Drug Trafficking Laws by State (2026)
How each state handles drug trafficking and intent to distribute and the penalties, from each state's code.
| State | Drug trafficking and intent to distribute |
|---|---|
| Alabama | Selling, giving or delivering any Schedule I-V controlled substance (unlawful distribution) is a Class B felony (2 to 20 years), as is possession with intent to distribute, which the statute defines by amount (for example more than 8 but less than 28 grams of cocaine or methamphetamine, more than 2 but less than 4 grams of a heroin or fentanyl mixture, or more than half a gram but less than 1 gram of pure fentanyl). Larger amounts are 'trafficking,' treated as a Class A felony with mandatory minimum prison terms and fines: for example cannabis over 2.2 pounds (3 years and $25,000, up to life at 1,000 pounds), cocaine or methamphetamine 28 grams or more (3 years and $50,000, life at 10 kilos), heroin or fentanyl mixtures 4 grams or more (3 years, up to life at 56 grams), and fentanyl alone 1 gram or more (3 years and at least $50,000, life at 8 grams). Ala. Code 1975 §§ 13A-12-211, 13A-12-231; § 13A-5-6 |
| Alaska | Alaska grades drug crimes as 'misconduct involving a controlled substance' in six degrees, mainly by the drug schedule rather than weight. First degree, an unclassified felony with 5 to 99 years, covers delivering schedule IA, IIA or IIIA drugs to someone under 19 who is at least three years younger, delivering to a person who is incapacitated or unaware, and running a continuing criminal enterprise. Second degree, a class A felony (up to 20 years), covers making or selling, or possessing with intent to sell, any amount of a schedule IA drug (such as heroin or fentanyl) and making or selling methamphetamine. Third degree, a class B felony (up to 10 years), covers making or selling schedule IIA or IIIA drugs (such as cocaine), and fourth degree, a class C felony (up to 5 years), covers schedule IVA and VA drugs and one ounce or more of schedule VIA substances; the statutes set no weight-based mandatory minimums. AS 11.71.010, 11.71.021, 11.71.030, 11.71.040, 12.55.125(b); AS 12.55.035, 12.55.125, 12.55.135 |
| Arizona | Possessing dangerous or narcotic drugs for sale, selling, transporting for sale or importing them, and manufacturing them are class 2 felonies, and probation is not available. If the amount meets the statutory 'threshold amount' (for example 1 gram of heroin, 9 grams of cocaine, methamphetamine or fentanyl, 2 pounds of marijuana, or $1,000 in value for drugs not listed), the person cannot get a suspended sentence, probation, pardon or early release until the sentence is served. Methamphetamine sale or manufacturing carries 5 to 15 years (presumptive 10) for a first offense and 10 to 20 years (presumptive 15) with a prior. The court must also impose a fine of at least $1,000 for dangerous drugs or $2,000 for narcotics, or three times the drugs' value if greater. A.R.S. §§ 13-3407(A)(2), (4), (7), (B), (D)-(F), 13-3408(A)(2), (4), (7), (B), (D), 13-3401(36); § 13-702(D) |
| Arkansas | Delivering methamphetamine, cocaine or heroin is graded by total weight: under 2 grams is a Class C felony (3 to 10 years), 2 to under 10 grams a Class B felony (5 to 20 years), and 10 to under 200 grams a Class Y felony (10 to 40 years or life). Trafficking (possessing, possessing with intent to deliver, delivering or manufacturing large amounts) is a Class Y felony at 200 grams or more of methamphetamine, heroin, cocaine or other Schedule I or II drugs, 400 grams of Schedule III, 800 grams of Schedule IV or V, or 500 pounds of Schedule VI. Trafficking fentanyl (1 gram or more) is an unclassified felony with 25 to 60 years or life and a $1,000,000 fine. Ark. Code §§ 5-64-422, 5-64-440; §§ 5-4-201, 5-4-401 |
| California | Possessing drugs for sale or selling, transporting or giving them away are felonies served under Pen. Code 1170(h). Possessing narcotics such as heroin or cocaine for sale is 2, 3 or 4 years, and selling or transporting them is 3, 4 or 5 years; possessing other controlled substances such as methamphetamine for sale is 16 months, 2 or 3 years, and selling or transporting them is 2, 3 or 4 years. Manufacturing a controlled substance is 3, 5 or 7 years and a fine up to $50,000. Large quantities add extra prison terms: for heroin or cocaine, 3 years over 1 kilogram rising to 25 years over 80 kilograms; for methamphetamine, amphetamine or PCP, 3 years over 1 kilogram rising to 15 years over 20 kilograms; and for fentanyl, starting at 3 years over 28.35 grams (one ounce). There is no mandatory minimum sentence in these sections apart from the added weight terms. Cal. Health & Saf. Code 11351, 11352, 11378, 11379, 11379.6, 11370.4; Pen. Code 17, 18, 19, 1170(h) |
| Colorado | Selling, distributing, manufacturing or possessing with intent to sell a controlled substance is graded by drug and weight into drug felony levels. Level 1 (more than 225 grams of a Schedule I or II drug, more than 112 grams of methamphetamine or heroin, more than 50 grams of fentanyl or its analogs, or any Schedule I or II sale by an adult to a minor at least two years younger) carries 8 to 32 years and is subject to mandatory sentencing. Level 2 (more than 14 up to 225 grams of Schedule I or II, more than 7 up to 112 grams of methamphetamine or heroin, more than 4 up to 50 grams of fentanyl) carries 4 to 8 years (up to 16 aggravated). Smaller amounts are a level 3 drug felony (2 to 4 years, up to 6 aggravated), and a level 1 drug felony also applies if a fentanyl sale causes a user's death. Sales within six months may be aggregated. C.R.S. §§ 18-18-405(1), (2), (5), 18-1.3-401.5(2) |
