Cocaine - Law - 10-23-09

Law and Policy

(Federal Penalties)
US Code violations for cocaine/crack cocaine and possible sentences:

Title 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
SUBCHAPTER I - CONTROL AND ENFORCEMENT
Part D - Offenses and Penalties

"(b) Penalties
Except as otherwise provided in section 849, 859, 860, or 861 of this title, any person who violates subsection (a) of this section shall be sentenced as follows:
...
"(ii) 5 kilograms or more of a mixture or substance containing a detectable amount of—
"(I) coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed;
"(II) cocaine, its salts, optical and geometric isomers, and salts of isomers;
"(III) ecgonine, its derivatives, their salts, isomers, and salts of isomers; or
"(IV) any compound, mixture, or preparation which contains any quantity of any of the substances referred to in subclauses (I) through (III);
"(iii) 280 grams or more of a mixture or substance described in clause (ii) which contains cocaine base;
....
"such person shall be sentenced to a term of imprisonment which may not be less than 10 years or more than life and if death or serious bodily injury results from the use of such substance shall be not less than 20 years or more than life, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18 or $10,000,000 if the defendant is an individual or $50,000,000 if the defendant is other than an individual, or both."

"(B) In the case of a violation of subsection (a) of this section involving—
...
"(ii) 500 grams or more of a mixture or substance containing a detectable amount of—
"(I) coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed;
"(II) cocaine, its salts, optical and geometric isomers, and salts of isomers;
"(III) ecgonine, its derivatives, their salts, isomers, and salts of isomers; or
"(IV) any compound, mixture, or preparation which contains any quantity of any of the substances referred to in subclauses (I) through (III);
"(iii) 28 grams or more of a mixture or substance described in clause (ii) which contains cocaine base;
....
"such person shall be sentenced to a term of imprisonment which may not be less than 5 years and not more than 40 years and if death or serious bodily injury results from the use of such substance shall be not less than 20 years or more than life, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18 or $5,000,000 if the defendant is an individual or $25,000,000 if the defendant is other than an individual, or both."

Source: 

United States Code, 2011 Edition, Title 21 - FOOD AND DRUGS - CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL SUBCHAPTER I - CONTROL AND ENFORCEMENT, Part D - Offenses and Penalties. From the U.S. Government Printing Office, www.gpo.gov, last accessed Dec. 13, 2012.
http://www.gpo.gov/fdsys/pkg/U...

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