Heroin laws
Information on the law about Heroin
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 |
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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 sale to a minor: one degree higher than provided except 1st degree felony is 5 yrs. mandatory |
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| 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 |
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| 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 |
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| 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 |
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