| Connecticut | Selling, making, transporting or possessing with intent to sell a narcotic or hallucinogen carries up to 15 years and a $50,000 fine for a first offense, and up to 30 years for later offenses; other controlled substances (except cannabis) carry up to 7 years and $25,000, then up to 15 years. For a person who is not drug-dependent, selling a narcotic, hallucinogen, amphetamine-type drug or 1 kilogram or more of a cannabis-type substance brings 5 to 20 years (10 to 25 for later offenses), and selling at least 1 ounce of heroin or methadone, half an ounce of cocaine, or 5 milligrams of LSD brings 5 years to life; these minimums cannot be suspended except for offenders under 18 or with significantly impaired mental capacity. Mandatory consecutive add-ons apply: 2 years for an adult selling to someone under 18, and 3 years for selling within 200 feet of a school, public housing project or licensed child care center or for using a minor to sell. Conn. Gen. Stat. §§ 21a-277, 21a-278, 21a-278a |
| Delaware | Delaware grades drug dealing by weight tiers. Manufacturing, delivering or possessing with intent to deliver any controlled substance is a class D felony (up to 8 years); with a Tier 2 quantity (for example 10 grams of cocaine or methamphetamine, or 2 grams of heroin) it is a class C felony (up to 15 years); and with a Tier 3 quantity (25 grams of cocaine or methamphetamine, or 5 grams of heroin), or a Tier 2 quantity with an aggravating factor, it is a class B felony (2 to 25 years). Simple possession of a Tier 3 quantity is also a class B felony, Tier 2 a class E felony, and Tier 1 a class G felony. 16 Del. C. §§ 4751C, 4752, 4753, 4754, 4756; 11 Del. C. § 4205 |
| District of Columbia | Manufacturing, distributing or possessing with intent to distribute a Schedule I or II narcotic or abusive drug (such as heroin, cocaine or fentanyl) is punishable by up to 30 years in prison and a fine of up to $75,000. Other Schedule I to III drugs carry up to 5 years, Schedule IV up to 3 years, and Schedule V up to 1 year; distributing half a pound or less of marijuana is up to 180 days for a first offender. D.C. does not set weight-based trafficking tiers or mandatory minimums in this section; repeat-offense penalties are set separately. D.C. Code §§ 48-904.01(a), 48-904.08, 22-3571.01 |
| Florida | Selling, making or delivering, or possessing with intent to sell, most hard drugs (such as cocaine, heroin, fentanyl or methamphetamine) is a second-degree felony (up to 15 years), and other controlled substances a third-degree felony. Trafficking is based on weight and carries mandatory minimum prison terms and fines: for cocaine, 28 to 200 grams brings 3 years and $50,000, 200 to 400 grams 7 years and $100,000, and 400 grams to 150 kilograms 15 years and $250,000; for heroin and other opiates, 4 to 14 grams brings 3 years, 14 to 28 grams 15 years, and 28 grams or more 25 years; for fentanyl, 4 to 14 grams brings 7 years and $50,000, 14 to 28 grams 20 years and $100,000, and 28 grams or more 25 years and $500,000; for methamphetamine, 14 to 28 grams brings 3 years, 28 to 200 grams 7 years, and 200 grams or more 15 years. All trafficking offenses are first-degree felonies, and some of the largest-quantity offenses can be capital felonies. Fla. Stat. §§ 893.13(1)(a), 893.135(1)(b), (c), (f); §§ 775.082, 775.083 |
| Georgia | Selling, making, distributing or possessing with intent to distribute a Schedule I or Schedule II drug carries 5 to 30 years for a first offense and 10 to 40 years or life for a later offense; Schedule III, IV or V drugs carry 1 to 10 years. Trafficking is based on weight with mandatory minimum terms and fines: cocaine, 28 to 200 grams brings 10 years and $200,000, 200 to 400 grams 15 years and $300,000, and 400 grams or more 25 years and $1 million; heroin and other illegal opiates, 4 to 14 grams brings 5 years and $50,000, 14 to 28 grams 10 years and $100,000, and 28 grams or more 25 years and $500,000; methamphetamine, 28 to 200 grams brings 10 years and $200,000, 200 to 400 grams 15 years and $300,000, and 400 grams or more 25 years and $1 million. O.C.G.A. §§ 16-13-30(b), (d), (h), 16-13-31 |
| Hawaii | Hawaii grades drug dealing as 'promoting a dangerous drug.' Distributing any dangerous drug in any amount is second degree, a class B felony (10 years). Distributing one-eighth ounce or more of methamphetamine, heroin, morphine, fentanyl or cocaine (three-eighths ounce of other dangerous drugs, or 25 or more doses), possessing one ounce or more of those drugs (one and one-half ounces of others), distributing a dangerous drug (other than methamphetamine) to a minor, or manufacturing one is first degree, a class A felony (20 years). HRS §§ 712-1241, 712-1242; §§ 706-659, 706-660 |
| Idaho | Making, delivering, or possessing with intent to deliver a Schedule I narcotic or a Schedule II drug is a felony punishable by up to life in prison, a fine up to $25,000, or both; other Schedule I and Schedule III drugs carry up to 5 years and $15,000, Schedule IV up to 3 years and $10,000, and Schedules V and VI are misdemeanors (up to 1 year and $5,000). Separate 'trafficking' felonies carry mandatory minimum prison terms based on weight: for example, cocaine or methamphetamine of 28 grams or more (3 years minimum, rising to 5 years at 200 grams and 10 years at 400 grams), heroin of 2 grams or more (3, 10 or 15 years at 2, 7 and 28 grams), and marijuana of 1 pound or 25 plants or more (1, 3 or 5 years). Manufacturing methamphetamine carries a 5-year minimum (2 years for attempt). A second trafficking conviction doubles the mandatory minimum, and the sentence cannot be suspended, withheld or paroled before the minimum is served. Idaho Code §§ 37-2732(a), 37-2732B |
