Cocaine laws
Information on the law about Cocaine
State | Code Section | Possession | Sale | Trafficking |
ALABAMA | 20-2-1.; 13A-12-210 to 215, 231 (2) | Class C felony |
28-500 g.: mandatory 3 yrs. and $50,000; 500 g. to 1 kg.: mandatory 5 yrs. and $100,000; 1-10 kg.: mandatory 15 yrs. and $250,000; Over 10 kg.: mandatory life without parole; Sale to minor: Class A felony; Subsequent offense: offenses subject to the Habitual Felony Offender Act; Unlawful distribution of controlled substance: Class B felony |
Class A felony; 28-500 g.: minimum 3 yrs. and $50,000 fine; 500 g. -1 kilo: min. 5 yrs and $100,000 fine; 1-10 kilos: min. 15 yrs. and $250,000 fine; Over 10 kilos: life without parole |
ALASKA | 11.71.010, et seq. | Possessing any amount: Class C felony |
Delivering to one under 19 and at least 3 yrs. younger: unclassified felony; Manufactures or delivers any amount: Class B felony |
"Continuing criminal enterprise": unclassified felony |
ARIZONA | 13-3401, et seq.; 36-2501, et seq. | Class 4 felony, but for one not previously convicted of felony, court can make it Class 1 misdemeanor; Fine of not less than $2000 or 3 times the value of substance, whichever is greater | Class 3 felony; Fine of greater of 3 times value of drugs or $2000; Selling to minors: Class 2 felony and fine of $2000 or 3 times value, whatever is greater. In drug-free school zone: add 1 yr. to sentence and fine for selling to minors | Class 2 felony (transport/import); Class 2 felony (manufacture) |
ARKANSAS | 5-64-401, et seq. | Class C felony |
Class Y felony: depending on amount, prison from 10 to 40 yrs. or life and fines between $25,000 and $250,000; Subsequent offense: double penalties; increased penalties within 1000 ft. of school |
1 g. of cocaine in possession creates a rebuttable presumption of intent to deliver |
State | Code Section | Possession | Sale | Trafficking |
CALIFORNIA | Health & Safety §11000, et seq. §11350, et seq. | State prison and fine up to $70; if probation granted, there are additional requirements |
State prison 2-4 yrs.; Possession for sale of "cocaine base": state prison 3-5 yrs.; Sale to minors: state prison 3, 5, or 7 yrs.; Sale to day care, preschool, or school children: 5, 7, or 9 yrs.; Anyone over 18 who sells to a minor or uses a minor in the sale process is punishable in state prison for 3, 6, or 9 yrs.; Sale within 1000 ft. of school: additional 3, 4, or 5 yrs.; If sale occurred upon the grounds of a child day care, school, church, synagogue, or youth center, punishment is automatically enhanced by one year; Anyone over 18 yrs who sells to a minor at least 4 years younger as a full and separate enhancement shall be punished by imprisonment in state prison for 3, 4 or 5 yrs. Sale on many public areas punishable by state prison for 5, 7, or 9 yrs. if seller 5 yrs. older than minor |
Transport/import 3-5 yrs.; County to noncontiguous county: 3, 6, or 9 yrs. |
COLORADO | 18-18-101, et seq. 18-18-405 |
Class 4 felony; Subsequent Offense: twice or more within 6 months and amount greater than 28.5 g.: Defendant shall be sentenced to the Dept. of Corrections for at least the minimum and fined no less than $1000 but not over $500,000 with no probation or suspension |
Class 3 felony; Sale to minor within 1000 ft. of school or public property-Dept. of Corrections for minimum 5 yrs.; Subsequent offense near school: 20 yrs. |
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CONNECTICUT | 21a 240; 243, 278 |
7 yrs. and/or $50,000; Subsequent offense: 15 yrs. and/or $100,000; Third offense: 25 yrs. and/or $250,000 |
15 yrs. and/or $50,000; 1 oz. (or ½ g. in free-base form) or more: 5-20 yrs. minimum, to life maximum (by a non-drug dependent person); Subsequent offense: 10-25 yrs.; Within 1000 ft. of school: additional mandatory 3 yrs.; court may suspend mandatory minimum sentence if person is under 18 or lacks mental capacity |
