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Federal
Trafficking Penalties
Federal Trafficking Penalties Chart.
For methamphetamine (Schedule II):
For 5-49 grams pure or 50-499 grams mixture:
First offense, not less than 5 years and not more than 40 years. If death or
serious injury, not less than 20 or more than life. Fine of not more than $2
million if an individual, $5 million if other than an individual.
Second offense, not less than 10 years and not more than life. If death or
serious injury, not less than life. Fine of not more than $4 million if an
individual, $10 million if other than an individual.
For 50 grams or more pure or 500 grams or more mixture:
First offense, not less than 10 years and not more than life. If death or serious
injury, not less than 20 years or more than life. Fine of not more than $4
million if an individual, $10 million if other than an individual.
Second offense, not less than 20 years and not more than life. If death or
serious injury, not less than life. Fine of not more than $8 million if an
individual, $20 million if other than an individual.
Third offense or more, life imprisonment.
For heroin (Schedule I):
For 100-999 grams mixture:
First offense, not less than 5 years and not more than 40 years. If death or
serious injury, not less than 20 or more than life. Fine of not more than $2
million if an individual, $5 million if other than an individual.
Second offense, not less than 10 years and not more than life. If death or
serious injury, not less than life. Fine of not more than $4 million if an
individual, $10 million if other than an individual.
For 1 kilogram or more mixture:
First offense, not less than 10 years and not more than life. If death or serious
injury, not less than 20 years or more than life. Fine of not more than $4
million if an individual, $10 million if other than an individual.
Second offense, not less than 20 years and not more than life. If death or
serious injury, not less than life. Fine of not more than $8 million if an
individual, $20 million if other than an individual.
Third offense or more, life imprisonment.
For cocaine (Schedule II):
For 500-4,999 grams mixture:
First offense, not less than 5 years and not more than 40 years. If death or
serious injury, not less than 20 or more than life. Fine of not more than $2
million if an individual, $5 million if other than an individual.
Second offense, not less than 10 years and not more than life. If death or
serious injury, not less than life. Fine of not more than $4 million if an
individual, $10 million if other than an individual.
For 5 kilograms or more mixture:
First offense, not less than 10 years and not more than life. If death or serious
injury, not less than 20 years or more than life. Fine of not more than $4
million if an individual, $10 million if other than an individual.
Second offense, not less than 20 years and not more than life. If death or
serious injury, not less than life. Fine of not more than $8 million if an
individual, $20 million if other than an individual.
Third offense or more, life imprisonment.
For cocaine base (Schedule II):
For 5-49 grams mixture:
First offense, not less than 5 years and not more than 40 years. If death or
serious injury, not less than 20 or more than life. Fine of not more than $2
million if an individual, $5 million if other than an individual.
Second offense, not less than 10 years and not more than life. If death or
serious injury, not less than life. Fine of not more than $4 million if an
individual, $10 million if other than an individual.
For 50 grams or more mixture:
First offense, not less than 10 years and not more than life. If death or serious
injury, not less than 20 years or more than life. Fine of not more than $4
million if an individual, $10 million if other than an individual.
Second offense, not less than 20 years and not more than life. If death or
serious injury, not less than life. Fine of not more than $8 million if an
individual, $20 million if other than an individual.
Third offense or more, life imprisonment.
For PCP (Schedule II):
For 10-99 grams pure or 100-999 grams mixture:
First offense, not less than 5 years and not more than 40 years. If death or
serious injury, not less than 20 or more than life. Fine of not more than $2
million if an individual, $5 million if other than an individual.
Second offense, not less than 10 years and not more than life. If death or
serious injury, not less than life. Fine of not more than $4 million if an
individual, $10 million if other than an individual.
For 100 grams or more pure or 1 kilogram or more mixture:
First offense, not less than 10 years and not more than life. If death or serious
injury, not less than 20 years or more than life. Fine of not more than $4
million if an individual, $10 million if other than an individual.
