Federal Drug Crime Lawyer

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LASNETSKI GIHON LAW
explains Federal Drug Crimes.

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Chapter 21 of the United States Code is known as the Controlled Substances Act.  In this chapter, you will find many of the federal laws relating to controlled substances.  Below, we outline some of the most common laws that we run across in our practice. 

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21 U.S.C. 841 makes it illegal for anyone to knowingly or intentionally

(1)     manufacture, distribute, or dispense or possess with intent to manufacture, distribute or dispense, a controlled substance; or

(2)     create, distribute, or dispense, or possess with intent to distribute or dispense, a counterfeit substance. 

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Penalties are determined by the weight of the controlled substances.  There are 10 year base minimum mandatory sentences for larger amounts and 5 year base minimum mandatory sentences for lower amounts.  The minimum mandatory sentences also increase if you have prior felony drug convictions or if death or serious bodily injury result from the use of the controlled substance.  The potential sentences are as follows:

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10 Year Minimum Mandatory Sentence up to Life

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Heroin (including mixture) - 1 kilo or more
Cocaine (including mixture) - 5 kilos or more
Cocaine Base (including mixture) - 280 grams or more
PCP - 100 grams (or 1 kilo of mixture)
LSD (including mixture) - 10 grams or more
Marijuana (including mixture)  - 1000 kilos or more or 1,000 plants or more
Methamphetamine - 50 grams or more or 500 grams (or more of mixture)

* 20 year minimum mandatory sentence if death or serious bodily injury results from the use of the substance

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Increased Penalties for Prior Convictions

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If there is one prior felony drug conviction, the minimum mandatory increases to 20 years up to life and if death or serious bodily injury results, the minimum mandatory sentence is life in prison.

If there are two or more prior felony drug convictions, the sentence is a mandatory life sentence. 

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Supervised Release

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There is a mandatory minimum 5 year term of supervised release if there is no prior felony drug conviction and a mandatory minimum 10 year term of supervised release if there is one or more prior felony drug convictions. 

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5 Year Minimum Mandatory Sentence up to 40 years

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Heroin (including mixture) - 100 grams or more
Cocaine (including mixture) - 500 grams or more
Cocaine Base (including mixture) - 28 grams or more
PCP - 10 Grams (or 100 grams of mixture)
LSD (including mixture) - 1 grams or more
Marijuana (including mixture)  - 100 kilos or more or 1,00 plants or more
Methamphetamine - 5 Grams or more or 50 Grams (or more of mixture)

* 20 year minimum mandatory sentence if death or serious bodily injury results form the use of the substance

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Increased Penalties for Prior Convictions

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If there is one prior felony drug conviction, the minimum mandatory increases to 10 years up to life and if death or serious bodily injury results, the minimum mandatory sentence is life in prison.

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Supervised Release

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There is a mandatory minimum 4 year term of supervised release if there is no prior felony drug conviction and a mandatory minimum 8 year term of supervised release if there is one or more prior felony drug convictions.

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Up to 10 Years in Prison and at Least 2 Years Supervised Release

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Any Schedule III Drug

* Up to 15 years in prison if death or serious bodily injury results from use of the substance.

* Up to 20 years if prior felony drug conviction.

* Up to 30 years if prior felony drug conviction and death or serious bodily injury results from the use of the substance. 

* At least 4 years supervised release if prior felony drug conviction.

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Up to 5 Years in Prison and at Least 2 Years Supervised Release

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Marijuana - 50 grams
Hashish - 10 kilos
Hashish Oil - 1 kilo

* Up to 10 years in prison followed by at least 4 years of supervised release, if prior felony drug conviction