State | Code Section | Possession | Sale | Trafficking |
DELAWARE | Tit. 16 §4701, et seq. 4751, 4753A | Possession, use, consumption: Class A misdemeanor. If applicable, can be subject to First Offenders Controlled Substances Diversion Program (§4764) |
Class C felony: $5,000-$50,000; If not addicted: felony, mandatory 6 yrs.; To a minor: Class C felony; if under 16, mandatory 1 yr. prison; On school property: up to 15 yrs. and $250,000; Subsequent offense: if not addicted: mandatory 12 yrs.; Where death as a result involved: Class B felony-$10,000-$100,000 fine; If person knowingly purchases from a minor: Class C felony; (More severe penalties if near school §4767-68); If the seller is under the age of 16 there is a mandatory sentence of 1 year. not subject to suspension/probation/pardon; If seller is under the age of 14 mandatory sentence of 2 years |
If on any single occasion one has: 10 grams or more: class B felony; 10-50 g.: 2 yrs. minimum and $50,000; 50-100 g.: 4 yrs. minimum and $100,000; More than 100 g.: 8 yrs. minimum and $400,000 |
DISTRICT OF COLUMBIA | 48-901.02 et seq., 48-904.01 et seq. |
Possession: up to 30 yrs.,up to $500,000; Subsequent offense: double penalties |
Sale, manufacture, distribute: not over 30 yrs. and/or $500,000; Subsequent offense: double penalties; Within drug-free zone or to minors: up to twice the punishment. |
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FLORIDA | 775.082 to .084; 893.01, et seq. | 3rd degree felony; Possession of 28 g. is trafficking (1st degree felony) | 2nd degree felony (penalties more severe near school) |
All sentencing is to be done pursuant to sentencing guidelines: 28-200 g.: $50,000 and 3 yrs.; 200-400 g.: $100,000 and 7 yrs.; 400 g.-150 kg.: 15 yrs. and $250,000; Over 150 kg.: 1st degree felony with life imprisonment |
GEORGIA | 16-13-20, et seq. | Over 28 g. is trafficking; Possession of any amount is a felony punishable with minimum 2-15 yrs.; Subsequent offense: minimum 5-30 yrs. | Felony: 5-30 yrs.; Subsequent offense: mandatory life | 28-200 g.: mandatory 10 yrs. and $200,000; 200-400 g.: mandatory 15 yrs. and $300,000; Over 400 g.: mandatory 25 yrs. and $1,000,000 |
HAWAII | 329-14, et seq.; 712-1240, et seq. | 1/8-1 oz.: Class B felony; 1 oz. or more: Class A felony; Subsequent offense: Class A or B felony based on quantity | Any amount: Class B felony; 1/8 oz. or more, or any amount to a minor: Class A felony |
State | Code Section | Possession | Sale | Trafficking |
IDAHO | 37-2701, et seq. |
Felony, up to 7 yrs. and/or $15,000; Subsequent offense: double penalties; Possession of 28 g. or more is trafficking |
Felony, up to life and $25,000; Subsequent offense: double penalties |
28-200 g.: Mandatory 3 yrs. and minimum $10,000; 200-400 g.: Mandatory 5 yrs. and minimum $15,000; Over 400 g.: mandatory 10 yrs. and minimum $25,000; Maximum sentence life; maximum fine $100,000 |
ILLINOIS | 720 ILCS 570/200, et seq.; Uniform Controlled Substances Act |
1-15 g.: Class 1 felony, $250,000 15-100 g.: Class 1 felony, mandatory 4-15 yrs.; 100-400 g.: mandatory 6-30 yrs.; 400-900 g.: mandatory 8-40 yrs.; Over 900 g.: mandatory 10-50 yrs.; Fines for any offense involving 100 g. or more: greater of $200,000 or street value |
15-100 g.: 6-30 yrs.; 100-400 g.: 9-40 yrs.; 400-900 g.: 12-50 yrs.; Over 900 g.: 15-60 yrs.; Sale to minors: double penalties; Within 1000 ft. of truck stop or safety rest: double penalties; Within 1000 ft. of school: Class Y felony |
Trafficking: double penalties |
INDIANA | 35-48-2-1 et seq.; 35-48-4-1, et seq. |
Possession of any amount: at least Class D felony Under 3 g. but within 1000 feet of school property: Class B felony; Over 3 g.: Class C felony; Possession of 3 g. or more within 1000 feet of school property: Class A felony |