| Illinois | Illinois punishes manufacturing, delivering, or possessing with intent to manufacture or deliver a controlled substance by drug type and weight. For heroin, cocaine, fentanyl and morphine, 15 to under 100 grams is a Class X felony with 6 to 30 years; 100 to under 400 grams, 9 to 40 years; 400 to under 900 grams, 12 to 50 years; and 900 grams or more, 15 to 60 years, with possible fines up to $500,000 or the street value for 100 grams or more of heroin, cocaine or morphine. One to under 15 grams of heroin, fentanyl or cocaine is a Class 1 felony (4 to 15 years; fine up to $250,000). Other amounts of Schedule I or II narcotics, LSD, amphetamine or fentanyl are a Class 2 felony, and other Schedule I-V amounts are Class 3 felonies. Controlled substance trafficking (bringing drugs into Illinois to manufacture or deliver them) carries a prison range of twice the minimum to twice the maximum for the amount, and delivering to someone under 18 or near places such as schools, parks, places of worship or truck stops raises the penalties. Methamphetamine and cannabis are covered by separate Acts. 720 ILCS 570/401(a), (b), (c), (d), (e)-(h), 570/401.1, 570/407; 730 ILCS 5/5-4.5-25 to -65 |
| Indiana | Manufacturing, delivering, or possessing with intent to deliver cocaine or a Schedule I or II narcotic (dealing) is a Level 5 felony (1 to 6 years) for under 1 gram; Level 4 (2 to 12 years) for 1 to under 5 grams; Level 3 (3 to 16 years) for 5 to under 10 grams; and Level 2 (10 to 30 years) for 10 grams or more, with each tier raised one level when an 'enhancing circumstance' applies. Heroin has separate tiers aggregated over 90 days (3 to under 7 grams Level 4, 7 to under 12 Level 3, 12 or more Level 2), and any amount of a fentanyl-containing substance is at least a Level 4 felony (1 to under 5 grams Level 3, 5 grams or more Level 2). Methamphetamine dealing uses the same 1, 5 and 10 gram tiers. Possession with intent requires evidence beyond the drug's weight unless at least 28 grams are involved. Dealing that results in a user's death is a Level 1 felony (20 to 40 years) for cocaine, narcotics, methamphetamine or Schedule I-III drugs. IC 35-48-4-1, 35-48-4-1.1, 35-42-1-1.5; IC 35-50-2-4 to -7, 35-50-3-2 to -4 |
| Iowa | Making, delivering, or possessing with intent to deliver a controlled substance is graded by drug and amount. The largest amounts (for example more than 100 grams of heroin, more than 500 grams of cocaine, more than 5 kilograms of methamphetamine, or more than 50 grams of fentanyl) are a class B felony punishable by up to 50 years and a fine up to $1 million; mid-range amounts (for example more than 5 grams but not more than 5 kilograms of methamphetamine, or more than 5 up to 50 grams of fentanyl) are a class B felony (up to 25 years) plus a fine of $5,000 to $100,000; smaller amounts of Schedule I-III drugs are a class C felony (up to 10 years) plus a fine of $1,000 to $50,000. Schedule IV and V drugs are an aggravated misdemeanor, but 50 kilograms or less of marijuana is a class D felony. For the two class B tiers, the person is not eligible for parole until serving one-third of the maximum sentence (not for marijuana or accommodation offenses), and having a firearm doubles the term. Iowa Code §§ 124.401(1)(a)-(e), 124.413, 902.9 |
| Kansas | Distributing or possessing with intent to distribute most controlled substances is a drug felony graded by amount on the drug sentencing grid: under 3.5 grams is drug severity level 4, 3.5 to under 100 grams level 3, 100 grams to under 1 kilogram level 2, and 1 kilogram or more level 1 (the most serious). Fentanyl-related substances, heroin and methamphetamine have lower thresholds (under 1 gram level 4; 1 to under 3.5 grams level 3; 3.5 to under 100 grams level 2; 100 grams or more level 1), and marijuana has higher ones (level 1 at 30 kilograms or more). Pills are graded by dosage unit, with fentanyl pills reaching level 1 at 250 units, and the level rises one step for distribution within 1,000 feet of school property. Possessing amounts such as 3.5 grams of fentanyl, heroin or methamphetamine, or 450 grams of marijuana, supports an inference of intent to distribute. K.S.A. 21-5705(a), (d), (e), 21-6805 |
| Kentucky | First-degree trafficking covers 4 grams or more of cocaine, 2 grams or more of methamphetamine, 10 or more dosage units of a Schedule I or II narcotic, or any amount of heroin, fentanyl, carfentanil, LSD, PCP, GHB or flunitrazepam; it is a Class C felony (5 to 10 years) for a first offense and a Class B felony (10 to 20 years) for a repeat, and a first offense with smaller amounts of cocaine, methamphetamine or narcotic pills is a Class D felony. Amounts may be added up over a 90-day period, the grade rises one level if fentanyl causes a death, and heroin or fentanyl convictions at Class C or higher require serving 50% of the sentence before release. Aggravated trafficking (100 grams or more of heroin, 28 grams or more of fentanyl, or 10 grams or more of carfentanil or fentanyl derivatives) is a Class B felony with no release before serving 50% (heroin) or 85% (fentanyl-type drugs, also no pretrial diversion). Second-degree trafficking (other Schedule I-II drugs and Schedule III) is generally a Class D felony, and third-degree trafficking (Schedule IV-V) ranges from a Class A misdemeanor to a Class D felony. KRS 218A.1412, 218A.142, 218A.1413, 218A.1414, 532.060 |
