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‘Š›•Žœȱ˜¢•Žȱ
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Œ˜‹Ž›ȱŘřǰȱŘŖŖŞȱ
˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ
ŝȬśŝŖŖȱ
   ǯŒ›œǯ˜Ÿȱ
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Pr
epared for Members and Committees of Congress

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ȱ
ž––Š›¢ȱ
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. 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).

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

›žȱŽ—œŽœȱ
ȱ
˜—Ž—œȱ
Trafficking................................................................................................................................. 1
Possession ................................................................................................................................. 8
Controlled Substance Violations and Other Crimes/Activity.................................................... 8
Racketeering.............................................................................................................................11
Smuggling ............................................................................................................................... 12
Laundering Money from Controlled Substance Violations..................................................... 12
Tax Offenses............................................................................................................................ 13

˜—ŠŒœȱ
Author Contact Information .......................................................................................................... 13

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

›žȱŽ—œŽœȱ
ȱ
›Š’Œ”’—ȱ
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
Heroin


One kilogram2 or more
$4/10 million
10 years to life

100 to 999 grams
$2/5 million
5 to 40 years

Less than 100 grams
$1/5 million
Up to 20 years
Coca leaf and derivatives



5 kilograms or more
$4/10 million
10 years to life

500 to 4999 grams
$2/5 million
5 to 40 years

Less than 500 grams
$1/5 million
Up to 20 years
Ecgonine (a cocaine precursor)



5 kilograms or more
$4/10 million
10 years to life

500 to 4999 grams
$2/5 million
5 to 40 years

Less than 500 grams
$1/5 million
Up to 20 years
Coca leaves, cocaine, or ecgonine containing cocaine base
(“Crack,” etc.)



50 grams or more
$4/10 million
10 years to life

5 to 49 grams
$2/5 million
5 to 40 years

Less than 5 grams
$1/5 million
Up to 20 years
PCP (phencyclidine)



100 grams or more
$4/10 million
10 years to life

10 to 99 grams
$2/5 million
5 to 40 years

Less than 10 grams
$1/5 million
Up to 20 years
Mixture or substance containing detectable amount of PCP



1 kilogram or more
$4/10 million
10 years to life

100 to 999 grams
$2/5 million
5 to 40 years

Less than 100 grams
$1/5 million
Up to 20 years

1 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 “$4/10 million” means a fine of no more than $4 million for an individual and no more than
$10 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.
2 1 kilogram is equal to 35.27 ounces; 1 gram is equal to 0.04 ounces.
˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ
ŗȱ

›žȱŽ—œŽœȱ
ȱ
LSD (lysergic acid diethylamide)



10 grams or more
$4/10 million
10 years to life

1 to 9 grams
$2/5 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)
$4/10 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)
$2/5 million
5 to 40 years

Less than 40 grams
$1/5 million
Up to 20 years
Marihuana


1000 kilograms or more or 1000 or more
plants3
$4/10 million
10 years to life

100 to 999 kilograms or 100 to 999 plants
$2/5 million
5 to 40 years

50 to 99 kilograms or 50 to 99 plants
$1/5 million
Up to 20 years

Under 50 kilograms4, 10 kilograms of hashish,
one kilogram of hashish oil, or 1 to 49 plants
$250,000/$1 million
Up to 5 years
Methamphetamine


50 grams or more or 500 grams or more of a
mixture
$4/10 million
10 years to life

5 to 49 grams or 50 to 499 grams of a mixture $2/5 million
5 to 40 years

Less than 5 grams or less than 50 grams of a
mixture
$1/5 million
Up to 20 years
Gamma hydroxybutyric acid



any weight
$1/5 million
Up to 20 years
Flunitrazepam5



1 gram
$1/5 million
Up to 20 years

Less than 1 gram
$250,000/$1 million
Up to 5 years6

3 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.
4 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.
5 Importation or exportation of any quantity of flunitrazepam is subject to a fine of $1/5 million and up to 20 years
imprisonment.
6 As amended by the Ryan Haight Online Pharmacy Consumer Protection Act of 2008, P.L. 110-425, with an effective
date of April 13, 2009.
˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ
Řȱ