Second offense, not less than 20 years and not more than life. If death or
serious injury, not less than life. Fine of not more than $8 million if an
individual, $20 million if other than an individual.
Third offense or more, life imprisonment.
For LSD (Schedule I):
For 1-9 grams mixture:
First offense, not less than 5 years and not more than 40 years. If death or
serious injury, not less than 20 or more than life. Fine of not more than $2
million if an individual, $5 million if other than an individual.
Second offense, not less than 10 years and not more than life. If death or
serious injury, not less than life. Fine of not more than $4 million if an
individual, $10 million if other than an individual.
For 10 grams or more mixture:
First offense, not less than 10 years and not more than life. If death or serious
injury, not less than 20 years or more than life. Fine of not more than $4
million if an individual, $10 million if other than an individual.
Second offense, not less than 20 years and not more than life. If death or
serious injury, not less than life. Fine of not more than $8 million if an
individual, $20 million if other than an individual.
Third offense or more, life imprisonment.
For Fentanyl (Schedule II):
For 40-399 grams mixture:
First offense, not less than 5 years and not more than 40 years. If death or
serious injury, not less than 20 or more than life. Fine of not more than $2
million if an individual, $5 million if other than an individual.
Second offense, not less than 10 years and not more than life. If death or
serious injury, not less than life. Fine of not more than $4 million if an
individual, $10 million if other than an individual.
For 400 grams or more mixture:
First offense, not less than 10 years and not more than life. If death or serious
injury, not less than 20 years or more than life. Fine of not more than $4
million if an individual, $10 million if other than an individual.
Second offense, not less than 20 years and not more than life. If death or
serious injury, not less than life. Fine of not more than $8 million if an
individual, $20 million if other than an individual.
Third offense or more, life imprisonment.
For Fentanyl analogues (Schedule I):
For 10-99 grams mixture:
First offense, not less than 5 years and not more than 40 years. If death or
serious injury, not less than 20 or more than life. Fine of not more than $2
million if an individual, $5 million if other than an individual.
Second offense, not less than 10 years and not more than life. If death or
serious injury, not less than life. Fine of not more than $4 million if an
individual, $10 million if other than an individual.
For 100 grams or more mixture:
First offense, not less than 10 years and not more than life. If death or serious
injury, not less than 20 years or more than life. Fine of not more than $4
million if an individual, $10 million if other than an individual.
Second offense, not less than 20 years and not more than life. If death or
serious injury, not less than life. Fine of not more than $8 million if an
individual, $20 million if other than an individual.
Third offense or more, life imprisonment.
For others
Schedules I & II (includes 1 gram or more
of flunitrazepam and gamma hydroxybutyric acid):
Any quantity:
First offense, not more than 20 years. If death or serious injury, not less
than 20 years, not more than life. Fine of $1 million if an individual, $5
million if other than an individual.
Second offense, not more than 30 years. If death or serious injury, life. Fine
of $2 million if an individual, $10 million if other than an individual.
For others Schedules III (includes 30 milligrams-999
milligrams of flunitrazepam):
Any quantity:
First offense, not more than 5 years, fine not more than $250,000 if an individual,
$1 million if other than an individual.
Second offense, not more than 10 years, fine not more than $500,000 if an individual,
$2 million if other than an individual.
For others* (Schedule IV),
(including less than 30 milligrams of flunitrazepam):
Any quantity:
First offense, not more than 3 years, fine not more than $250,000 if an individual,
$1 million if other than an individual.
Second offense, not more than 6 years, fine not more than $500,000 if an individual,
$2 million if other than an individual.
For all Schedules V:
Any quantity:
First offense, not more than 1 year, fine not more than $100,000 if an individual,
$250,000 if other than an individual.
Second offense, not more than 2 years, fine not more than $200,000 if an individual,
$500,000 if other than an individual.