Class B felony unless amount is over 3 grams or delivery to minor 3 yrs. younger or delivery on/in school property or within 1000 feet of property or on school bus, then Class A felony |
State | Code Section | Possession | Sale | Trafficking |
IOWA | 124.101, et seq. |
500 g. or less: Class C felony, $1000 to $50,000 500g. to 5 kg.: Class B felony, $5000 to $100,000 Over 5 kg.: Class B felony, up to 50 yrs. and $1,000,000 Subsequent offense: triple penalties; More severe penalties for distribution to minors or person 3 yrs. younger; An adult who distributes to a minor: Class B felony, min. confinement 5 yrs. within 1,000 ft. of public/private school grounds, or recreational area, on a school bus, min. confinement 10 yrs. |
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KANSAS | 65-4101, et seq. |
Level 4 felony; Subsequent offense: Level 2 felony; Third offense: Level 1 felony and life in prison |
Level 3 felony; Subsequent offense: Level 2 felony; Third offense: Level 1 felony and life in prison; Sell within 1000 ft. of school or to minors: Level 2 felony |
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KENTUCKY | 218A.010, et seq. |
Class D felony Subsequent offense: Class C felony |
Class C felony; Subsequent offense: Class B felony; Selling to minor: Class C felony 1st offense, Class B felony subsequent offenses. |
First offense: Class C felony; Subsequent offense: Class B felony; Within 1000 yds. of school: higher penalties |
LOUISIANA | §§40:961, et seq. |
Under 28 g.: 5 yrs. with or without hard labor and $5,000; 28-200 g.: 10-60 yrs. hard labor and $50,000 to $150,000; 200-400 g.: 20-60 yrs. hard labor and $100,000 to $350,000; Over 400 g.: 30-60 yrs. hard labor and $250,000 to $600,000 |
5-30 yrs. hard labor and/or up to $50,000; Sale to minors by persons over 25: life imprisonment; Sale to minors by those at least 3 yrs. his junior: double penalties |
Production or manufacturing cocaine base: 40-99 yrs. hard labor without parole or suspension and up to $500,000 fine |
MAINE | Tit. 17A §§1101, et seq. |
Class D crime; Over 14 g.: Class B crime and creates presumption of trafficking |
Class B crime; 7 g. or more creates presumption of furnishing; Sale to minor or within 1000 ft. of school: more serious penalties |
Possession of 14 g. or more is trafficking |
State | Code Section | Possession | Sale | Trafficking |
MARYLAND | Art. 27 §§276, et seq. |
Misdemeanor with penalty of up to 4 yrs. and/or $25,000; Bringing 28 g. into state: felony with penalty of up to $50,000 and/or 25 yrs.; Subsequent offense: double penalties |
Felony with penalty of 20 yrs. and/or $25,000; Sale of more than 448 g. or 50 g. of crack: not less than 40 yrs.; Subsequent offense: double penalties; 2 yrs. mandatory, not less than 10 yr. sentence; Third offense: not less than 40 yrs. Sale to minors or near school property: stricter penalties |
If "drug kingpin" 20-40 yrs. and/or $1,000,000 fine |
MASSACHUSETTS | Ch. 94c §§1, et seq. |
1 yr. and/or $1,000 Subsequent offense: 2 yrs. and/or $2000; Over 14 g. is trafficking |
2½-10 yrs. and/or $1000 to $10,000; Subsequent offense: 5-15 yrs. and/or $2500 to $25,000 |
14-28 g.: 3-15 yrs. and/or $2500 to $25,000; 28-100 g.: 5-20 yrs. and/or $5000 to $50,000; 100-200 g.: 10-20 yrs. and/or $10,000 to $100,000; Over 200 g.: 15-20 yrs. and/or $50,000 to $500,000 |
MICHIGAN | 333.7214; 333.7401, et seq. |
Under 25 g.: Up to 4 yrs. and/or $25,000; 25-50 g.: 1-4 yrs. and/or up to $25,000 or probation for life; 50-225 g.: 10-20 yrs.; 225-650 g.: 20-30 yrs.; Over 650 g.: 25 yrs.–life imprisonment |
Felony: Under 50 g.: 1-20 yrs. and/or $25,000 or probation for life; 50-225 g.: 10-20 yrs.; 225-650 g.: 20-30 yrs.; Over 650 g.: 20 yrs.–life imprisonment; Sale to minor or near school property: up to double penalties |