›žȱŽ—œŽœȱ
ȱ
Any other Schedule I or II substance



any weight
$1/5 million
Up to 20 years
Any other Schedule III substance



any weight
$500,000/$2.5 million
Up to 15 years7
Any other Schedule IV substance



any weight
$250,000/$1 million
Up to 5 years8
Any Schedule V substance



any weight
$100,000/$250,000
Up to 1 year
2nd offense9



Heroin


One kilogram or more
$8/20 million
20 years to life

100 to 999 grams
$4/10 million
10 years to life

Less than 100 grams
$2/10 million
Up to 30 years
Coca leaf and derivatives



5 kilograms or more
$8/20 million
20 years to life

500 to 4999 grams
$4/10 million
10 years to life

Less than 500 grams
$2/10 million
Up to 30 years
Ecgonine (a cocaine precursor)



5 kilograms or more
$8/20 million
20 years to life

500 to 4999 grams
$4/10 million
10 years to life

Less than 500 grams
$2/10 million
Up to 30 years
Coca leaves, cocaine, or ecgonine containing cocaine base
(“Crack,” etc.)



50 grams or more
$8/20 million
20 years to life

5 to 49 grams
$4/10 million
10 years to life

Less than 5 grams
$2/10 million
Up to 30 years
PCP (phencyclidine)



100 grams or more
$8/20 million
20 years to life

10 to 99 grams
$4/10 million
10 years to life

Less than 10 grams
$2/10 million
Up to 30 years
Mixture or substance containing detectable amount of PCP



1 kilogram or more
$8/20 million
20 years to life

100 to 999 grams
$4/10 million
10 years to life

Less than 100 grams
$2/10 million
Up to 30 years
LSD(lysergic acid diethylamide)



7 Id.
8 Id.
9 A second offense is one committed after a prior conviction for a felony drug offense has become final.
˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ
řȱ

›žȱŽ—œŽœȱ
ȱ

10 grams or more
$8/20 million
20 years to life

1 to 9 grams
$4/10 million
10 years to life

Less than 1 gram
$2/10 million
Up to 30 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)
$8/20 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)
$4/10 million
10 years to life

Less than 40 grams
$2/10 million
Up to 30 years
Marihuana


1000 kilograms or more or 1000 or more
plants)
$8/20 million
20 years to life

100 to 999 kilograms or 100 to 999 plants)
$4/10 million
10 years to life

50 to 99 kilograms or 50 to 99 plants10
$2/10 million
Up to 30 years

Less than 50 kilograms,11 10 kilograms of
hashish, one kilogram of hashish oil, or 1 to 49
plants
$500,000/$2 million
Up to 10 years
Methamphetamine


50 grams or more
$8/20 million
20 years to life

5 to 49 grams
$4/10 million
10 years to life

Less than 5 grams
$2/10 million
Up to 30 years
Gamma hydroxybutyric acid



any weight
$2/10 million
Up to 30 years
Flunitrazepam12



1 gram
$2/10 million
Up to 30 years

Less than 1 gram
$500,000/$2 million
Up to 10 years13
Any other Schedule I or II substance



any weight
$2/10 million
Up to 30 years
Any other Schedule III substance



any weight
$1 million/$5 million
Up to 30 years14
Any other Schedule IV substance



any weight
$500,000/$2 million
Up to 10 years15

10 See supra note 3.
11 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.
12 See supra note 5.
13 As amended by the Ryan Haight Online Pharmacy Consumer Protection Act of 2008, P.L. 110-425, with an effective
date of April 13, 2009.
14 As amended by the Ryan Haight Online Pharmacy Consumer Protection Act of 2008, P.L. 110-425, with an effective
date of April 13, 2009.
˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ
Śȱ

