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Drug Prevention Memorandum


ATTACHMENT A FEDERAL POSSESSION PENALTIES 21 U.S.C. 844 (a) 1st conviction: Up to one (1) year imprisonment and fined at least $1,000 but not more than $100,000, or both. After 1 prior drug conviction: At least 15 days in prison, not to exceed 2 years and fined at least $2,500 but not more than $250,000, or both. After 2 or more prior drug convictions: At least 90 days in prison, not to exceed 3 years and fined at least $5,000 but not more than $250,000, or both. Special sentencing provisions for possession of crack cocaine: Mandatory at least 5 years in prison, not to exceed 20 years and fined up to $250,000, or both, if:
1st conviction and the amount of crack posessed exceeds five (5) grams.
2nd crack conviction and the amount of crack possessed exceeds one (1) gram.
3rd or subsequent convictions and the amount of crack posessed exceeds one (1) gram.
21 U.S.C. 853 (a) (2) and 881 (a) (7) Forfeiture of personal and real property used to possess or to facilitate possession of a controlled substance if that offense is punishable by more than one (1) year imprisonment. (See special sentencing provisions re: crack) 21 U.S.C. 881 (A) (4) Forfeiture of vehicles, boats, aircraft or any other conveyance used to transport or conceal a controlled substance. 21 U.S.C. 884A Civil fine of up to $10,000 (pending adoption of final regulations). 21 U.S.C. 853A Denial of Federal benefits, such as student loans, grants, contracts, and professional and commercial licenses, up to one (1) year for first offense, up to five (5) years for second and subsequent offenses. 18 U.S.C. 922 (g) Ineligible to receive or purchase a firearm. MISCELLANEOUS Revocation of certain federal licenses and benefits, e.g. pilot licenses, public housing tenancy, etc., are vested within the authorities of individual Federal agencies. NOTE: These are only Federal penalties and sanctions. Additional State penalties and sanctions may apply.   Attachment A (continued) GEORGIA POSSESSION PENALTIES Georgia State Code 79-A801 (Control Substance Act)   Marijuana:
Less Than an Ounce Misdemeanor
More Than an Ounce Felony
Many Amount Package --
For Street Sale Felony
Felony Marijuana use and other controlled substance (crack cocaine, etc.) as defined in Georgia State Code 70-A-101 is punishable under Georgia State Code 79-A 801 as follows:
1st offense 2 to 10 years and/or up to $10,000.
Mandatory 5 years up to 30 years and/or $500,000.
Vehicles: When controlled substance is found in any vehicle, regardless of type of vehicle or owner, vehicle will be confiscated and summarily sold.
  Georgia State Code 68-B 902 (DUI Statute) 1st Offense $300 to $1,000 -- 10 days to one (1) year 2nd Offense $600 to $1,000 -- 90 days to one (1) year. Judge can suspend or revoke driver's license. 3rd Offense (within 5 year period) Mandatory $1,000 Mandatory 120 days up to one (1) year. Judge can suspend or revoke driver's license    
FEDERAL TRAFFICKING PENALTIES
Penalty Quantity

Drug

Quantity Penalty
2nd Offense Not less than 10 years; not more than life. If death or serious injury, not less than life. Fine of not more than $4 million individual; $10 million other than individual 1st Offense Not less than 3 years; Not more than 40 years. If death or serious injury, not less than 20 years; Not more than life. Fine of not more than $2million individual; $5 million other than individual 10-99 gm or 100-999 mixture METHAMPHETAMINE 100 gm or more of 1 kg or more mixture Not less than 10 years; Not more than life. If death or serious injury, not less than 20 years; Not more than life. Fine of not more than $4 million individual; $10 million other than individual. Not less than 20 years; Not more than life. If death or serious injury, not less than life. Fine of not more than $8 million individual; $20 million other than individual.
100-999 gm mixture HEROINE 1 kg or more mixture
500-1999 gm mixture COCAINE 5 kg or more mixture
5-19gm mixture COCAINE BASE 50 gm or more mixture
10-99 gm or 100-999 mixture PCP 100 gm or more mixture or 1 kg more mixture
1-10 gm mixture LSD 10 gm or more mixture
40-399 gm mixture FENTANYL 400 or more gm mixture
10-99gm mixture FENTANYL ANALOGUE 100 gm or more mixture
DRUG QUANTITY FIRST OFFENSE SECOND OFFENSE
Others* Any Not more than 20 years; if death or serious injury, not less than 20 years, not more than life; Fine $4 million individual, $5 million no individual. Not more than 20 years; if death or serious injury, life; Fine $2 million individual, $20 million not individual.
All Any Not more than 5 years; Fine not more than $250,000 individual, $4 million not individual. No more than 10 years; fine not more than $500,000 individual, $2 million not individual.
All Any Not more than 3 years; Fine not more than $250,000 individual, $1 million not individual. Not more than 6 years; Fine not more than $500,000 individual, $2 million not individual.
All Any Not more than 1 year; Fine not more than $100,000 individual, $250,000 not individual. Not more than 2 years; Fine not more than $200,000 individual, $500,000 not individual.
* Does not include marijuana, hashish or hashish oil