ȱ ›žȱŽ—œŽœDZȱŠ¡’–ž–ȱ’—ŽœȱŠ—ȱŽ›–œȱ˜ȱ –™›’œ˜—–Ž—ȱ˜›ȱ’˜•Š’˜—ȱ˜ȱ‘ŽȱŽŽ›Š•ȱ ˜—›˜••Žȱž‹œŠ—ŒŽœȱŒȱŠ—ȱŽ•ŠŽȱŠ œȱ ‘Š›•Žœȱ˜¢•Žȱ Ž—’˜›ȱ™ŽŒ’Š•’œȱ’—ȱ–Ž›’ŒŠ—ȱž‹•’ŒȱŠ ȱ ›’Š—ȱǯȱŽ‘ȱ Ž’œ•Š’ŸŽȱ˜›—Ž¢ȱ Œ˜‹Ž›ȱŘřǰȱŘŖŖŞȱ ˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ ŝȬśŝŖŖȱ    ǯŒ›œǯ˜Ÿȱ řŖŝŘŘȱ ȱŽ™˜›ȱ˜›ȱ˜—›Žœœ Prepared for Members and Committees of Congress ȱ ›žȱŽ—œŽœȱ 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 $4/10 million $2/5 million $1/5 million 10 years to life 5 to 40 years Up to 20 years $4/10 million $2/5 million $1/5 million 10 years to life 5 to 40 years Up to 20 years $4/10 million $2/5 million $1/5 million 10 years to life 5 to 40 years Up to 20 years $4/10 million $2/5 million $1/5 million 10 years to life 5 to 40 years Up to 20 years $4/10 million $2/5 million $1/5 million 10 years to life 5 to 40 years Up to 20 years $4/10 million $2/5 million $1/5 million 10 years to life 5 to 40 years Up to 20 years Heroin One kilogram2 or more 100 to 999 grams Less than 100 grams Coca leaf and derivatives 5 kilograms or more 500 to 4999 grams Less than 500 grams Ecgonine (a cocaine precursor) 5 kilograms or more 500 to 4999 grams Less than 500 grams Coca leaves, cocaine, or ecgonine containing cocaine base (“Crack,” etc.) 50 grams or more 5 to 49 grams Less than 5 grams PCP (phencyclidine) 100 grams or more 10 to 99 grams Less than 10 grams Mixture or substance containing detectable amount of PCP 1 kilogram or more 100 to 999 grams Less than 100 grams 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 1 to 9 grams Less than 1 gram 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) 40 to 399 grams (or 10-99 grams of a mixture containing a detectable amount of any analogue of it) Less than 40 grams Marihuana 1000 kilograms or more or 1000 or more plants3 100 to 999 kilograms or 100 to 999 plants 50 to 99 kilograms or 50 to 99 plants Under 50 kilograms4, 10 kilograms of hashish, one kilogram of hashish oil, or 1 to 49 plants Methamphetamine 50 grams or more or 500 grams or more of a mixture 5 to 49 grams or 50 to 499 grams of a mixture Less than 5 grams or less than 50 grams of a mixture Gamma hydroxybutyric acid any weight Flunitrazepam5 1 gram Less than 1 gram $4/10 million $2/5 million $1/5 million 10 years to life 5 to 40 years Up to 20 years $4/10 million 10 years to life $2/5 million $1/5 million 5 to 40 years Up to 20 years $4/10 million $2/5 million $1/5 million 10 years to life 5 to 40 years Up to 20 years $250,000/$1 million Up to 5 years $4/10 million $2/5 million 10 years to life 5 to 40 years $1/5 million Up to 20 years $1/5 million Up to 20 years $1/5 million $250,000/$1 million Up to 20 years 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 Any other Schedule III substance any weight Any other Schedule IV substance any weight Any Schedule V substance any weight 2 offense Heroin One kilogram or more 100 to 999 grams Less than 100 grams Coca leaf and derivatives 5 kilograms or more 500 to 4999 grams Less than 500 grams Ecgonine (a cocaine precursor) 5 kilograms or more 500 to 4999 grams Less than 500 grams Coca leaves, cocaine, or ecgonine containing cocaine base (“Crack,” etc.) 50 grams or more 5 to 49 grams Less than 5 grams PCP (phencyclidine) 100 grams or more 10 to 99 grams Less than 10 grams Mixture or substance containing detectable amount of PCP 1 kilogram or more 100 to 999 grams Less than 100 grams LSD(lysergic acid diethylamide) nd $1/5 million Up to 20 years $500,000/$2.5 million Up to 15 years $250,000/$1 million Up to 5 years $100,000/$250,000 Up to 1 year $8/20 million $4/10 million $2/10 million 20 years to life 10 years to life Up to 30 years $8/20 million $4/10 million $2/10 million 20 years to life 10 years to life Up to 30 years $8/20 million $4/10 million $2/10 million 20 years to life 10 years to life Up to 30 years $8/20 million $4/10 million $2/10 million 20 years to life 10 years to life Up to 30 years $8/20 million $4/10 million $2/10 million 20 years to life 10 years to life Up to 30 years $8/20 million $4/10 million $2/10 million 20 years to life 10 years to life Up to 30 years 7 8 9 7 Id. Id. 9 A second offense is one committed after a prior conviction for a felony drug offense has become final. 