Cocaine, one of the world's most popular narcotics, is an alkaloid derived from the Coca plant, which grows in the South American Andes. Cocaine has a stimulant effect when snorted or inhaled, and is known by a variety of street names, including coke, blow, yoyo, and crack. Cocaine was lawful for recreational use until it was prohibited by federal law in 1922. Its usage in medical settings is uncommon and severely regulated.
Cocaine is classified as a schedule II substance under the federal Controlled Substances Act (21 U.S.C. 841), which means it has a high potential for misuse and addiction while also having some medical applications under stringent conditions. Cocaine base, on the other hand, is classified as a schedule I drug with no recognized medical applications. Although there is some legal debate over the specific definition of "cocaine base," in the context of federal prosecutions, the term refers to crack cocaine.
The Federal Penalties for Cocaine Possession
The great majority of cocaine possession prosecutions are brought under state law, although it is not unheard of for federal officials to charge someone with cocaine possession. The Controlled Substances Act specifies the penalties for cocaine possession, which include the following:
For first-time offenders, the penalty may include up to a year in prison and a fine ranging from $1,000 to $100,000.
• A second offence will result in a term of 15 days to 2 years in prison and/or a fine of $2,500 to $250,000.
• A third conviction will result in a prison sentence ranging from 90 days to three years, as well as fines ranging from $5,000 to $250,000.
Under federal law, there are unique penalties for crack cocaine possession, which include prison sentences ranging from 5 to 20 years and/or fines of up to $250,000 when:
• The first offender has over more than 5 grams
• and the second offender has more than 3 grams
• A third offender possesses more than 1 grams of marijuana.
When accused with drug trafficking, people usually face federal narcotics charges.
• Between 5 and 40 years in jail for a first offence for trafficking 500 to 4,999 grams of cocaine combination or 28 to 279 grams of crack cocaine. Individuals might face fines of up to $5 million, while organizations could face fines of up to $25 million. When there is evidence that trafficking actions resulted in significant injuries or death, the prison sentence is increased to 20 years to life.
• Second-time offenders may face a sentence of 10 years to life in prison. Fines may reach $8 million for individuals acting alone and $50 million for organizations. People convicted of trafficking acts that resulted in the death or serious injury face an automatic life sentence.
When 5,000 grams or more of cocaine or more than 280 grams of crack are involved, the punishments are as follows:
• First-time offenders face sentences ranging from 10 years to life in prison, with the minimum punishment increasing to 20 years in cases involving death or serious injury. Fines for individuals acting alone may exceed $10 million, while fines for organizations may reach $50 million.
• Second-time offenders will face penalties ranging from 20 years to life in prison, with a mandatory life sentence if the case involves death or serious harm. Individuals might face fines of up to $20 million, while organizations could face fines of up to $75 million. In addition to the above-mentioned penalties and prison sentences, authorities have the authority to seize any property, such as land or automobiles that was allegedly involved in trafficking crimes.
For more clarification regarding your certain case, you can consult with an expert Drug Crime Attorney in Pasadena, CA for a free and confidential consultation to learn more about how they can defend your case.
