up to 5 years

Up to $500,000

Up to 10 years

Monetary traffic in property derived from

unlawful activity (18 U.S.C. 1957)

Any offense

All substances

Currency transaction and transportation

reporting (31 U.S.C. 5322)

1st offense

All substances

2nd offense

All substances

Bulk cash smuggling into or out of the United

States (31 U.S.C. 5332)

Knowingly concealing more than $10,000 across a U.S.

border

Up to 5 years

Investment of illicit drug profits (21 U.S.C. 854,

855)

Any offense

All substances

Up to the greater of 2X profit/proceeds

or $50,000

Up to 10 years

The Ultralight Aircraft Smuggling Prevention Act of 2012, P.L. 112-93, expanded the liability for this offense to

include anyone who attempts or conspires to commit aviation smuggling, thus subjecting them to the same penalties as

those who commit the crime. In addition, this law added a definition of “aircraft” to include ultralight vehicles which

meet the characteristics described in 14 C.F.R. 103.1. Such ultralight vehicles (operated by a single occupant and

weighing less than 254 pounds) have reportedly been used by drug traffickers to cross the Mexico-U.S. border in their

effort to smuggle the drugs into the United States. See Aaron Cooper, Gabrielle Giffords’ Anti-Drug Legislation Signed

into Law, Feb. 10, 2012, CNN, at http://articles.cnn.com/2012-02-10/politics/politics_giffords-ultralightlaw_1_ultralights-traffickers-gabrielle-giffords?_s=PM:POLITICS.

Congressional Research Service

Drug Offenses: Maximum Fines and Terms of Imprisonment for Violation of the CSA

Tax Offenses

Attempted evasion [concerning income from controlled substance

violations] (26 U.S.C. 7201)

Any offense

All substances

Up to $250,000

Up to 5 years

Up to $250,000

Up to 5 years

Up to $250,000

Up to 3 years

Willful failure to file return [concerning income for such violations]

(26 U.S.C. 7203)

Any offense

All substances

Fraud and false statements [concerning income from such violations]

(26 U.S.C. 7206)

Any offense

All substances

Author Contact Information

(name redacted)

Legislative Attorney

/redacted/@crs.loc.gov, 7-....

Congressional Research Service

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