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MINNESOTA | 152.01, et seq. |
Any possession: 15 yrs. and/or $100,000; 3-6 g.:up to 20 yrs. and/or $250,000; 6-25 g.: up to 25 yrs. and/or $500,000; Over 25 g.: up to 30 yrs. and/or $1,000,000; Subsequent offense: depends on level of prior offenses, 4-40 yrs. and/or up to $1,000,000 |
Any amount: up to 20 yrs. and/or $250,000; 3-10 g.: up to 25 yrs. and/or $500,000; Over 10 g.: up to 30 yrs. and/or $1,000,000; Subsequent offense: depends on level of prior offense, 4-40 yrs. and/or up to $1,000,000; Sale to minor -any amount: up to 25 yrs. and/or $500,000 |
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MISSISSIPPI | 41-29-101, et seq.; 49-29-139 | <0.1 gram: misdemeanor or felony; 0.1–2 g.: 2–8 yrs. and up to $50,000; 2–10 g.: 4–16 yrs. and up to $250,000; 10–30 g.: 6–24 yrs. and up to $500,000; >30 g.: 10–30 yrs. and up to $1 million |
No specified term up to 30 yrs. and/or $5000 to $1,000,000 Subsequent offense: double penalty; Mandatory 30 yrs. without parole for 3 or more offenses within 12 month period |
Any one over 21 who sells 2 or more oz. of cocaine in a 12 month period shall have life in prison without suspension or parole |
State | Code Section | Possession | Sale | Trafficking |
MISSOURI | 195.010, et seq. |
Class C felony; Subsequent offense: subject to prior & persistent offenders statute §195.295 |
Class B felony; Subsequent offense: subject to prior & persistent offenders statute §195.295; Distribution to minor under 17 or 2 yrs. junior: Class B felony; Within 2000 ft. of school: Class A felony |
Trafficking drugs in 1st degree; Delivery associated/attempt to deliver: 150-450 g.: Class A felony: More than 450 g.: Class A felony term without parole; 2-6 g: cocaine base (crack): Class A felony; Over 6 g.: Class A felony, term without parole; Trafficking in 2nd degree: Buying/attempting to buy: 150-450 g.: Class B felony; More than 450 g.: Class A felony; 2-6 g. cocaine base (crack): Class B felony; Over 6 g.: Class A felony |
MONTANA | 45-9-101, et seq.; 50-32-101, et seq. |
Up to 5 yrs. and/or $50,000; Criminal possession with intent to sell: up to 20 yrs. and/or $50,000 |
Two yrs. to life and/or $50,000 (4 yrs. if sale to minor); Subsequent offense: 10 yrs. to life and/or $50,000 (20 yrs. if sale to minor); Third offense: not less than 20 yrs. and/or $50,000 (40 yrs. if sale to minor); Offense of criminal sale of dangerous drugs on or near school property: 3 yrs. to life and/or $50,000 |
Criminal production/manufacture: 5 yrs. to life and/or $50,000; Subsequent offense: 20 yrs. to life and/or $50,000; Third offense: 40 yrs. to life and/or $50,000 |
NEBRASKA | 28-401, et seq. | Class IV felony |
10-28 g.: Class 1 D felony; 28-140 g.: Class 1C felony; Over 140 g.: Class 1B felony (Crack or cocaine); Class III felony anyone 18 or older who knowingly sells to a minor in, on, or within 1,000 ft. of the real property of a private/public school. From elementary through university or youth centers: Shall be punished by the next higher penalty classification greater than Class B felony |
State | Code Section | Possession | Sale | Trafficking |
NEVADA | 453.011; NAC 453.510 |
1-6 yrs. and $5000; Subsequent offense: 1-10 yrs. and $10,000; Third offense: 1-20 yrs. and $20,000 |
1-20 yrs. and $20,000; Subsequent offense: 5-20 yrs. and $20,000; Third offense: life or 15 yrs. mandatory and $20,000 |
4-14 g.: 1-6 yrs. and $50,000; 14-28 g.: 2-15 yrs. and $100,000; Over 28 g.: 25-life and $500,000; Double penalties for sale near school |
NEW HAMPSHIRE | 318-B:1, et seq. |
Class B felony with fine up to $25,000; Subsequent offense: Class A felony with fine up to $50,000 |