›žȱŽ—œŽœȱ
ȱ
Any Schedule V substance



any weight
$200,000/$500,000
Up to 4 years16
3rd offense



A Schedule I or II substance singled out for special penalty
treatment (as indicated above) in amounts constituting a top
level offense
Same as 2nd offense
Life
Cultivation on Federal property (21 U.S.C. 841(b)(5))

Any offense


All substances/all weights
Greater of $500,000/
Maximum term for
$1 million or the maximum distribution of the
fine for distribution of the
substance involved
substance involved
Environmental damage on Federal property resulting
from controlled substance manufacturing or
distribution (21 U.S.C. 841(b)(6))


Any offense17


All substances
Up to $250,000
Up to 5 years
Offenses involving essential (listed) chemicals,
generally (21 U.S.C. 841(c))


Any offense18


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
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)]
Up to $250,000
Up to 5 years
Knowing possession of unreported listed chemicals


Listed chemicals [under 21 U.S.C. 802 (33)]
Up to $100,000
Up to 1 year

(...continued)
15 Id.
16 Id.
17 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
18 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.
˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ
śȱ

›žȱŽ—œŽœȱ
ȱ
Internet Sales of Date Rape Drugs (21 U.S.C. 841(g))


Knowingly using the Internet to distribute a date rape drug19
Up to $250,000
Up to 20 years
Dispensing Controlled Substances by Means of the
Internet (21 U.S.C. 841(h))20


Knowingly or intentionally using the Internet to deliver,
distribute, or dispense a controlled substance without a valid
prescription21
Sentences determined according to the penalties
(or aiding or abetting such activity)
authorized under 21 U.S.C. 841(b)22
Regulatory offenses & use of communications to
facilitate distribution (21 U.S.C. 842, 843)


1st offense


Generally23
Up to $100,000
Up to 1 year
Deception offenses, etc.24
Up to $250,000
Up to 4 years
Methamphetamine equipment offenses
Up to $250,000
Up to 10 years
Advertisement offenses25
Up to $250,000
Up to 4 years

19 “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).
20 Offense added by the Ryan Haight Online Pharmacy Consumer Protection Act of 2008, P.L. 110-425. The effective
date of the Act is April 13, 2009.
21 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).
22 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).
23 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 James E. Nichols and Brian T. Yeh,
24 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.
25 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), effective April 13, 2009: 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.
˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ
Ŝȱ

›žȱŽ—œŽœȱ
ȱ
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 authorized26
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)27


1st offense



All substances (except methamphetamine)
Up to twice the penalties otherwise authorized for
distribution or manufacture but at least 1 year in
prison28
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

26 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.
27 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.
28 Also, at least twice any term of supervised released otherwise authorized for a first offense. An exception to the
mandatory 1-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.
˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ
ŝȱ

›žȱŽ—œŽœȱ
ȱ
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
˜œœŽœœ’˜—ȱ
Simple possession (21 U.S.C. 844)29


1st offense



Cocaine base, over 5 grams
Not less than $1,000
5 to 20 years
All other
Not less than $1,000
Up to 1 year
2nd offense30



Cocaine base, over 3 grams
Not less than $1,000
5 to 20 years
All other
Not less than $2,500
15 days to 2 years
3rd offense



Cocaine base, over 1 gram
Not less than $1,000
5 to 20 years
All other
Not less than $5,000
90 days to 3 years
Any offense



Flunitrazepam
Up to $250,000
Up to 3 years
˜—›˜••Žȱž‹œŠ—ŒŽȱ’˜•Š’˜—œȱŠ—ȱ‘Ž›ȱ›’–ŽœȦŒ’Ÿ’¢ȱ
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 offense31



All substances
Up to $250,000
Up to 20 years
Boobytraps on Federal property (21 U.S.C. 841(d))32


