Other Free Encyclopedias » Law Library - American Law and Legal Information » State Laws and Statutes

Heroin laws - Information on the law about Heroin

yrs felony class offense

Table 11b: Illegal Drugs: Heroin

State Code Section Possession Sale Trafficking
ALABAMA 20-2-1; 20-2-23(2)(j); 13A-12-210 to 215, 231(3) Class C felony 4-14 g.: mandatory 3 yrs. and $50,000;
14-28 g.: 10 yrs. and $100,000;
28-56 g.: 25 yrs. and $500,000;
56 g. or more: life without parole;
Sale to minor: Class A felony;
Unlawful distribution of controlled substance: Class B felony;
Subsequent offense: subject to Habitual Felony Offender Act
Class A felony: 4-14 g.: minimum 3 yrs. and $50,000 fine;
14-28 g.: minimum 10 yrs. and $100,000 fine; 28-56 g.: minimum 25 yrs. and $500,000 fine;
Over 56 g.: life without parole
ALASKA 11.71.010, et seq. Possession of any amount: Class C felony Sale to anyone under 19 at least 3 yrs. younger than seller: unclassified felony;
Sale of heroin in general: Class A felony
Participation in "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 $1000 or 3 times the value of substance, whichever is greater Class 3 felony and fine of greater of 3 times value of drugs or $1000;
Sale to minor: Class 2 felony and $2000 fine or 3 times value, whichever 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 5-64-101, et seq. Class C felony Class Y felony; Depending on amount, prison from 10-40 yrs. or life and fines between $25,000 and $250,000;
Increased penalty within 1000 ft. of school
Rebuttable presumption of intent to deliver if person has 100 mg. or more

Table 11b: Illegal Drugs: Heroin—Continued

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/purchasing for sale: 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; if seller is over 18 and buyer is a minor at least four years younger, then punishment is enhanced by one, two, or three years at the discretion of the court. Sale on many public areas punishable by state prison for 5, 7, or 9 yrs. if seller is 5 yrs. older than minor; in addition, maximum fine of $50,000
Transport/import: 3-5 yrs.;
County to noncontiguous county: 3, 6, or 9 yrs.
COLORADO 18-18-101, et seq.; 18-18-405 Class 3 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 on public property: Dept. of Corrections for minimum 5 yrs.;
Subsequent offense near school: 20 yrs.
 
CONNECTICUT 21a-240, 243, 278, et seq. 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 more: 5-20 yrs. minimum to life maximum (by a non-drug dependent person);
Subsequent offense: 10-25 yrs.;
Within 1500 ft. of school: additional mandatory 5 yrs.; court may suspend mandatory minimum sentence if person is under 18 or lacks mental capacity
 

Table 11b: Illegal Drugs: Heroin—Continued

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: $5000-$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 6 yrs.;
otherwise 12 yrs.;
Where death involved as a result: Class B felony, $10,000-$100,000 fine;
If seller is under 16 mandatory sentence of 1 year. no parole, probation, or suspension;
If seller is under 14 mandatory sentence of 2 yrs.;
More severe penalties if near school §4767-68;
Knowingly purchasing from a minor, Class C felony
If on any occasion, one knowingly sells, delivers, brings: 2.5 g. or more: class B felony;
2.5-10 g.: minimum 2 yrs. and $75,000;
10-50 g.: minimum 10 yrs. and $150,000;
50 g. and over: minimum 25 yrs. and $750,000
DISTRICT OF COLUMBIA 48-901.02 et seq.; 48-904.01 et seq. Possess: crime with up to 30 yrs. and/or up to $500,000;
Subsequent offense: double penalties
Sale, manufacture, distribution: crime with up to 30 yrs. and/or $500,000;
Subsequent offense: double penalties;
Within drug-free zone or sale to minors: up to twice the punishment
 
FLORIDA 775.082, et seq.; 893.01, et seq. 3rd degree felony;
Possession of 4 g. is trafficking (1st degree felony)
2nd degree felony;
Sales of over 10 g.: 1st degree felony (penalties more severe near school)
All sentencing to be done pursuant to sentencing guidelines: 4-14 g.: $50,000 and 3 yrs.;
14-28 g.: $100,000 and 15 yrs.;
28 g.-30 kg.: 25 yrs. and $500,000;
Over 30 kg.: 1st degree felony, life imprisonment
GEORGIA 16-13-20, et seq. 4 g. or more 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: life imprisonment
4-14 g.: mandatory 5 yrs. and $50,000;
14-28 g.: mandatory 10 yrs. and $100,000;
Over 28 g.: mandatory 25 yrs. and $500,000
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
 