Under .5 oz. (less than 1 oz. of crack): up to 7 yrs. and/or $100,000; .5 to 5 oz. (1 oz.-5 oz. of crack): up to 20 yrs. and/or $300,000; 5 oz. and over: up to 30 yrs. and/or $500,000; Subsequent offense: Under .5 oz. (less than 1 oz. of crack): up to 15 yrs. and/or $200,000; .5 to 5 oz. (1 oz. -5 oz. of crack): up to 40 yrs. and/or $500,000; 5 oz. and over: maximum life and/or $500,000 |
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NEW JERSEY | 24:21-1, et seq.; 2C:35-2, et seq. | Crime of 3rd degree, $35,000 |
.5 oz. or less: crime of 3rd degree, $75,000; .5 oz. to 5 oz.: crime of 2nd degree; Over 5 oz.: crime of 1st degree, fixed prison term and $300,000; Selling within 1000 feet of school: fixed prison term and up to $100,000; Selling to minor or pregnant female: double penalties |
Leader of narcotics trafficking network: life (25 yr. minimum before parole) and/or $500,000 |
NEW MEXICO | 30-31-1, et seq. | 4th degree felony |
2nd degree felony; Subsequent offense: 1st degree felony; Within drug-free school zone: 1st degree felony |
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NEW YORK |
Penal §§220, et seq.; Pub. Health §§3306, 3307 |
Knowingly possessing: Any amount: Class A misdemeanor; Criminal possession in the fifth (5th) degree Over 500 mg.: Class D felony; Over ⅛ oz.: Class C felony; Over ½ oz.: Class B felony; Over 2 oz.: Class A-II felony; Over 4 oz.: class A-I felony; Any amount with intent to sell: Class D felony; Any amount of narcotic drug with intent to sell: Class B felony |
Class D felony in general, then: Over ½ oz.: Class A-II felony; Over 2 oz.: Class A-I felony; On school grounds or narcotic preparation to someone under 21: Class B felony |
State | Code Section | Possession | Sale | Trafficking |
NORTH CAROLINA | 90-86, et seq. | Class I felony |
Class G felony; Selling of controlled substance to person under 16 or pregnant female or within 300 ft. of school property: Class E felony |
28-200 g.: Class G felony, 35-42 mos. and $50,000; 200-400 g.: Class F felony, 70-84 mos. and $100,000; 400 g. and over: Class D felony, 175-219 mos. and $250,000 |
NORTH DAKOTA | 19-03.1-01, et seq. |
Class C felony; Within 1000 ft. of school: Class B felony |
Class A felony: at least 1 yr.; 2nd offense: at least 5 yrs.; 3rd offense: 20 yrs.; If over 500 g. of cocaine or over 5 g. of crack: Class B felony; Sale within 1000 ft. of school or to a minor: at least 4 yrs.; Selling to a minor by an 18 year old; Subsequent offense: 8 yrs |
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OHIO |
2925.01, et seq.; 3719.01, et seq. |
5th degree felony; 5-25 g.: 4th degree felony; 25-100 g.: 3rd degree felony; 100-500 g.: 2nd degree felony; 500-1000 g.: 1st degree felony; over 1000 g.: 1st degree felony with mandatory maximum prison term |
5th degree felony; 5-10 g.: 4th degree felony 10-100 g.: 3rd degree felony; 100-500 g.: 2nd degree felony; 500-1000 g.: 1st degree felony; over 1000 g.: 1st degree felony with mandatory maximum prison term; Within 1000 ft. of school or 100 ft. of juvenile: more severe penalties |
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OKLAHOMA | Tit. 63 §§2-101, et seq. |
Felony, 2-10 yrs.; Subsequent offense: felony, 4-20 yrs.; Within 1000 ft. of school or in presence of child under 12: up to double penalties; Subsequent offense: up to triple penalties |
Felony, 5 yrs.-life, up to $100,000; Subsequent offense: double penalties with at least 10 yrs; Within 1000 ft. of school or in presence of child under 12: up to double penalties; Subsequent offense: up to triple penalties |
28-300 g.: $25,000-100,000 and prison term; 300 g. or more: $100,000-500,000 and prison term |
OREGON | Chapter 475 | Class B or C felony |
8-10 g.: Commercial drug offense if over $300 cash, firearm or packaging materials; stolen property; using public lands or customer lists; Over 10 g.: Category 6 crime |
