Drug and Crime Prevention
DESCRIPTION OF APPLICABLE LEGAL SANCTIONS UNDER FEDERAL, STATE OR LOCAL LAW FOR UNLAWFUL POSSESSION OR DISTRIBUTION OF ILLICIT DRUGS AND ALCOHOL
The information on the following pages summarizes selected provisions of federal, state and local laws that provide criminal and civil penalties for unlawful possession or distribution of drugs and alcohol.
FEDERAL PENALTIES AND SANCTIONS FOR ILLEGAL POSSESSION OF CONTROLLED SUBSTANCES
21 U.S.C. § 844(a)
1st Conviction: Up to 1 year imprisonment and fine of at least $1,000 or both.
After 1 prior drug conviction: At least 15 days in prison, not to exceed 2 years and fine of at least $2,500.
After 2 or more prior drug convictions: At least 90 days in prison, not to exceed 3 years and fine of at least $5,000.
Special sentencing provisions for possession of crack cocaine: Mandatory minimum 5 years in prison, maximum 20 years and a minimum fine of $1,000, if:
(a) 1st conviction and the amount of crack possessed exceeds 5 grams.
(b) 2nd crack conviction and the amount of crack possessed exceeds 3 grams.
(c) 3rd or subsequent crack conviction and the amount of crack possessed exceeds 1 gram.
21 U.S.C. §§ 853(a)(2) and 881 (a)(7)
Forfeiture of personal and real property used to possess or to facilitate possession of a controlled substance if that offense is punishable by more than 1 year imprisonment. (See special sentencing provisions re: crack.)
21 U.S.C. § 881(a)(4)
Forfeiture of vehicles, boats, aircraft or any other conveyance used to transport or in any manner to facilitate the sale, receipt, possession, or concealment of controlled substances.
21 U.S.C. § 844a
Civil fine of up to $10,000.
21 U.S.C. § 862
Denial of Federal benefits, such as student loans, grants, contracts and professional and commercial licenses for up to five years for 1st conviction; ten years for 2nd conviction; and permanently ineligible for 3rd or subsequent conviction.
Does not include any retirement, welfare, Social Security, health, disability, Veterans benefit, public housing, or other similar benefit.
18 U.S.C. § 922(g)
Ineligible to ship, transport, or possess any firearm or ammunition, or to receive any firearm or ammunition that has been shipped or transported.
Revocation of certain Federal licenses and benefits, e.g. pilot licenses, public housing tenancy, etc., are vested within the authorities of individual Federal agencies.
Note: These are only Federal penalties and sanctions. Additional State penalties and sanctions may apply.
Chart 1 summarizes trafficking penalties under federal law for various types of drugs. This information is published by the United States Drug Enforcement Administration and is available online at www.usdoj.gov/dea/agency/penalties.htm.