Table 11b: Illegal Drugs: Heroin—Continued

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 2 g. or more is trafficking
Felony, up to life and $25,000;
Subsequent offense: double penalties
2-7 g.: mandatory 3 yrs. and minimum $10,000;
7-28 g.: mandatory 10 yrs. and minimum $15,000;
28 g. and over: mandatory 15 yrs. and minimum $25,000;
Maximum sentence is $100,000 and life;
Second trafficking conviction: double penalties
ILLINOIS 720 ILCS 570/200, et seq.;
Uniform Controlled Substances Act
10-15 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.;
Within 1000 ft. of truck stop or safety rest: double penalties;
Within 1000 ft. of school: Class X felony
Trafficking: double penalties
INDIANA 35-48-4-1, et seq.;
35-48-21, 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 g. or delivery to a minor 3 yrs. younger or delivery in/on school property or within 1000 ft. of school property or on school bus, then Class A felony  

Table 11b: Illegal Drugs: Heroin—Continued

State Code Section Possession Sale Trafficking
IOWA 124.101, et seq.   Less than 100 g.: Class C felony, $1000 to $50,000;
100g. to 1 kg.: Class B felony, $5000 to $100,000;
Over 1 kg.: Class B felony, up to 50 yrs. and $1,000,000;
Subsequent offense: triple penalties;
More severe penalties for distribution to minors or 3 yrs. younger;
An adult distributing to a minor: Class B felony, min. confinement of five ("5") years, if within 1,000 ft. of public/private school property or recreation area, school bus, min. confinement of 10 yrs.
 
KANSAS 65-4101, et seq. Level 4 felony;
Subsequent offense: Level 3 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 minor: Level 2 felony
 
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 subsequent offense
First offense: Class C felony;
Subsequent offense: Class B felony;
Within 1000 yds. of school: higher penalty
LOUISIANA §40:961, et seq. Minimum of 4 yrs. at hard labor up to 10 yrs. without probation or suspension and/or fine to $5000 Life imprisonment at hard labor without probation or suspension and perhaps fine up to $50,000; Sale to minors by those over 25 yrs. old: life imprisonment;
Sale to minor or someone 3 yrs. junior: double penalties
 
MAINE Tit. 17A §§1101, et seq. Class C crime;
2 g. creates presumption of trafficking
Class B crime;
2 g. or more creates presumption of furnishing;
More serious penalties for sale to minor or within 1000 ft. of school
Possession of 2 g. or more is trafficking
MARYLAND Art. 27 §276, et seq. Misdemeanor with penalty of up to 4 yrs. and/or $25,000;
Bringing 4 g. into state: felony with penalty of up to $50,000 and/or up to 25 yrs.;
Subsequent offense: double penalties
Felony with penalty of 20 yrs. and/or $25,000;
Sale of more than 28 g.: not less than 40 yrs.;
Subsequent offense: double penalties, 2 yrs. mandatory, not less than 10 yrs. sentence;
3rd 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

Table 11b: Illegal Drugs: Heroin—Continued

State Code Section Possession Sale Trafficking
MASSACHUSETTS Ch. 94c §1, et seq. 2 yrs. and/or $2000;
Subsequent offense: 2.5-5 yrs. and/or $5000;
Greater than 14 grams is trafficking
2 ½-10 yrs. and/or $1000 to $10,000;
Subsequent offense: 5-15 yrs. and/or $2500 to $25,000;
3rd offense: not less than 40 yrs.;
Sale to minors or near school property: stricter penalties
14-28 g.: 5-20 yrs. and/or $5000 to $50,000;
28-100 g.: 7-20 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 333.7212;
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
 
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 500 g.: Up to 25 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 $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
 
MISSISSIPPI 41-29-101, et seq.; 41-29-139 <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
Anyone over 21 yrs. old who sells 2 oz. or more of heroin in a 12 month period shall have life in prison without suspension or parole