| Louisiana | Louisiana makes it a crime to manufacture, distribute, dispense or possess with intent to distribute a controlled dangerous substance, with penalties set by schedule and weight. For most Schedule II drugs (such as cocaine or methamphetamine), less than 28 grams carries 1 to 10 years with or without hard labor and 28 grams or more carries 1 to 20 years at hard labor, plus a possible fine up to $50,000; manufacturing methamphetamine, cocaine, oxycodone or methadone carries 10 to 30 years at hard labor, at least 10 without parole, probation or suspension. Fentanyl or carfentanil carries 5 to 40 years at hard labor (at least 5 without parole) for under 28 grams, 7 to 40 years for a first conviction of 28 to under 250 grams, 30 to 40 years on a second such conviction and at least 99 years on a third, and life imprisonment (at least 25 years without parole) for 250 grams or more. Schedule I, III, IV and V substances have their own penalty sections. La. R.S. 40:967(A)-(B) |
| Maine | Unlawful trafficking (selling or furnishing for value, or possessing with intent to do so) in a scheduled drug is graded by the drug's schedule: Class B (up to 10 years) for schedule W drugs (such as heroin, fentanyl, cocaine and methamphetamine), Class C for schedule X drugs, and Class D for schedule Y and Z drugs; possessing set amounts (for example 14 grams or more of cocaine or methamphetamine, 4 grams or more of heroin or fentanyl powder, or 90 or more narcotic pills) allows an inference of trafficking. Aggravated trafficking is a Class A crime (up to 30 years) for schedule W drugs when it involves a minor, a prior drug felony, a firearm, a school zone, or large quantities such as 112 grams or more of cocaine, 6 grams or more of heroin or fentanyl powder, 100 grams or more of methamphetamine, or 300 or more narcotic pills, or when the drug contributes to a death. Section 1125 sets mandatory minimum prison terms for certain of these offenses, and the court may suspend the driver's license for up to 5 years if a vehicle was used. 17-A M.R.S. §§ 1103, 1105-A, 1125; 17-A M.R.S. §§ 1604(1), 1704 |
| Maryland | Distributing or dispensing a controlled dangerous substance, or possessing (other than cannabis) enough to indicate intent to distribute, is a felony punishable by up to 5 years and/or $15,000; for a Schedule I or II narcotic (such as heroin, fentanyl or cocaine) the maximum is 20 years and/or $15,000, rising to 25 years and then 40 years for repeat offenders with prior narcotics distribution convictions and prison terms. Volume dealing (for example 448 grams or more of cocaine or methamphetamine, 28 grams or more of an opiate or a fentanyl mixture, or 5 grams or more of fentanyl, with amounts within 90 days aggregated) carries a mandatory minimum 5 years without suspension or parole eligibility and a fine up to $100,000. Possessing cannabis with intent to distribute is a misdemeanor up to 3 years and/or $5,000; adults 21 and older may share the personal use amount without payment. Md. Code, Crim. Law §§ 5-602, 5-607, 5-608, 5-612 |
| Massachusetts | Manufacturing, distributing or possessing with intent to distribute a Class B drug (such as cocaine) is punished by up to 10 years in state prison or 2½ years in a house of correction and/or a $1,000 to $10,000 fine, and up to 10 or 15 years for repeat offenders; other classes have their own sections. Trafficking, based on net weight, carries mandatory minimum prison terms: for cocaine, 18 to 36 grams carries 2 to 15 years (2-year minimum), rising to 12 to 20 years at 200 grams or more; for heroin, morphine or opium, 18 to 36 grams carries 3½ to 30 years, rising to 12 to 30 years at 200 grams or more; for fentanyl, 10 grams or more carries 3½ to 20 years (3½-year minimum). Trafficking in 50 pounds or more of marijuana carries graded mandatory minimums from 1 year up to 8 years. Mass. G.L. c. 94C, §§ 32A, 32E |
| Michigan | Manufacturing, delivering or possessing with intent to deliver a Schedule 1 or 2 narcotic drug (such as heroin, fentanyl or cocaine) is a felony graded by weight: under 50 grams, up to 20 years and/or $25,000; 50 to under 450 grams, up to 20 years and/or $250,000; 450 to under 1,000 grams, up to 30 years and/or $500,000; 1,000 grams or more, life or any term of years and/or $1,000,000. Other Schedule 1, 2 or 3 drugs carry up to 7 years and/or $10,000, Schedule 4 up to 4 years and/or $2,000, and Schedule 5 up to 2 years. Illegal marijuana distribution is graded by amount, from up to 4 years for under 5 kilograms or fewer than 20 plants up to 15 years for 45 kilograms or 200 plants or more. The statute sets maximums rather than mandatory minimums, and a sentence for the largest narcotics amounts may run consecutively to another felony sentence. MCL 333.7401(2)-(3) |
| Minnesota | Minnesota grades drug sales and possession by degree, based on drug and amount. First-degree controlled substance crime (for example, selling 17 grams or more of cocaine or methamphetamine, or 10 grams or more of heroin or fentanyl, within 90 days) carries up to 30 years and/or $1,000,000, with a mandatory 4 to 40 years for a subsequent drug conviction and at least 65 months for 100 grams or more. Second degree (for example, selling 3 grams or more of heroin or fentanyl, or any Schedule I or II narcotic to a minor or in a school or park zone) carries up to 25 years and/or $500,000, with 3 to 40 years for a subsequent conviction. Third degree (including selling any amount of a narcotic drug) carries up to 20 years and/or $250,000. Minn. Stat. §§ 152.021, 152.022, 152.023 |