*Although flunitrazepam
is a Schedule IV controlled substance, 30 or more milligrams of flunitrazepam
are subject to greater statutory maximum penalties than the above-referenced
penalties for Schedule IV controlled substances. See 21 U.S.C. §841(b)(1)(C)
and (D).
Return to Federal
Trafficking Penalties.
Federal Trafficking Penalties
- Marijuana--includes Hashish and Hashish Oil (Marijuana
is a Schedule I Controlled Substance)
Federal Trafficking Penalties - Marijuana chart.
The Federal drug trafficking penalties for marijuana
are as follows:
For 1,000 kilograms or more mixture or 1,000 or more
plants:
First offense, not less than 10 years, not more than life. If death or serious
injury, not less than 20 years, not more than life. Fine not more than $4 million
individual, $10 million other than individual.
Second offense, not less than 20 years, not more than life. If death or serious
injury, then life. Fine not more than $8 million individual, $20 million other
than individual.
Third offense, life imprisonment without release.
For 100 kilograms to 999 kilograms mixture or 100-999
plants:
First offense, not less than 5 years, not more than 40 years. If death or serious
injury, not less than 20 years, not more than life. Fine not more than $2 million
individual, $5 million if other than individual.
Second offense, not less than 10 years, not more than life. If death or serious
injury, then life. Fine not more than $4 million individual, $10 million other
than individual.
For 50 to 99 kilograms mixture or 50 to 99 plants:
First offense, not more than 20 years. If death or serious injury, not less
than 20 years, not more than life. Fine $1 million individual, $5 million
other than individual.
Second offense, not more than 30 years. If death or serious injury, then life.
Fine $2 million individual, $10 million if other than individual.
For less than 50 kilograms mixture or 1 to 49 plants:
First offense, not more than 5 years. Fine not more than $250,000 individual,
$1 million other than individual.
Second offense, not more than 10 years. Fine $500,000 individual, $2 million
other than individual.
For more than 10 kilograms of hashish:
First offense, not more than 20 years. If death or serious injury, not less
than 20 years, not more than life. Fine $1 million individual, $5 million
other than individual.
Second offense, not more than 30 years. If death or serious injury, then life.
Fine $2 million individual, $10 million if other than individual.
For 10 kilograms or less of hashish:
First offense, not more than 5 years. Fine not more than $250,000 individual,
$1 million other than individual.
Second offense, not more than 10 years. Fine $500,000 individual, $2 million
other than individual.
For more than 1 kilogram of hashish oil:
First offense, not more than 20 years. If death or serious injury, not less
than 20 years, not more than life. Fine $1 million individual, $5 million
other than individual.
Second offense, not more than 30 years. If death or serious injury, then life.
Fine $2 million individual, $10 million if other than individual.
For 1 kilogram or less of hashish oil:
First offense, not more than 5 years. Fine not more than $250,000 individual,
$1 million other than individual.
Second offense, not more than 10 years. Fine $500,000 individual, $2 million
other than individual.
Return to Federal Trafficking
Penalties - Marijuana.
Regulatory Requirements
Chart.
Regulatory Requirements Controlled Substances chart.
The regulatory requirements for controlled substances
are as follows:
For Schedule I:
Registration is required.
Records shall be maintained separately from all other records.
A DEA order form is required for distribution.
Distribution is restricted to research use only.
Security requirements in the manufacturing process require a vault or safe.
Manufacturing quotas are issued.
A permit is required to import or export narcotics.
A permit is required to import or export non-narcotics.
Manufacturers and distributors are required to submit reports to DEA for narcotics.
Manufacturers and distributors are required to submit reports to DEA for non-narcotics.
For Schedule II:
Registration is required.
Records shall be maintained separately from all other records.
A DEA order form is required for distribution.
Distribution requires a written prescription, which may not be refilled.
Security requirements in the manufacturing process require a vault or safe.
Manufacturing quotas are issued.
A permit is required to import or export narcotics.
A permit is required to import or export non-narcotics.