Table 11b: Illegal Drugs: Heroin—Continued

State Code Section Possession Sale Trafficking
MISSOURI 195.010, et seq. Class C felony;
Subsequent offense: subject to prior & persistent offenders §195.295
Class B felony;
Subsequent offense: subject to prior & persistent offenders §195.295;
Distribution to minor under 17 or 2 yrs. junior: Class B felony;
Within 2000 ft. of school: Class A felony
Trafficking in 1st degree: Delivering, attempting to distribute or produce: 30-90 g.: Class A felony;
Over 90 g.: Class A felony, term without parole;
Trafficking in 2nd degree: Possessing, buying, attempting to buy: 30-90 g.: Class B felony;
Over 90 g.: Class A felony
MONTANA 45-9-101, et seq.; 50-32-101, et seq. 2 to 5 yrs. and/or $50,000;
Criminal possession with intent to sell: 2 to 20 yrs. and/or $50,000
2 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;
2nd offense: 20 yrs. to life and/or $50,000;
3rd offense: 40 yrs. to life and/or $50,000
NEBRASKA 28-401, et seq. Class IV felony 28-100 g.: Class 1D felony;
100-500 g.: Class 1C felony;
Over 500 g.: Class 1B felony;
Class felony: anyone 18 yrs. 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 level to university or a youth center shall be punished by the best higher penalty classification greater than class B felony
 
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 yrs. and $500,000;
Double penalties for sale near school

Table 11b: Illegal Drugs: Heroin—Continued

State Code Section Possession Sale Trafficking
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 1 g.: up to 7 yrs. and/or $100,000;
1-5 g.: up to 20 yrs. and/or $300,000;
5 g. and over: up to 30 yrs. and/or $500,000;
Subsequent offense: under 1 g.: Up to 15 yrs. and/or $200,000;
1-5 g.: up to 40 yrs. and/or $500,000;
5 g. and over: maximum life and/or $500,000
 
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
 
NEW YORK Penal §220, et seq.;
Pub. Health §3306-3307
Knowingly possessing any amount: Class A misdemeanor;
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 sale to someone under 21: Class B felony
 
NORTH CAROLINA 90-86, et seq. Class I felony Class G felony;
Sale of controlled substance to person under 16 or to pregnant female or within 300 ft. of school property: Class E felony
4-14 g.: Class F felony, 70-84 mos. and $50,000;
14-28 g.: Class E felony, 90-117 mos. and $100,000;
28 g. and over: Class C felony, 225-279 mos. and $500,000

Table 11b: Illegal Drugs: Heroin—Continued

State Code Section Possession Sale Trafficking
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 100 g.: Class B felony;
Within 1000 ft. of school or to minor or delivery to a minor by an 18 year old: at least 4 yrs.;
Subsequent offense: 8 yrs.
 
OHIO 2925.01, et seq.; 3719.01, et seq. 5th degree felony;
1-5 g.: 4th degree felony;
5-10 g.: 3rd degree felony;
10-50 g.: 2nd degree felony;
50-250 g.: 1st degree felony;
over 250 g.: 1st degree felony with mandatory maximum prison term
5th degree felony;
1-5 g.: 4th degree felony;
5-10 g.: 3rd degree felony;
10-50 g.: 2nd degree felony;
50-250 g.: 1st degree felony;
over 250 g.: 1st degree felony with mandatory maximum prison term;
Within 1000 ft. of school or within 100 ft. of juvenile: more severe penalties
 
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 and 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
10-28 g.: $25,000-50,000 fine and prison term;
over 28 g.: $50,000-500,000 and prison term
OREGON Chapter 475 Class B felony 3-5 g.: Commercial drug offense if greater than $300 cash, firearm, packaging materials, customer list, stolen property, or using public lands;
Over 5 g.: Category 6 crime
Class A felony;
Delivery and manufacture of over 5 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
 
RHODE ISLAND 21-28-4.01, et seq. 3 yrs. and/or $500 to $5000; Nolo contendere plea: 100 hrs. of community service and drug education program; 1 oz.-1 kg.: 10-50 years and/or $10,000-$500,000 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;
Over 1 oz.-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
Within 300 yds. of school: double penalties;
Sale to minor or 3 yrs. junior: minimum 15 yrs. and up to $500,000
 