| Mississippi | Selling or possessing with intent to sell Schedule I or II drugs (other than marijuana) is punished by amount: under 2 grams or 10 dosage units, up to 8 years and/or $50,000; 2 to under 10 grams, 3 to 20 years and/or $250,000; 10 to under 30 grams, 5 to 30 years and/or $500,000 (lower ranges apply to marijuana and Schedules III-V). Trafficking (for example, 30 grams or 40 dosage units or more of a Schedule I or II drug, 1 kilogram or more of marijuana) is a felony punished by 10 to 40 years and a fine of $5,000 to $1,000,000, with no probation or parole. Aggravated trafficking (200 grams or more of a Schedule I or II drug) carries 25 years to life, with the 25 years mandatory. The court may go as low as 25% of a mandatory term for certain non-leaders who used no violence or weapon. Miss. Code Ann. § 41-29-139(b), (f), (g), (h) |
| Missouri | Selling or delivering a controlled substance, or possessing it with intent to distribute (called delivery of a controlled substance), is a class C felony (3 to 10 years); 35 grams or less of marijuana is a class E felony, and delivery to someone under 17 who is at least 2 years younger is a class B felony. Trafficking in the first degree (distributing, manufacturing or attempting to, above set amounts, such as more than 30 grams of heroin or methamphetamine, more than 150 grams of cocaine, more than 3 milligrams of fentanyl, or any carfentanil) is a class B felony (5 to 15 years), and a class A felony (10 to 30 years or life) at larger amounts, such as 90 grams or more of heroin or methamphetamine, 450 grams or more of cocaine, or 14 milligrams or more of fentanyl. Trafficking in the second degree (possessing or buying those amounts) is a class C, B or A felony depending on quantity. RSMo §§ 579.020, 579.065, 579.068, 558.011 |
| Montana | Selling, trading or giving away a dangerous drug (called criminal distribution of dangerous drugs) is punishable by up to 25 years in state prison and/or a $50,000 fine; sharing or giving away is sentenced as possession. An adult distributing to a minor faces up to 40 years for a first offense and up to life for a repeat; distribution that causes a death carries up to 100 years and a $100,000 fine. Possession with intent to distribute is punishable by up to 20 years and/or $50,000. Distributing more than 100 pills or 10 grams of fentanyl-type drugs, or possessing any fentanyl with intent to distribute, carries 2 to 40 years, and the first 2 years cannot be suspended or deferred (parole ineligible) except as 46-18-222 allows. Montana has no separate weight-based 'trafficking' offense in these sections. MCA 45-9-101, 45-9-103 |
| Nebraska | Manufacturing, distributing, delivering or possessing with intent to distribute a controlled substance is a Class II felony (1 to 50 years) for an 'exceptionally hazardous' Schedule I-III drug, a Class IIA felony (up to 20 years) for other Schedule I-III drugs, and a Class IIIA felony for Schedule IV or V drugs. Large amounts of cocaine, crack, heroin, methamphetamine or fentanyl carry mandatory minimums: 10 to under 28 grams is a Class ID felony (3 to 50 years, 3 mandatory), 28 to under 140 grams a Class IC felony (5 to 50 years, 5 mandatory), and 140 grams or more a Class IB felony (20 years to life). Selling to a minor or near a school, playground or youth center, or using a minor to deal, raises the offense to the next higher class. Neb. Rev. Stat. §§ 28-416(1), (2), (4), (5), (7)-(11), 28-105 |
| Nevada | Selling, transporting, giving away or otherwise distributing a Schedule I or II controlled substance is a category C felony for a first offense (1 to 5 years), a category B felony with 2 to 10 years and up to $20,000 for a second, and 3 to 15 years for a third or later; Schedule III-V drugs start as a category D felony. Possessing a Schedule I or II drug for sale is a category D felony for a first offense, rising with priors. Trafficking (Schedule I or II drugs other than marijuana, plus flunitrazepam and GHB) is 'low-level trafficking' for 100 grams to less than 400 grams, a category B felony with 2 to 20 years and up to $100,000; and 'high-level trafficking' for 400 grams or more, a category A felony with life with parole after 10 years or a definite 25 years with parole after 10, and up to $500,000. NRS 453.321, 453.337, 453.3385; NRS 193.130, 193.140, 193.150 |
| New Hampshire | Selling, manufacturing or possessing with intent to sell a controlled drug is punished by drug and weight. The top tier (for example, 5 grams or more of heroin, crack or fentanyl-class drugs, or 5 ounces or more of cocaine or methamphetamine) carries up to 30 years and a $500,000 fine (up to life with a prior offense). The next tier (for example, 1 gram or more of heroin, crack or fentanyl, or one ounce or more of methamphetamine) carries up to 20 years and $300,000 (up to 40 years with a prior); smaller amounts of most Schedule I-IV drugs carry up to 7 years and $100,000. A 'drug enterprise leader' faces a mandatory minimum of 25 years and up to life, and sales within 1,000 feet of a school can double the penalty. RSA 318-B:26, I, V, VI |
| New Jersey | Making, distributing, dispensing, or possessing with intent to distribute a controlled dangerous substance is graded by drug and amount. Heroin, cocaine, MDMA or methamphetamine: 5 ounces or more is a first-degree crime (10-20 years; for heroin, cocaine and MDMA a parole-ineligibility term of one-third to one-half of the sentence is required; fines up to $500,000, or $300,000 for methamphetamine); one-half ounce to under 5 ounces is second degree (5-10 years); less than one-half ounce is third degree (3-5 years, fine up to $75,000). Other Schedule I or II narcotics: 1 ounce or more is second degree, less is third degree. Marijuana: 25 pounds or 50 plants or more is first degree; 5-25 pounds second degree; over 1 ounce to under 5 pounds third degree. Leader of a narcotics trafficking network is a first-degree crime punished by life imprisonment with 25 years before parole and a fine up to $750,000 or five times street value. N.J.S. 2C:35-5(b); N.J.S. 2C:35-3; N.J.S. 2C:43-6 |
