Controlled Substance – Cocaine – Trafficking

MINIMUM MANDATORY SENTENCES

Here’s an example of the minimum mandatory prison sentences for Trafficking in Hydrocodone, Trafficking in Oxycodone, or Trafficking in Heroin: if you are caught with:

a. 4 grams or more, but less than 14 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.

b. 14 grams or more, but less than 28 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 years, and the defendant shall be ordered to pay a fine of $100,000.

c. 28 grams or more, but less than 30 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 25 calendar years and pay a fine of $500,000.

Trafficking in Cannabis requires a bit more weight, as you might imagine,

1. In excess of 25 pounds, but less than 2,000 pounds (or 300-2,000 plants), the mandatory minimum prison term shall be 3 years, and a $25,000 fine;

2. From 2,000 pounds – 10,000 pounds (or 2,000 – 10,000 plants), the mandatory minimum prison term shall be 7 years, and a $50,000 fine;

3. From 10,000 pounds or more (or 10,000 or more cannabis plants), the mandatory minimum prison term shall be 15 calendar years, and a fine of $200,000.

Trafficking in Cocaine has minimum mandatory prison sentences as follows:

a: 28 grams – 200 grams carries a mandatory minimum term of 3 years prison and a $50,000 fine;

b: 200 grams – 400 grams carries a mandatory minimum term of 7 years prison and a $100,000 fine;

c: 400 grams – 150 kilograms carries a mandatory minimum term of 15 years prison and a $250,000 fine;

d: more than 150 kilograms is a first degree felony punished by life imprisonment, and shall be ineligible for any form of discretionary early release (except pardon or medical).

TRAFFICKING IN MDMA, 1,4-Butanediol

a: 1 kilogram or more, but less than 5 kilograms carries a mandatory minimum term of 3 years prison and a $50,000 fine;

b: 5 kilograms – 10 kilograms carries a mandatory minimum term of 7 years prison and a $100,000 fine;

c: 10 kilograms or more carries a mandatory minimum term of 15 years prison and a $500,000 fine;

d: more than 150 kilograms is a first degree felony punished by life imprisonment, and shall be ineligible for any form of discretionary early release (except pardon or medical).

There are lots of factors that criminal lawyer John Guidry will consider when defending trafficking charges, so let’s start with some basics.

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