Class A or B felony; Delivery and manufacture of over 10 g.: Category 8 crime |
PENNSYLVANIA | Tit. 35 §§780-101, et seq. |
Misdemeanor, 1 yr. and/or $5000; Subsequent offense: 3 yrs. and/or $25,000 |
Felony, 15 yrs. and/or $250,00 or higher fine if necessary to recover drug profit; Subsequent offense or sale to minor: double penalties |
State | Code Section | Possession | Sale | Trafficking |
RHODE ISLAND | 21-28-4.01, et seq. |
Nolo contendere pleas: 100 hrs. community service and drug education program; Up to 1 oz.: 3 yrs. and/or $500 to $5000; 1 oz.-1 kg.: 10-50 yrs. and/or $10,000-$50,000; Over 1 kg.: 20 yrs. to life and $25,000 to $1,000,000 |
Person not drug dependent: life and/or $10,000 to $500,000; Drug dependent: 30 yrs. and or $3000 to $100,000; 1 kg.: minimum 10-50 yrs. and/or $10,000 to $500,000; Over 1 kg.: 20 yrs.-life and/or $25,000-$1,000,000; Sale to minor or 3 yrs. junior: minimum 15 yrs. and up to $500,000; Within 300 yds. of school: double penalties |
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SOUTH CAROLINA | 44-53-110 |
Misdemeanor, up to 2 yrs. and/or $5000; Possession of 10 g. of cocaine prima facie evidence of violation of intent to sell; Subsequent offense: felony, 5 yrs. and/or $5000; Third offense: felony, 5 yrs. and/or $10,000 For crack: less than 1 g.: felony, 5 yrs. and $5000; 2nd offense: 10 yrs. and $10,000; Subsequent offense: 10-115 yrs. and $15,000; Possession of over 10 grains is prima facie evidence of intent to sell/distribute |
Any amount: felony, up to 15 yrs. and/or $25,000; 10-28 g.: 3-10 yrs. and/or $10,000; 28-200 g.: 7-25 yrs. and/or $50,000; 200-400 g.: 10-25 yrs. and/or $100,000; Over 400 g.: 15-30 yrs. and/or $200,000; Subsequent offense: felony, 5–30 yrs. and/or $50,000; Third offense: 15-30 yrs. and/or $50,000; For crack: felony, up to 15 yrs. and $25,000; 2nd offense: up to 25 yrs. and $50,000; Subsequent offense: up to 30 yrs.and $100,000 Sale to minor: up to 20 yrs. and/or $30,000; Sale within ½-mile radius of school: $10,000 and up to 10 yrs. (10-15 for crack) |
10-28 g.: 3-10 yrs. without probation and $25,000; 2nd offense: 5-30 yrs. and $50,000; Subsequent offense: 25-30 yrs. and $50,000; 28-100 g.: 7-25 yrs. without probation and $50,000; 2nd offense: 7-30 yrs. and $50,000; Subsequent offense: 25-30 yrs. and $50,000; 100-200 g.: mandatory 25 yrs. without probation and $50,000; 200-400 g.: mandatory 25 yrs. without probation and $100,000; 400 g. and over: mandatory 25-30 yrs. without probation and $200,000 |
SOUTH DAKOTA | 22-42-1, et seq. 34-20B-1, et. seq. | Class 4 felony |
Fine up to $10,000 for any conviction: Class 4 felony, mandatory 1 yr. without suspension; Sale to minor: Class 2 felony, mandatory 5 yrs.; Subsequent offense: mandatory 10 yrs. without suspension; To minor: mandatory 15 yrs. without suspension Sale in drug-free zone: Class 4 felony, min. 5 yrs. |
State | Code Section | Possession | Sale | Trafficking |
TENNESSEE | 39-17-401, et seq. |
Possession or casual exchange: Class A misdemeanor unless adult to minor and adult is 2 yrs. the minor's senior, then felony; Subsequent offense: if 2 or more prior convictions: Class E felony; Less than .5 grams is a class C felony, may be fined up to $100,000.; Class B .5 grams or less and at commission of crime, death occurred, defendant concealed a deadly weapon. |
Less than .5 g.: Class C felony and up to 100,000; Over .5 g.: Class B felony and up to $100,000; Over 26 g.: Class B felony and up to $200,000; Over 300 g.: Class A felony and up to $500,000; Sale to minor under 18 or in drug-free school zone: one class higher than amount required; Minimum penalty amounts: 1st drug felony: $2000; 2nd: $2500; 3rd: $3000 |