| New Mexico | Trafficking (manufacturing any Schedule I-V controlled substance, or distributing, selling, giving away or possessing with intent to distribute a Schedule I or II narcotic drug or methamphetamine) is a second degree felony (basic sentence 9 years) for a first offense and a first degree felony (18 years) for a second or later offense; knowingly trafficking in a drug-free school zone is a first degree felony. New Mexico's statute sets these grades without weight thresholds or mandatory minimum terms. Distributing or possessing with intent to distribute other Schedule I-IV drugs is a third degree felony (second degree for a repeat), synthetic cannabinoids are a fourth degree felony (higher for repeats or over 100 pounds), and Schedule V drugs are a misdemeanor. Secretly giving someone GHB or flunitrazepam to commit a crime against them is a third degree felony. NMSA 1978, 30-31-20, 30-31-22; NMSA 1978, 31-18-15, 31-19-1 |
| New York | Selling a narcotic drug (such as heroin, cocaine or fentanyl) is criminal sale in the third degree, a class B felony; selling narcotic preparations weighing one-half ounce or more is second degree, a class A-II felony; two ounces or more is first degree, a class A-I felony. For a first-time drug felony offender, the determinate prison ranges are 8-20 years (A-I), 3-10 years (A-II), 1-9 years (B, with probation possible; 2-9 years for certain sales near schools or to children), 1-5.5 years (C), 1-2.5 years (D) and 1-1.5 years (E). Operating as a major trafficker (directing an organization whose sales reach $75,000 or more in 12 months, or selling or possessing for sale narcotics worth $75,000 or more within 6 months as a profiteer) is a class A-I felony carrying an indeterminate term up to life (a determinate 8-20 years may be imposed if the court finds the indeterminate term unduly harsh). N.Y. Penal Law 220.39, 220.41, 220.43, 220.77; 70.70(2), 70.71(2), (5) |
| North Carolina | Making, selling, delivering or possessing with intent to sell a Schedule I or II drug is a Class H felony (Class G for a sale), Class F for fentanyl or carfentanil, and Class C for making methamphetamine; for Schedule III-VI drugs it is a Class I felony (Class H for a sale). Trafficking carries set mandatory prison terms and fines by weight. Cocaine: 28-200 g Class G (35-51 months, at least $50,000 fine); 200-400 g Class F (70-93 months); 400 g or more Class D (175-222 months, at least $250,000). Heroin and other opioids: 4-14 g Class F (70-93 months); 14-28 g Class E (90-120 months); 28 g or more Class C (225-282 months). Fentanyl/carfentanil: 4-14 g Class E (90-120 months, $500,000); 14-28 g Class D (175-222 months, $750,000); 28 g or more Class C (225-282 months, $1,000,000). Methamphetamine: 28-200 g Class F (70-93 months); 200-400 g Class E (90-120 months); 400 g or more Class C (225-282 months). N.C. Gen. Stat. 90-95(b), (h)(3), (h)(3b), (h)(4), (h)(4c) |
| North Dakota | Manufacturing, delivering, or possessing with intent to manufacture or deliver a controlled substance (including delivery over the internet) is a class B felony (up to 10 years) for a Schedule I or II narcotic, methamphetamine, or other Schedule I-III drugs; a class C felony (up to 5 years) for marijuana, THC or Schedule IV drugs; and a class A misdemeanor for Schedule V. The grade rises one level (a class B felony becomes a class A felony, up to 20 years) for aggravating factors, including quantities such as 50 grams or more of heroin, cocaine or methamphetamine, 28 grams of cocaine base, or 40 grams of fentanyl (10 grams of a fentanyl analog); sales near schools or parks; having a firearm; or a delivery that causes a death. Using a minor to help deliver drugs is a class B felony. N.D.C.C. 19-03.1-23(1), (4); 19-03.1-23.1; 12.1-32-01 |
| Ohio | Selling, offering to sell, or preparing, shipping or distributing a controlled substance for sale is trafficking, graded by drug and amount, with higher grades near schools or juveniles. Cocaine: a fifth-degree felony at small amounts; 5-10 grams fourth degree; 10-20 grams third degree (presumption of prison); 20-27 grams second degree with mandatory prison; 27-100 grams first degree with mandatory prison; 100 grams or more first degree with the maximum first-degree term as a mandatory 'major drug offender' sentence. Fentanyl-related compounds: 10-20 grams second degree with mandatory prison; 20-50 grams first degree with mandatory prison; 50-100 grams first degree with the maximum term mandatory; 100 grams (or 1,000 unit doses) or more makes the offender a major drug offender with the maximum first-degree term. Heroin, methamphetamine and other drugs have their own tiers keyed to grams or the statutory 'bulk amount.' R.C. 2925.03(A), (C)(4), (C)(9); 2925.01(D); 2929.14 |
| Oklahoma | Distributing, or possessing with intent to distribute, a Schedule I or II drug (other than marijuana) is a Class C2 felony (up to 7 years) with a fine of up to $100,000; Schedule III-V drugs or marijuana are a Class D1 felony (up to 5 years) with a fine of up to $20,000; manufacturing is a Class C2 felony. 'Trafficking in illegal drugs' applies at set weights, for example 25 pounds of marijuana, 28 grams of cocaine, 10 grams of heroin, 20 grams of methamphetamine, or 1 gram of fentanyl (Class B3 felonies, up to 20 years for a first offense plus large minimum fines); higher weights (such as 1,000 pounds of marijuana, 450 grams of cocaine or methamphetamine, 28 grams of heroin, or 5 grams of fentanyl) are 'aggravated trafficking.' A second trafficking conviction carries 4 years to life and a third 20 years to life, with 50% of the sentence served before parole eligibility (85% for aggravated trafficking). 63 O.S. §§ 2-401, 2-415; 21 O.S. §§ 20M, 20N |