Manufacturers and distributors are required to submit reports to DEA for narcotics.
Manufacturers and distributors are required to submit reports to DEA for non-narcotics.
For Schedule III:
Registration is required.
Records must be readily retrievable.
Records are required for distribution.
Distribution requires a written or oral prescription, which may include up
to 5 refills in 6 months with medical authorization.
Security requirements in the manufacturing process require a secure storage
area.
Manufacturing quotas are not issued, but some drugs are limited by Schedule
II.
A permit is required to import or export narcotics.
A permit is required for some drugs, a declaration for others to import or
export non-narcotics.
Manufacturers and distributors are required to submit reports to DEA for narcotics.
Manufacturers are required to submit reports to DEA for specific non-narcotics
drugs.
For Schedule IV:
Registration is required.
Records must be readily retrievable.
Records are required for distribution.
Distribution requires a written or oral prescription, which may include up
to 5 refills in 6 months with medical authorization.
Security requirements in the manufacturing process require a secure storage
area.
Manufacturing quotas are not issued, but some drugs are limited by Schedule
II.
A permit is required to import or export narcotics.
A declaration is required to import or export non-narcotics.
Manufacturers only are required to submit reports to DEA for narcotic drugs.
Manufacturers only are required to submit reports to DEA for specific non-narcotic
drugs.
For Schedule V:
Registration is required.
Records must be readily retrievable.
Records are required for distribution.
Distribution is over the counter; prescription drugs limited to M.D.'s order.
Security requirements in the manufacturing process require a secure storage
area.
Manufacturing quotas are not issued, but some drugs are limited by Schedule
II.
A permit is required to import and a declaration is required to export narcotics.
A declaration is required to import or export non-narcotics.
Manufacturers only are required to submit reports to DEA for narcotic drugs.
Manufacturers and distributors are not required to submit reports to DEA for
non-narcotics.
Return to Regulatory Requirements Chart.
Listed CSA Chemical Chart.
Chart showing Listed Chemicals regulated under the Controlled Substances
Act.
See 21 C.F.R §§ 1309, 1310, and 1313 for details
October 31, 2001
List I Chemicals:
1. N-Acetylanthranilic
Acid2 is
a precursor in the manufacture of the controlled substance methaqualone.
The domestic threshold is 40 kilograms and the imports & exports
threshold is 40 kilograms. 2. Anthranilic
Acid2 is
a precursor in the manufacture of the controlled substance methaqualone.
The domestic threshold is 30 kilograms and the imports & exports
threshold is 30 kilograms.
3. Benzaldehyde is a precursor in the manufacture of
the controlled substances amphetamine and phenyl-2-propanone. The domestic
threshold is 4 kilograms and the imports & exports threshold is 4
kilograms.
4. Benzyl cyanide is a precursor in the manufacture
of the controlled substance phenyl-2-propanone.The domestic threshold is
1 kilogram and the imports & exports threshold is 1 kilogram.
5. Ephedrine3 & 7 is
a precursor in the manufacture of the controlled substances methamphetamine
and methcathinone. The domestic threshold is 0 kilograms and the imports & exports
threshold is 0 kilograms.
6. Ergonovine1 is
a precursor in the manufacture of the controlled substance LSD. The
domestic
threshold
is 0.010 kilogram and the imports & exports threshold is 0.010 kilogram.
7. Ergotamine1 is
a precursor in the manufacture of the controlled substance LSD. The
domestic
threshold
is 0.020 kilograms and the imports & exports threshold is 0.020 kilograms.
8. Ethylamine1 is
a precursor in the manufacture of the controlled substances ethylamphetamine
and MDE.
The domestic threshold is 1 kilogram and the imports & exports threshold
is 1 kilogram.
9. gamma-Butyrolactone (GBL) is a precursor in the manufacture
of the controlled substance GHB. The domestic threshold is 0 kilograms
and the imports & exports threshold is 0 kilograms.
