Drug Offenses

Although some may view drug use as a "victimless crime," the government views drug use as a direct contribution to violent crimes. The popularity of drugs lead many people to think of drug crimes as minor offenses. Do not underestimate the seriousness of drug charges. Most states have minimum sentencing guidelines that include prison time for drug possessions, trafficking, distribution and/or manufacturing.

A simple possession of marijuana charge can result in a criminal record making it very difficult to find employment. A conviction to a drug charge can result in a suspension of your driving privileges for up to 2 years.

If the amount of drugs recovered is sufficient, you can even find yourself in prison. Another serious concern if you are facing drug charges is whether the federal government is involved. Drug charges are pursued very seriously at both the state and federal level. Even if the charge is originally handled by your state, it can easily be handed to federal authorities for further prosecution.

James K. Weick, Jr. practices at both the state and federal level. Like most things in life, time is of the essence when dealing with drug charges. With over 15 years of criminal defense experience James K. Weick, Jr. has the experience to effectively represent you in any type of drug charge on both a state and federal level.

James K. Weick, Jr. prides himself on having a boutique law firm where your case can have the personal attention it deserves.

Contact James K Weick, Jr. to schedule an appointment for your FREE case evaluation, (954) 745-5818.

Law Offices of James K Weick
612 SE 5th Avenue, Suite 3
Fort Lauderdale, FL 33301

Federal Drug Trafficking Penalties

DRUG/SCHEDULE	QUANTITY	PENALTIES	QUANTITY	PENALTIES
Cocaine (Schedule II)	500 - 4999 gms mixture	First Offense: Not less than 5 yrs, and not more than 40 yrs. If death or serious injury, not less than 20 or more than life. Fine of not more than $2 million if an individual, $5 million if not an individual Second Offense: Not less than 10 yrs, and not more than life. If death or serious injury, life imprisonment. Fine of not more than $4 million if an individual, $10 million if not an individual	5 kgs or more mixture	First Offense: Not less than 10 yrs, and not more than life. If death or serious injury, not less than 20 or more than life. Fine of not more than $4 million if an individual, $10 million if not an individual Second Offense: Not less than 20 yrs, and not more than life. If death or serious injury, life imprisonment. Fine of not more than $8 million if an individual, $20 million if not an individual 2 or More Prior Offenses: Life imprisonment
Cocaine Base (Schedule II)	5-49 gms mixture		50 gms or more mixture
Fentanyl (Schedule II)	40 - 399 gms mixture		400 gms or more mixture
Fentanyl Analogue (Schedule I)	10 - 99 gms mixture		100 gms or more mixture
Heroin (Schedule I)	100 - 999 gms mixture		1 kg or more mixture
LSD (Schedule I)	1 - 9 gms mixture		10 gms or more mixture
Methamphetamine (Schedule II)	5 - 49 gms pure or 50 - 499 gms mixture		50 gms or more pure or 500 gms or more mixture
PCP (Schedule II)	10 - 99 gms pure or 100 - 999 gms mixture		100 gm or more pure or 1 kg or more mixture

PENALTIES
Other Schedule I & II drugs (and any drug product containing Gamma Hydroxybutyric Acid)	Any amount	First Offense: Not more that 20 yrs. If death or serious injury, not less than 20 yrs, or more than Life. Fine $1 million if an individual, $5 million if not an individual. Second Offense: Not more than 30 yrs. If death or serious injury, not less than life. Fine $2 million if an individual, $10 million if not an individual
Flunitrazepam (Schedule IV)	1 gm or more
Other Schedule III drugs	Any amount	First Offense: Not more than 5 years. Fine not more than $250,000 if an individual, $1 million if not an individual. Second Offense: Not more 10 yrs. Fine not more than $500,000 if an individual, $2 million if not an individual.
Flunitrazepam (Schedule IV)	30 to 999 mgs
All other Schedule IV drugs	Any amount	First Offense: Not more than 3 years. Fine not more than $250,000 if an individual, $1 million if not an individual. Second Offense: Not more than 6 yrs. Fine not more than $500,000 if an individual, $2 million if not an individual.
Flunitrazepam (Schedule IV)	Less than 30 mgs
All Schedule V drugs	Any amount	First Offense: Not more than 1 yr. Fine not more than $100,000 if an individual, $250,000 if not an individual. Second Offense: Not more than 2 yrs. Fine not more than $200,000 if an individual, $500,000 if not an individual.

Federal Trafficking Penalties - Marijuana

DRUG	QUANTITY	1st OFFENSE	2nd OFFENSE
Marijuana	1,000 kg or more mixture; or 1,000 or more plants	Not less than 10 years, not more than life If death or serious injury, not less than 20 years, not more than life Fine not more than $4 million if an individual, $10 million if other than an individual	Not less than 20 years, not more than life If death or serious injury, mandatory life Fine not more than $8 million if an individual, $20 million if other than an individual
Marijuana	100 kg to 999 kg mixture; or 100 to 999 plants	Not less than 5 years, not more than 40 years If death or serous injury, not less than 20 years, not more than life Fine not more than $2 million if an individual, $5 million if other than an individual	Not less than 10 years, not more than life If death or serious injury, mandatory life Fine not more than $4 million if an individual, $10 million if other than an individual
Marijuana	More than 10 kgs hashish; 50 to 99 kg mixturemore than 1 kg of hashish oil; 50 to 99 plants	Not more than 20 years If death or serious injury, not less than 20 years, not more than life Fine $1 million if an individual, $5 million if other than an individual	Not more than 30 years If death or serious injury, mandatory life Fine $2 million if an individual, $10 million if other than individual
Marijuana	1 to 49 plants; less than 50 kg mixture	Not more than 5 years Fine not more than $250,000, $1 million other than individual	Not more than 10 years Fine $500,000 if an individual, $2 million if other than individual
Hashish	10 kg or less
Hashish Oill	1 kg or less

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Drug Offenses

DRUG/SCHEDULE

QUANTITY

PENALTIES

QUANTITY

PENALTIES

PENALTIES

Federal Trafficking Penalties - Marijuana

DRUG

QUANTITY

1st OFFENSE

2nd OFFENSE