| Oregon | Manufacturing or delivering a controlled substance is graded by schedule: Schedule I is a Class A felony, Schedule II a Class B felony, Schedule III a Class C felony, Schedule IV a Class B misdemeanor, and Schedule V a Class C misdemeanor, with drug-specific sections for heroin, cocaine, methamphetamine and others (for example, delivering methamphetamine is a Class B felony, a Class A felony if delivered to someone under 18, with a $500 minimum fine). Oregon has no separate weight-based 'trafficking' crime; instead, delivery or manufacture of 'substantial quantities' (for example, 5 grams of heroin, 5 grams or 25 user units of fentanyl, or 10 grams of cocaine or methamphetamine), or a 'commercial drug offense' shown by at least three listed factors (such as $300 or more in cash, weapons, or packaging and scales), is ranked at crime category 8 of the sentencing guidelines grid, which raises the presumptive sentence. ORS 475.752, 475.890, 475.900; ORS 161.605 |
| Pennsylvania | Manufacturing, delivering or possessing with intent to deliver a controlled substance (or a counterfeit one) without authorization is a felony graded by the drug: a Schedule I or II narcotic, up to 15 years and/or a fine up to $250,000 (or more to exhaust drug profits); methamphetamine or PCP, up to 10 years and/or $100,000; other Schedule I, II or III substances, up to 5 years and/or $15,000; Schedule IV, up to 3 years and/or $10,000; and Schedule V is a misdemeanor (up to 1 year and/or $5,000). The weight-based mandatory minimum sentences in 18 Pa.C.S. § 7508 (for example, cocaine 2 grams or more, heroin 1 gram or more, methamphetamine 5 grams or more, marijuana 2 pounds or more) remain printed in the code but were declared unconstitutional by the Pennsylvania Supreme Court in Commonwealth v. DiMatteo (2018), as noted on the official code page. 35 P.S. § 780-113(a)(30), (f); 18 Pa.C.S. § 7508 |
| Rhode Island | Manufacturing, delivering or possessing with intent to deliver a Schedule I or II drug (other than marijuana) is punishable by up to 30 years and a fine of $3,000 to $100,000; Schedule III or IV, up to 20 years and/or $40,000 (5 years for Schedule III(d)); Schedule V, up to 1 year and/or $10,000. A person who is not drug-addicted and sells Schedule I or II drugs faces up to life and a fine of $10,000 to $500,000. Possessing or delivering larger quantities (for example 1 ounce to 1 kilogram of heroin, cocaine, fentanyl, methamphetamine or MDMA, or 1 to 5 kilograms of marijuana) carries up to 50 years and up to $500,000, and more than 1 kilogram (more than 5 kilograms of marijuana) carries up to life and up to $1,000,000. Selling Schedule I or II drugs to a minor at least 3 years younger carries a 15-year minimum sentence (up to life) unless the judge finds substantial and compelling reasons for less. R.I. Gen. Laws §§ 21-28-4.01, 21-28-4.01.1, 21-28-4.01.2, 21-28-4.07 |
| South Carolina | Manufacturing, distributing or possessing with intent to distribute a Schedule I or II narcotic (including cocaine) is a felony: up to 15 years and/or $25,000 for a first offense, 5 to 30 years for a second, and 10 to 30 years for a third. Trafficking is set by weight with mandatory ranges that generally cannot be suspended or probated, for example: marijuana 10 to under 100 pounds, 1 to 10 years for a first offense; cocaine 10 to under 28 grams, 3 to 10 years; heroin, other opiates or fentanyl 4 to under 14 grams, 7 to 25 years; methamphetamine or cocaine base 10 to under 28 grams, 3 to 10 years. Higher weights and repeat offenses carry mandatory 25-year terms without parole eligibility (for example, a third cocaine trafficking offense, or 100 grams or more of methamphetamine). S.C. Code §§ 44-53-370(b), (e), 44-53-375(C) |
| South Dakota | Manufacturing, distributing or possessing with intent to distribute a Schedule I or II drug is a Class 4 felony (up to 10 years) with a mandatory, non-suspendable sentence of at least 1 year for a first conviction and at least 10 years for a second; it rises to a Class 3 felony if three or more aggravating factors are present (such as $300 or more in cash, a weapon, packaging materials, a pill press, or customer lists) and to a Class 2 felony (up to 25 years) for 4 milligrams or more of fentanyl (mandatory minimum 3 years, or 10 years at 14 milligrams or more) or for distribution to a minor (minimum 5 years). Distributing a drug that causes a death is a Class 2 felony, or Class 1 in aggravated cases. Marijuana distribution is graded by amount, from a Class 1 misdemeanor (under half an ounce without payment) up to a Class 3 felony for one pound or more, with mandatory jail terms of at least 30 days for a first felony conviction. SDCL 22-42-2, 22-42-7; SDCL 22-6-1 |
| Tennessee | Knowingly making, delivering or selling a controlled substance, or possessing it with intent to do so, is a felony graded by drug and amount. Schedule I drugs and 0.5 gram or more of cocaine, methamphetamine or fentanyl are Class B felonies (8 to 30 years, fine up to $100,000); other Schedule II drugs are Class C felonies; Schedule III and most Schedule IV drugs Class D; Schedule V drugs and 1/2 ounce to 10 pounds of marijuana Class E. Trafficking-level weights make it a Class B felony with a fine up to $200,000 (for example 15 grams of heroin or fentanyl, or 26 grams of cocaine or methamphetamine) and a Class A felony (15 to 60 years, fine up to $500,000) at higher weights (for example 150 grams of heroin or fentanyl, or 300 grams of cocaine or methamphetamine). Selling to someone under 18 is punished one class higher, and manufacturing methamphetamine carries a 180-day mandatory minimum served at 100%. Tenn. Code Ann. § 39-17-417; § 40-35-111 |