1st offense

Up to $250,000
Up to 10 years
2nd offense

Up to $250,000
Up to 20 years

29 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.
30 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.
31 Distributing a controlled substance to another with the intent to commit a crime of violence upon the victim.
32 Assembly, maintenance, or placement—in connection with the manufacture, distribution, or dispensing of a
controlled substance.
˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ
Şȱ

›žȱŽ—œŽœȱ
ȱ
Continuing Criminal Enterprise (CCE) (“kingpin”)
(21 U.S.C. 848)33


1st offense



All substances
Up to $2 million 20 years to life
2nd offense



All substances
Up to $4 million 30 years to life
Any offense, if the offender is a major participant, involving an
enterprise that grosses $10 million a year or more or involving 300
times34 the amount of controlled substances required to trigger the
most severe distribution penalties of 21 U.S.C. 841


All substances
Up to $4 million life
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
Up to $500,000 Up to 20 years
Endangering human life while illegally manufacturing a
controlled substance (21 U.S.C. 858)


Any offense



All substances
Up to $250,000
Up to 10 years
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 prison35
2nd offense



Generally
Up to three times the penalties otherwise authorized
for the underlying offense but at least 1 year in prison36
Any offense



Use of person under 14 or distribution to a person under 18
Up to $50,000
Up to 5 years

33 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.
34 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.
35 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.
36 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).
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Narco-Terrorism (21 U.S.C. 960a)


Engaging in prohibited drug activity knowing or intending to provide
Up to $250,000 At least twice the
anything of pecuniary value to terrorists
minimum punishment
authorized under 21
U.S.C. 841(b)(1).
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)


1st offense

Up to $250,000
Up to 4 years
2nd offense

Up to $250,000
Up to 8 years
Violation of regulations proscribing financial transactions with
significant foreign narcotics traffickers (21 U.S.C. 1906)


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
Up to 30 years
$5,000,000
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:


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
18 U.S.C. 924(c) (use or possession of firearms or armor
piercing ammunition in connection to a drug trafficking
crime)37


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

37 The penalties listed for this offense apply in addition to the punishment provided for the drug trafficking crime.
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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
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
Up to $250,000
Not less than 15 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
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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
Compensated crime of violence in aid of RICO (18 U.S.C. 1959)

Any offense involving any substance and the following criminal act:


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


Any offense



All substances
Up to $250,000
Up to 20 years
Smuggling Goods into Foreign Countries (18 U.S.C. 546)


Any offense



All substances
Up to $250,000
Up to 2 years
Smuggling methamphetamine or methamphetamine precursor

chemicals into the United States while using facilitated entry
programs (21 U.S.C. 865)
Any offense

Imprisonment Sentence for
Methamphetamine Offense Enhanced By
Up to 15 years
Aviation smuggling (19 U.S.C. 1590)


Any offense



All substances
Up to $250,000
Up to 20 years
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Laundering (18 U.S.C. 1956)


Any offense



All substances
Up to greater of $500,000 or 2X the
Up to 20 years
amount of $ laundered
Monetary traffic in property derived from


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



All substances
Up to greater of $250,000 or 2X the
Up to 10 years
amount of $ laundered
Currency transaction and transportation


reporting (31 U.S.C. 5322)
1st offense


All substances
Up to $250,000
Up to 5 years
2nd offense



All substances
Up to $500,000
Up to 10 years
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 Up to 10 years
or $50,000
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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
Willful failure to file return [concerning income for such violations]
(26 U.S.C. 7203)


Any offense



All substances
Up to $250,000 Up to 5 years
Fraud and false statements [concerning income from such violations]
(26 U.S.C. 7206)


Any offense



All substances
Up to $250,000 Up to 3 years


ž‘˜›ȱ˜—ŠŒȱ —˜›–Š’˜—ȱ

Charles Doyle
Brian T. Yeh
Senior Specialist in American Public Law
Legislative Attorney
cdoyle@crs.loc.gov, 7-6968
byeh@crs.loc.gov, 7-5182




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