Federal Trafficking Penalties

Federal Drug Sentencing Guidelines Lawyer

Federal drug laws specify minimum and maximum terms of imprisonment, based on the type and quantity of drug involved. Likewise, under the Federal Sentencing Guidelines, these factors are taken into account, along with:

Whether the offense involved injury to another person
Whether a weapon was possessed or used
The defendant's criminal history

While judges have discretion to depart from guidelines, they must still stay within the mandatory minimum and maximum terms specified by statute. Where the offense occurs in a school or other protected zone, penalties may be enhanced.

The federal drug sentencing guidelines but most judges use them as a starting point in determining how to sentence someone convicted of a drug crime. They provide a baseline to which additional years in prison may be added if there are other factors involved in the crime, such as:

Crossing state or national borders
Whether weapons were used or present
The extent of the drug operation — conspiracy or racketeering charges
Your role in the operation

It's essential that your defense lawyer understand the federal drug sentencing guidelines in order to effectively argue for a downward departure, should you be found guilty. The goal is always to minimize the consequences you face.

For more than 30 years, Mr. Rubino has been fighting for the rights of people accused of the most serious felony drug crimes — clients at high risk for lengthy prison sentences. He has handled numerous high-profile drug cases for clients in the U.S., and those extradited to the U.S. from various South and Central American countries.

If you have been charged with a felony drug crime in federal court in Texas or elsewhere, contact defense attorney Frank Rubino.

The following table details the penalties for federal drug trafficking crimes in the U.S. It can be found at the website of the U.S. Drug Enforcement Agency.

NOTE TO DEVELOPER: REMOVE YELLOW COLOR from table below

DRUG	QUANTITY	PENALTIES	QUANTITY	PENALTIES
Cocaine	500 - 4999 grams mix	First Offense: 5 to 40 years in prison; if death or serious injury resulted, 20 years to life. Fines up to $2 million for an individual; $5 million if not an individual Second Offense: 10 years to life in prison; if death or serious injury resulted, life imprisonment. Fines of up to $4 million for an individual, $10 million if not an individual	5 kgs or more mix	First Offense: 10 years to life in prison; if death or serious injury resulted, 20 years to life. Fines of up to $4 million for individuals, $10 million if not an individual. Second Offense: 20 years to life in prison; if death or serious injury resulted, then life imprisonment. Fines up to $8 million for individuals, $20 million if not an individual. 2 or More Prior Offenses: Life imprisonment
Cocaine Base	28-278 grams mix	279 grams or more mix
Fentanyl	40 - 399 grams mix	400 grams or more mix
Fentanyl Analogue	10 - 99 grams mix	100 grams or more mix
Heroin	100 - 999 grams mix	1 kg or more mix
LSD	1 - 9 grams mix	10 grams or more mix
Methamphetamine	5 - 49 grams pure or 50 - 499 grams mix	50 grams or more pure or 500 grams or more mix
PCP (Schedule II)	10 - 99 grams pure or 100 - 999 grams mix	100 grams or more pure or 1 kg or more mix

DRUG SCHEDULE	QUANTITY	FEDERAL DRUG PENALTIES
Other Schedule I & II drugs (and any drug product containing Gamma Hydroxybutyric Acid)	Any amount	First Offense: Up to 20 yrs in prison; if death or serious injury results, 20 yrs to life. Fines of up to $1 million for individuals, $5 million if not an individual. Second Offense: Up to 30 yrs in prison; if death or serious injury, not less than life. Fines up to $2 million for individuals, $10 million if not an individual
Flunitrazepam (Schedule IV)	1 gram or more
Other Schedule III drugs	Any amount	First Offense: Up to 5 years in prison; fines up to $250,000 for individuals, $1 million if not an individual. Second Offense: Up to 10 years in prison; fines up to $500,000 for individuals, $2 million if not an individual
Flunitrazepam (Schedule IV)	30 to 999 mgs
All other Schedule IV drugs	Any amount	First Offense: Up to 3 years in prison; fines up to $250,000 for individuals, $1 million if not an individual. Second Offense: Up to 6 years in prison; fines up to $500,000 for individuals, $2 million if not an individual.
Flunitrazepam (Schedule IV)	Less than 30 mgs
All Schedule V drugs	Any amount	First Offense: Up to 1 year in prison; fines up to $100,000 for individuals, $250,000 if not an individual. Second Offense: Up to 2 years in prison; fines up to $200,000 for individuals, $500,000 if not an individual.

QUANTITY OF MARIJUANA

FEDERAL DRUG TRAFFICKING PENALTIES

1,000 kg or more mix or

1,000 or more plants

First Offense: 10 years to life in prison; if death or serious injury resulted, 20 years to life. Fines up to $4 million for individuals, $10 million if other than an individual.

Second Offense: 20 years to life in prison; if death or serious injury resulted, mandatory life imprisonment. Fines up to $8 million for individuals, $20 million if other than an individual.

100 kg to 999 kg mix or

100 to 999 plants

First Offense: 5 to 40 years in prison; if death or serious injury resulted, 20 years to life. Fines up to $2 million for individuals, $5 million if other than an individual.

Second Offense: 10 years to life in prison; if death or serious injury resulted, mandatory life in prison. Fines up to $4 million for individuals, $10 million if other than an individual.

More than 10 kgs hashish; 50 to 99 kg mix

More than 1 kg of hashish oil; 50 to 99 plants

First Offense: Up to 20 years in prison; if death or serious injury resulted, 20 years to life. Fines of $1 million for an individual, $5 million if other than an individual.

Second Offense: Up to 30 years in prison; if death or serious injury resulted, then mandatory life sentence. Fines of $2 million for individuals, $10 million if other than individual.

1 to 49 plants; less than 50 kg mix

First Offense: Up to 5 years in prison; fines up to $250,000 for individuals, $1 million if other than individual.

Second Offense: Up to 10 years in prison; fines of $500,000 for individuals, $2 million if other than individual.

10 kg or less

1 kg or less

Contact Houston Criminal Defense Attorney Frank A. Rubino

Frank A. Rubino is prepared to represent you in federal court against serious criminal accusations. Contact Mr. Rubino online or call his Houston law office at 713-574-7716 or toll free at 1-866-718-3994.