8 ˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ řȱ ›žȱŽ—œŽœȱ ȱ 10 grams or more 1 to 9 grams Less than 1 gram 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) 40 to 399 grams (or 10-99 grams of a mixture containing a detectable amount of any analogue of it) Less than 40 grams Marihuana 1000 kilograms or more or 1000 or more plants) 100 to 999 kilograms or 100 to 999 plants) 50 to 99 kilograms or 50 to 99 plants10 Less than 50 kilograms,11 10 kilograms of hashish, one kilogram of hashish oil, or 1 to 49 plants Methamphetamine 50 grams or more 5 to 49 grams Less than 5 grams Gamma hydroxybutyric acid any weight Flunitrazepam12 1 gram Less than 1 gram Any other Schedule I or II substance any weight Any other Schedule III substance any weight Any other Schedule IV substance any weight $8/20 million $4/10 million $2/10 million 20 years to life 10 years to life Up to 30 years $8/20 million 20 years to life $4/10 million $2/10 million 10 years to life Up to 30 years $8/20 million $4/10 million $2/10 million 20 years to life 10 years to life Up to 30 years $500,000/$2 million Up to 10 years $8/20 million $4/10 million $2/10 million 20 years to life 10 years to life Up to 30 years $2/10 million Up to 30 years $2/10 million $500,000/$2 million Up to 30 years Up to 10 years13 $2/10 million Up to 30 years $1 million/$5 million Up to 30 years14 $500,000/$2 million Up to 10 years15 10 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. 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. 11 ˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ Śȱ ›žȱŽ—œŽœȱ ȱ Any Schedule V substance any weight rd 3 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 offense17 All substances Offenses involving essential (listed) chemicals, $200,000/$500,000 Up to 4 years16 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 Up to $250,000 Up to $250,000 Up to 20 years Up to 10 years Up to $250,000 Up to 5 years Up to $100,000 Up to 1 year generally (21 U.S.C. 841(c)) Any offense18 List I chemicals [under 21 U.S.C. 802(34)] List II chemicals [under 21 U.S.C. 802(35)] 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)] (...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 (or aiding or abetting such activity) Regulatory offenses & use of communications to facilitate distribution (21 U.S.C. 842, 843) Sentences determined according to the penalties authorized under 21 U.S.C. 841(b)22 1st offense Generally23 Deception offenses, etc.24 Methamphetamine equipment offenses Advertisement offenses25 Up to $100,000 Up to $250,000 Up to $250,000 Up to $250,000 Up to 1 year Up to 4 years Up to 10 years 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 Deception offenses, etc. Methamphetamine equipment offenses Advertisement offenses Manufacturing or Distributing Controlled Substances Within 1000 Feet of a Truck Stop or Highway Rest Area (21 U.S.C. 849) Up to $250,000 Up to $250,000 Up to $60,000 Up to $250,000 Up to 2 years Up to 8 years Up to 20 years Up to 8 years 1st offense All substances 2nd offense All substances Up to twice the penalties otherwise authorized 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 2nd offense All substances 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) 2nd offense All substances (except methamphetamine) Any offense involving methamphetamine Up to twice the penalties otherwise authorized26 Up to three times the penalties otherwise authorized Up to twice the penalties otherwise authorized for distribution or manufacture but at least 1 year in prison28 Up to three times the penalties otherwise authorized for distribution or manufacture but at least 3 years in prison 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 All other 2nd offense30 Cocaine base, over 3 grams All other rd 3 offense Cocaine base, over 1 gram All other Any offense Flunitrazepam Not less than $1,000 Not less than $1,000 5 to 20 years Up to 1 year Not less than $1,000 Not less than $2,500 5 to 20 years 15 days to 2 years Not less than $1,000 Not less than $5,000 5 to 20 years 90 days to 3 years 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 Use of a controlled substance to commit a crime of violence (21 U.S.C. 841(b)(7)) Any offense31 All substances Same as penalties for the underlying offense 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))32 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 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 times34 the amount of controlled substances required to trigger the most severe distribution penalties of 21 U.S.C. 841 All substances Up to $2 million 20 years to life Up to $4 million 30 years to life Up to $4 million life 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 Any offense All substances Up to $250,000 Up to 10 years Establishing manufacturing operations (21 U.S.C. 856) Endangering human life while illegally manufacturing a controlled substance (21 U.S.C. 858) 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 2nd offense Generally Up to twice the penalties otherwise authorized for the underlying offense but at least 1 year in prison35 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). ˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ şȱ ›žȱŽ—œŽœȱ ȱ 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). 