Federal Offenses

Activities which violate Federal laws concerning illicit possession, use, or distribution of alcoholic beverages and drugs include, but are not limited to, the following: (21 U.S.C. 841) makes it a crime:

  • to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance; or
  • to create, distribute, or dispense or possess with intent to distribute or dispense, or counterfeit a controlled substance. (The

U.S. Code establishes, and authorizes the U.S. Attorney General to revise as needed classifications of controlled substances. The drugs are each classified in one or more of five “schedules,” Schedule I being comprised essentially of “street drugs” and Schedule V being comprised of drugs with a “low potential for abuse” as compared with drugs in Schedules I-IV). Examples of Schedule I drugs are heroin and marijuana. PCP, for example, is a Class I drug. Amphetamine is a Schedule II drug, while Barbital is a Schedule IV drug. An example of a Schedule V drug would be a prescription medication with not more than 200 mg. of codeine per 100 grams. Penalties for a first offense conviction of violating the laws described in items (a) and (b) above are:

  • In the case of a Schedule I or II drug which is a narcotic drug, not more than fifteen years in prison, a fine of not more than $25,000, or both.
  • In the case of a Schedule I or II drug which is not a narcotic drug or in the case of a Schedule III drug, not more than five years in prison, a fine of not more than $15,000, or both.
  • In the case of a Schedule IV drug, not more than three years in prison, a fine of not more than $10,000, or both.
  • In the case of a Schedule V drug, not more than one year in prison, a fine of not more than $5,000, or both.
  • Notwithstanding sub-paragraphs (1) through (4) above, the distribution of a small amount of marijuana for no remuneration is punishable by imprisonment of not more than one year and/or a fine of not more than $5,000.

6. Notwithstanding subparagraph (1) through (4) above, the manufacture, possession, or distribution, or intent to manufacture, possess, or distribute phenecylidine (PCP, “angel dust”) is punishable by up to ten years in prison and/or a fine of not more than $25,000. Penalties for subsequent violations of these provisions are progressively more severe than for initial convictions.