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TEXAS | Health & Safety §§481.001, et seq. | Less than 1 g.: state jail felony; 1-4 g.: 3rd degree felony; 4-200 g.: 2nd degree felony; 200-400 g.: 1st degree felony; 400 g. and over: 10-99 yrs. or life at Texas Dept. of Criminal Justice institution and/or $100,000 |
Less than 1 g.: state jail felony; 1-4 g.: 2nd degree felony; 4-200 g.: 1st degree felony; 200-400 g.: Texas Dept. of Criminal Justice institution for life or 10-99 yrs. and/or $100,000; 400 g. and over: Texas Dept. of Criminal Justice institution for life or 15-99 yrs. and/or $250,000; Delivery to minor under 17 who is enrolled in school: 2nd degree felony; Within drug-free zone: penalties doubled |
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UTAH | 58-37, et. seq. |
3rd degree felony; Subsequent offense: one degree greater penalty than provided |
2nd degree felony; Subsequent offense: 1st degree felony; Within 1000 ft. of school or to minor: one degree more than provided except 1st degree is mandatory 5 yrs. |
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VERMONT | Tit. 18 §4231 |
Up to 2.5 g.: 1 yr. and/or $2000; 2.5 g. to 1 oz.: up to 5 yrs. and/or $100,000; 1 oz. to 1 lb: up to 10 yrs. and/or $250,000; Subsequent offense: double penalties |
Delivery: 3 yrs. and/or $75,000; Sale: 5 yrs. and/or $100,000; Sale or delivery of: 2.5 g.-1 oz.: 10 yrs. and/or $250,000; Over 1 oz.: 20 yrs. and/or $1,000,000; Subsequent offense: double penalties; Sale to minor or on school grounds: up to 5-10 yrs. and/or $25,000 |
(Permissive Inference) 300 g. or more with intent to sell: up to 30 yrs. and/or $1 million (same applies to 60 g. of crack cocaine) |
State | Code Section | Possession | Sale | Trafficking |
VIRGINIA | 18.2-247; 54.1-3448 | Class 5 felony |
5-40 yrs. and up to $500,000 If defendant proves he gave drug
(1) not for profit; (2) not to an inmate, or (3) not for recipient to become addicted, then Class 5 felony; "Drug kingpin" if over 5 kg.: up to $1,000,000 and 20 yrs. to life with 20 yrs. mandatory; Subsequent offense: at court or jury's discretion, life or not less than 5 yrs. and up to $500,000; Sale to minor or within 1000 ft. of school: stricter penalties |
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WASHINGTON | 69.50.101, et seq. |
Up to 5 yrs. and/or $10,000; Subsequent offense: double penalties |
[Effective July 2004] Class B felony; 1) up to 10 yrs. and/or $25,000 (less than 2 kg.) or 2) $100,000 and $50 for each g. in excess (over 2 kg.) Subsequent offense: up to double penalties; Sale within 1000 ft. of school: double penalties; Sale to minor: Class C felony |
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WEST VIRGINIA | 60A-1-101 to 60A-8-13 |
Misdemeanor, 90 days to 6 months and/or $1000; Subsequent offense: double penalties |
Felony, 1-15 yrs. and/or $25,000; Subsequent offense: double penalties; Sale to minor or within 1000 ft. of school: mandatory 2 yrs. |
Transport into the state with intent to deliver: felony, 1-15 yrs. and/or $25,000 |
WISCONSIN | §961.41 et seq. |
Possession or attempt to possess: 1 yr. and/or up to $5000 in county jail; Subsequent offense: class I felony |
Less than 1 g.: class G felony; 1–5 g.: class F felony; 5–15 g.: class E felony; 15–40 g.: class D felony; over 40 g.: class C felony; Sale within 1000 ft. of school: mandatory 3 yrs. without parole | |
WYOMING | 35-7-1001 to 1057 |
Less than 3 g. of cocaine or less than .5 g. of crack: misdemeanor, up to 1 yr. and/or $1000; Greater than 3 g. of cocaine or .5 g. of crack: felony, 7 yrs. and/or $15,000; Subsequent offense: up to 5 yrs. and/or $5000 or double penalties |
Up to 20 yrs. and/or $25,000; Subsequent offense or sale to minor or within drug-free zone: double penalties |
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