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 Up to $250,000 Up to $10,000,000 Up to $5,000,000 Up to 10 years Up to $250,000 Up to 20 years, or any term of years or life if death results Up to 5 years Up to 5 years Violation of regulations proscribing financial transactions with significant foreign narcotics traffickers (21 U.S.C. 1906) Any offense (individual) Any offense (organization) Any offense (organization officer or agent) 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 Distributing the proceeds from the racketeering enterprise Promotion or facilitation of the racketeering enterprise 18 U.S.C. 924(c) (use or possession of firearms or armor piercing ammunition in connection to a drug trafficking crime)37 Up to $250,000 Up to $250,000 1st offense involving a firearm Generally If a firearm is brandished If a firearm is discharged If firearm is a short-barreled rifle, short-barreled shotgun, or semiautomatic assault weapon If firearm is a machinegun or destructive device, or equipped with a silencer/muffler 2nd or subsequent offense involving a firearm Generally If firearm is a machinegun or destructive device, or equipped with a silencer/muffler 37 Up to 30 years Not less than 5 years Not less than 7 years Not less than 10 years Not less than 10 years Not less than 30 years Not less than 25 years life The penalties listed for this offense apply in addition to the punishment provided for the drug trafficking crime. ˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ ŗŖȱ ›žȱŽ—œŽœȱ ȱ Any offense involving armor piercing ammunition Use or possession If such ammunition is used for murder Up to $250,000 Up to $250,000 Not less than 15 years Any term of years or life Up to 10 years Up to 6 years Any offense All substances Up to $250,000 Not less than 15 years Any offense All substances Up to $250,000 life If such ammunition is used for manslaughter If such ammunition is used for manslaughter 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)) 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)) ŠŒ”ŽŽŽ›’—ȱ 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 Compensated crime of Up to $250,000 Up to 20 years or life if the maximum for the predicate is life violence in aid of RICO (18 U.S.C. 1959) Any offense involving any substance and the following criminal act: Murder Kidnapping Maiming Serious injury Threats Attempt or conspiracy to murder or kidnap Attempt or conspiracy to maim or commit a serious assault ˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ Up to $250,000 Up to $250,000 Up to $250,000 Up to $250,000 Up to $250,000 Up to $250,000 Up to $250,000 life Up to life in prison Up to 30 years Up to 20 years Up to 5 years Up to 10 years Up to 3 years ŗŗȱ ›žȱŽ—œŽœȱ ȱ –ž•’—ȱ Smuggling Goods into the United States (18 U.S.C. 545) Any offense All substances Up to $250,000 Up to 20 years Any offense All substances Up to $250,000 Up to 2 years Smuggling Goods into Foreign Countries (18 U.S.C. 546) 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 Šž—Ž›’—ȱ˜—Ž¢ȱ›˜–ȱ˜—›˜••Žȱž‹œŠ—ŒŽȱ’˜•Š’˜—œȱ Laundering (18 U.S.C. 1956) Any offense All substances Monetary traffic in property derived from 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 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 nd 2 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 Investment o Up to 5 years f illicit drug profits (21 U.S.C. 854, 855) Any offense All substances ˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ Up to the greater of 2X profit/proceeds or $50,000 Up to 10 years ŗŘȱ ›žȱŽ—œŽœȱ ȱ Š¡ȱŽ—œŽœȱ 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 Any offense All substances Up to $250,000 Up to 5 years Any offense All substances Up to $250,000 Up to 3 years Willful failure to file return [concerning income for such violations] (26 U.S.C. 7203) Fraud and false statements [concerning income from such violations] (26 U.S.C. 7206) ž‘˜›ȱ˜—ŠŒȱ —˜›–Š’˜—ȱ Charles Doyle Senior Specialist in American Public Law cdoyle@crs.loc.gov, 7-6968 ˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ Brian T. Yeh Legislative Attorney byeh@crs.loc.gov, 7-5182 ŗřȱ