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Federal Drug Penalties

Maximum Penalties for Federal Drug Crimes

Important Notice

Federal drug penalties are severe and include mandatory minimum sentences. The penalties listed below are maximums - actual sentences depend on specific circumstances, criminal history, and other factors. Consult with an experienced federal drug defense attorney immediately if facing charges.

Federal Drug Maximum Penalties by Substance

Penalties based on drug type, quantity, and offense history

Cocaine
Schedule II

First Offense

Quantity: 500g-4.999kg
Prison: 5 years - 40 years
Fine: Up to $5 million

Second Offense / Higher Quantities

Quantity: 5kg or more
Prison: 10 years - Life
Fine: Up to $10 million
Crack Cocaine
Schedule II

First Offense

Quantity: 28g-279g
Prison: 5 years - 40 years
Fine: Up to $5 million

Second Offense / Higher Quantities

Quantity: 280g or more
Prison: 10 years - Life
Fine: Up to $10 million
Heroin
Schedule I

First Offense

Quantity: 100g-999g
Prison: 5 years - 40 years
Fine: Up to $5 million

Second Offense / Higher Quantities

Quantity: 1kg or more
Prison: 10 years - Life
Fine: Up to $10 million
Fentanyl
Schedule II

First Offense

Quantity: 40g-399g
Prison: 5 years - 40 years
Fine: Up to $5 million

Second Offense / Higher Quantities

Quantity: 400g or more
Prison: 10 years - Life
Fine: Up to $10 million
Methamphetamine
Schedule II

First Offense

Quantity: 50g-499g
Prison: 5 years - 40 years
Fine: Up to $5 million

Second Offense / Higher Quantities

Quantity: 500g or more
Prison: 10 years - Life
Fine: Up to $10 million
Marijuana
Schedule I

First Offense

Quantity: 100kg-999kg
Prison: 5 years - 40 years
Fine: Up to $5 million

Second Offense / Higher Quantities

Quantity: 1000kg or more
Prison: 10 years - Life
Fine: Up to $10 million

Penalty Enhancement Factors

These factors can significantly increase federal drug sentences beyond the base penalties

Death or Serious Bodily Injury
Additional Penalty:
20 years to Life imprisonment

If death or serious injury results from drug use

Prior Drug Felony
Additional Penalty:
Double the maximum penalty

Previous felony drug conviction enhances sentence

Continuing Criminal Enterprise (CCE)
Additional Penalty:
20 years to Life imprisonment

Leading organized drug trafficking operation

Using/Carrying Firearm
Additional Penalty:
Additional 5 years minimum

924(c) enhancement for firearm in drug crime

Distribution Near School
Additional Penalty:
Double the maximum penalty

Drug activity within 1,000 feet of school

Distribution to Minor
Additional Penalty:
Double the maximum penalty

Selling drugs to person under 21 years old

Related Federal Drug Resources

Mandatory Minimums

Learn about federal drug mandatory minimum sentences

View Mandatory Minimums →

Drug Scheduling

Understanding federal drug classifications

View Drug Schedules →

Safety Valve

Avoiding mandatory minimums through safety valve

Learn About Safety Valve →

Facing Federal Drug Charges?

Federal drug penalties are severe, but experienced defense can make a significant difference. Contact our federal drug defense team immediately.