Table 11b: Illegal Drugs: Heroin—Continued

State Code Section Possession Sale Trafficking
SOUTH CAROLINA 44-53-110, 370 Misdemeanor, up to 2 yrs. and/or $5000;
Subsequent offense: felony, 5 yrs. and/or $5000;
Third offense: felony, 5 yrs. and/or $10,000;
Possession of more than 2 grains of heroin is prima facie evidence of intent to sell/distribute
Any amount: felony, 15 yrs. and/or $25,000;
Subsequent offense: felony, 5-30 yrs. and $50,000;
Third offense: 15-30 yrs. and $50,000;
Sale within ½-mile radius of school: up to 10 yrs. and $10,000; Sale to minor: up to 20 yrs. without parole or suspension and $30,000
Trafficking in illegal drugs: 4-14 g.: 7-25 yrs. without parole or suspension and $50,000;
Subsequent offense: 25 yrs. and $100,000;
14-28 g.: mandatory 25 yrs. without parole or suspension and $200,000;
Over 28 g.: mandatory 25-40 yrs. without parole or suspension and $200,000
SOUTH DAKOTA 22-42-1, et seq.; 34-20B-1, et seq. Class 4 felony Class 4 felony, mandatory 1 yr. without suspension, fine up to $10,000 for any conviction: Sale to minor: Class 2 felony, mandatory 5 yrs.;
Subsequent offense: mandatory 10 yrs. without suspension;
Sale to minor: mandatory 15 yrs. without suspension;
Sale within drug-free zone: class 4 felony, minimum 5 yrs.
 
TENNESSEE 39-17-401, et seq. Possession or casual exchange of less than .5 oz.: Class A misdemeanor unless adult to minor and adult is 2 yrs. the minor's senior, then felony;
Subsequent offense: If two 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 if injury or death occurrence or defendant was in possession of deadly weapon.
Class B felony and/or $100,000;
Over 15 g.: Class B felony and/or $200,000;
Over 150 g.: Class A felony and/or $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
 

Table 11b: Illegal Drugs: Heroin—Continued

State Code Section Possession Sale Trafficking
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 in Texas Department 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: stricter penalties
 
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 sale to a minor: one degree higher than provided except 1st degree felony is 5 yrs. mandatory
 
VERMONT Tit. 18 §4233 Up to 200 mg.: up to 1 yr. and/or $2000;
200 mg.-1 g.: up to 5 yrs. and/or $100,000;
1-2 g.: up to 10 yrs. and/or $250,000;
2 g. and over: up to 20 yrs. and/or $1,000,000;
Subsequent offense: up to double penalties
Delivery: up to 3 yrs. and/or $75,000;
Sale: up to 5 yrs. and/or $100,000;
Sale or delivery of: over 200 mg.: 10 yrs. and/or $250,000; over 1 g.: 20 yrs. and/or $1,000,000;
Subsequent offense: double penalties;
Sale to minors or on school grounds: up to 5 or 10 yrs. and/or $250,000
(Permissive Inference) 7 g. or more with intent to sell: up to 30 yrs. and/or $1 million
VIRGINIA 54.1-3445; 18.2-247 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 1 kg.: up to $1,000,000 and 20 yrs.-life (20 mandatory)
Subsequent offense: at court or jury's discretion, subsequent offense 5 yrs. to life and/or $500,000;
Sale to minor or within 1000 ft. of school: stricter penalties
 

Table 11b: Illegal Drugs: Heroin—Continued

State Code Section Possession Sale Trafficking
WASHINGTON 69.50.401, et seq. Up to 5 yrs. and/or $10,000;
Subsequent offense: double penalties
[Effective July 2004] Class B felony; up to 10 yrs. and/or 1) $25,000 (less than 2 kg) or 2) $100,000 and $50 for each g. in excess (over 2 kg);
Sale to minors: Class C felony; Sale within 1000 ft. of school: double penalties
 
WEST VIRGINIA 60A-1-101 to 60A-8-13 Misdemeanor, 90 days-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 state with intent to deliver: felony, 1-15 yrs. and/or $25,000
WISCONSIN §961.41 et seq. Class I felony Less than 3 g.: class F felony; 3-10 g.: class E felony; 10-50 g.: class D felony; over 50 g.: class C felony;
Sale to minor: double penalties;
Sale within 1000 ft. of school: mandatory 3 yrs. without parole
 
WYOMING 35-7-1001 to 1057 Less than 3 g.: misdemeanor, up to 1 yr. and/or $1000;
Over 3 g.: 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
 
Homestead laws - Information on the law about Homestead - Limitations [next] [back] Gun Control laws - Information on the law about Gun Control

User Comments

Your email address will be altered so spam harvesting bots can't read it easily.
Hide my email completely instead?

Cancel or

Vote down Vote up

about 4 years ago

I have a friend that is in the county jail for saling less that 50 grams of heroin. this is his first felony case for drugs, but what does his sentencing depends on? such as how much time he will have to serve, or be elgible for? also , can he be elgible for some type of probation?

Vote down Vote up

over 1 year ago

this doesnt help me with my project

Vote down Vote up

7 months ago

Carlos Danger thanks you.