10. Hydriodic acid is a reagent in the manufacture of the controlled
substance methamphetamine. The domestic threshold is 1.7 kilograms and
the imports & exports threshold is 1.7 kilograms.
11. Hypophosphorous
acid1 is a reagent
in the manufacture of the controlled substances amphetamine and methamphetamine.
The domestic threshold is 0 kilograms and the imports & exports threshold
is 0 kilograms.
12. Isosafrole is a precursor in the manufacture of the controlled
substances MDA, MDE, and MDMA. The domestic threshold is 4 kilograms and
the imports & exports threshold is 4 kilograms.
13. Methylamine1 is
a precursor in the manufacture of the controlled substances MDMA
and methamphetamine.
The
domestic threshold is 1 kilogram and the imports & exports threshold
is 1 kilogram.
14. 3,4 Methylenedioxyphenyl-2-propanone is a precursor in the manufacture
of the controlled substances MDA, MDE, and MDMA. The domestic threshold
is 4 kilograms and the imports & exports threshold is 4 kilograms.
15. N-Methylephedrine3 is
a precursor in the manufacture of the controlled substance N,N-Dimethylamphetamine.
The domestic threshold is 1 kilogram and the imports & exports threshold
is 1 kilogram.
16. N-Methylpseudoephedrine3 is
a precursor in the manufacture of the controlled substance N,N-Dimethylamphetamine.
The domestic threshold is 1 kilogram and the imports & exports threshold
is 1 kilogram.
17. Nitroethane is a precursor in the manufacture of the controlled
substances amphetamine, MDA, and phenyl-2-propanone. The domestic threshold
is 2.5 kilograms and the imports & exports threshold is 2.5 kilograms.
18. Norpseudoephedrine3 is
a precursor in the manufacture of the controlled substances amphetamine
and 4-Methylaminorex.
The domestic threshold is 2.5 kilograms and the imports & exports
threshold is 2.5 kilograms.
19. Phenylacetic acid2 is
a precursor in the manufacture of the controlled substance phenyl-2-propanone.
The domestic threshold is 1 kilogram and the imports & exports threshold
is 1 kilogram.
20. Phenylpropanolamine3 & 7 is
a precursor in the manufacture of the controlled substances amphetamine
and 4-Methylaminorex. The domestic threshold is 2.5 kilograms and the
imports & exports
threshold is 2.5 kilograms.
21. Phosphorous (red) is a reagent in the manufacture of the controlled
substances amphetamine and methamphetamine. The domestic threshold is 0
kilograms and the imports & exports threshold is 0 kilograms.
22. Phosphorous (white or yellow) is a reagent in the manufacture
of the controlled substances amphetamine and methamphetamine. The domestic
threshold is 0 kilograms and the imports & exports threshold is 0
kilograms.
23. Piperidine1 is
a precursor in the manufacture of the controlled substance phencyclidine.
The domestic
threshold
is 0.500 kilograms and the imports & exports threshold is 0.500 kilograms.
24. Piperonal is a precursor in the manufacture of the controlled
substances MDA, MDE, and MDMA. The domestic threshold is 4 kilograms and
the imports & exports threshold is 4 kilograms.
25. Propionic anhydride is a precursor in the manufacture of the
controlled substance Fentanyl and its analogues. The domestic threshold
is 0.001 kilograms and the imports & exports threshold is 0.001 kilograms.
26. Pseudoephedrine3 & 7 is
a precursor in the manufacture of the controlled substances methamphetamine
and methcathinone. The domestic threshold is 1 kilogram and the imports & exports
threshold is 1 kilogram.
27. Safrole is a precursor in the manufacture of the controlled
substances MDA, MDE, and MDMA. The domestic threshold is 4 kilograms and
the imports & exports threshold is 4 kilograms.
List II Chemicals:
28. Acetic anhydride is a precursor in the manufacture of the controlled
substances heroin, methaqualone, and phenyl-2-propanone. The domestic threshold
is 1.023 kilograms and the imports & exports threshold is 1.023 kilograms.
29. Acetone is a solvent used in the manufacture of the controlled
substances cocaine, heroin, LSD, MDA, MDE, MDMA, and methamphetamine. The
domestic threshold is 150 kilograms and the imports & exports threshold
is 1,500 kilograms.
30. Benzyl chloride is a precursor in the manufacture of the controlled
substance methamphetamine. The domestic threshold is 1 kilogram and the
imports & exports threshold is 4 kilograms.
31. Ethyl ether is a solvent used in the manufacture of the controlled
substances amphetamine, cocaine, Fentanyl and its analogues, heroin, LSD,
MDA, MDE, MDMA, methamphetamine, methaqualone, methcathinone, phencyclidine
(PCP), and phenyl-2-propanone. The domestic threshold is 135.8 kilograms
and the imports & exports threshold is 1,364 kilograms.
32. Hydrochloric acid5 & 6 is
a reagent in the manufacture of the controlled substances amphetamine,
cocaine, N,N-Dimethylamphetamine, ethylamphetamine, Fentanyl and its
analogues, heroin, LSD, MDA, MDE, MDMA, methamphetamine, methaqualone,
methcathinone,
and phencyclidine (PCP). The domestic threshold is not controlled and
the imports & exports threshold is 222.3 kilograms.
32a. Hydrogen chloride gas5 & 6 is
a reagent in the manufacture of the controlled substances amphetamine,
cocaine, N,N-Dimethylamphetamine, ethylamphetamine, Fentanyl and its
analogues, heroin, LSD, MDA, MDE, MDMA, methamphetamine, methaqualone,
methcathinone,
and phencyclidine (PCP). The domestic threshold is 0 kilograms and the
imports & exports threshold is 27 kilograms.
33. Iodine is a reagent in the manufacture of the controlled substances
amphetamine and methamphetamine. The domestic threshold is 0.4 kilograms
and the imports & exports threshold is not controlled.
34. Methyl ethyl ketone (2-Butanone) is a solvent used in the manufacture
of the controlled substances cocaine, heroin, MDA, MDE, and methamphetamine.
The domestic threshold is 145 kilograms and the imports & exports
threshold is 1,455 kilograms.
35. Methyl isobutyl
ketone4 is
a solvent used in the manufacture of the controlled substances cocaine,
heroin, MDA, MDE, and methamphetamine. The domestic threshold is not controlled
and the imports & exports threshold is 1,523 kilograms.
36. Potassium permanganate is a reagent in the manufacture of the
controlled substance cocaine. The domestic threshold is 55 kilograms and
the imports & exports threshold is 500 kilograms.
37. Sulfuric acid5 & 6 is
a reagent in the manufacture of the controlled substances amphetamine,
cocaine, MDA, MDE, MDMA, methamphetamine, and phenyl-2-propanone. The
domestic threshold is not controlled and the imports & exports
threshold is 347 kilograms.
38. Toluene is a solvent used in the manufacture of the controlled
substances cocaine, Fentanyl and its analogues, methaqualone, phencyclidine
(PCP), and phenyl-2-propanone. The domestic threshold is 159 kilograms
and the imports & exports threshold is 1,591 kilograms.
1. and its salts.
2. and its salts and esters.
3. and its salts, optical isomers, and salts of optical
isomers.
4. Exports only, to all Western Hemisphere except Canada.
5. Exports to all South American countries & Panama - Domstic
for HCl gas.
6. Threshold for HCl acid and sulfuric acid is 50 gallons,
the equivalent weight in kilograms is shown.
7. For pseudoephedrine, phenylpropanolamine, and combination
ephedrine drug products, see 21 USC §§ 802(39)(A)(iv), 802 (45), and Historical
and Statutory Notes following 21 USC § 802 on Public Law 104-237 § 041(f).
Return to Listed CSA Chemical Chart.