| Texas | Knowingly manufacturing, delivering, or possessing with intent to deliver a controlled substance is graded by penalty group and weight. For Penalty Group 1 drugs (such as cocaine, methamphetamine and heroin), less than 1 gram is a state jail felony, 1 to under 4 grams a second-degree felony, and 4 to under 200 grams a first-degree felony (5 to 99 years or life); 200 to under 400 grams is punishable by 10 to 99 years or life and up to $100,000, and 400 grams or more by 15 to 99 years or life and up to $250,000. Fentanyl-type drugs in Penalty Group 1-B and other groups have their own weight tables. Delivering marijuana ranges from a Class B misdemeanor (1/4 ounce or less, no payment) up to 10 to 99 years or life and a $100,000 fine for more than 2,000 pounds. Tex. Health & Safety Code §§ 481.112, 481.1121, 481.120; Tex. Penal Code §§ 12.21-12.35 |
| Utah | Utah moved its drug crimes into the Criminal Code (Title 76, Chapter 18) in 2026. Knowingly and intentionally distributing, or agreeing or arranging to distribute, a controlled or counterfeit substance is a second degree felony for Schedule I or II drugs (other than marijuana), a third degree felony for Schedule III or IV drugs or marijuana, and a class A misdemeanor for Schedule V; a second or later conviction is one degree higher (first degree for Schedule I or II). A prison term is required (unless the court makes specific findings) when a weapon or firearm is used or readily accessible. Producing, manufacturing, distributing, or possessing with intent to distribute 100 grams or more of a mixture containing fentanyl is trafficking, a first degree felony (5 years to life) with limits on probation. Utah Code §§ 76-18-208, 76-18-209, 76-18-210, 76-18-220; § 76-3-203 |
| Vermont | Vermont sets penalties drug by drug, by amount. For cocaine, selling carries up to five years and $100,000 (dispensing without sale up to three years); 2.5 grams or more up to 10 years and $250,000; one ounce or more up to 20 years and $1,000,000; and possessing 150 grams or more with intent to sell is trafficking, up to 30 years and $1,000,000 (possessing that much allows an inference of intent to sell). For fentanyl, selling 4 milligrams or more carries up to 10 years, 20 milligrams or more up to 20 years, and possessing 70 milligrams or more with intent to sell up to 30 years and $1,000,000; bringing more than 20 milligrams into Vermont to sell adds up to 10 years. Heroin, methamphetamine and other drugs have their own sections. 18 V.S.A. §§ 4231, 4233a; see also §§ 4233, 4234, 4234a |
| Virginia | Manufacturing, selling, giving, distributing, or possessing with intent to distribute a Schedule I or II drug carries 5 to 40 years and up to a $500,000 fine; a second conviction can bring life with a 3-year mandatory minimum, with longer minimums for later convictions. Schedule III drugs are a Class 5 felony, Schedule IV a Class 6 felony, and Schedule V or VI a Class 1 misdemeanor; sharing only as an 'accommodation' without profit lowers the grade. Large quantities (such as 1 kilogram of heroin, 5 kilograms of cocaine, 100 kilograms of marijuana, or 100 grams of methamphetamine) carry 20 years to life with a 20-year mandatory minimum (with a limited safety-valve exception), and leaders of large drug enterprises face further mandatory terms. Va. Code § 18.2-248(A), (C), (D), (E1)-(F), (H), (H1), (H2); §§ 18.2-10, 18.2-11 |
| Washington | Manufacturing, delivering, or possessing with intent to manufacture or deliver a controlled substance is a felony. For Schedule I or II narcotics (such as heroin and fentanyl) and for methamphetamine or amphetamine, it is a class B felony with up to 10 years in prison and a fine up to $25,000, or a higher fine scale if the crime involved two kilograms or more; methamphetamine carries a $3,000 fine that cannot be suspended. Other Schedule I, II and III drugs and Schedule IV and V drugs are class C felonies (up to 5 years). Licensed cannabis activity is exempt. RCW 69.50.401; RCW 9A.20.021 |
| West Virginia | Manufacturing, delivering, or possessing with intent to deliver a Schedule I or II narcotic or methamphetamine is a felony of 1 to 15 years, a fine up to $25,000, or both (fentanyl: 3 to 15 years, a fine up to $50,000, or both); other Schedule I-III drugs, 1 to 5 years or up to $15,000; Schedule IV, 1 to 3 years or up to $10,000; Schedule V is a misdemeanor. Bringing drugs into the state to deliver them has weight tiers: for example 1 kilogram or more of heroin or cocaine, 50 grams or more of methamphetamine, or 5 grams or more of fentanyl carries a mandatory 15 to 30 years with no probation; mid-range amounts carry 7 to 20 years and smaller listed amounts 5 to 20 years. A 'drug kingpin' who organizes, supervises or finances a drug conspiracy involving listed amounts faces a mandatory 10 to 40 years and a fine up to $100,000. W. Va. Code §§ 60A-4-401(a), 60A-4-409, 60A-4-419 |
| Wisconsin | Manufacturing, distributing or delivering a controlled substance (or possessing it with intent to do so) is graded by drug and amount. Examples: heroin is a Class F felony at 3 grams or less, rising to Class C (up to 40 years) above 50 grams; cocaine is Class G at 1 gram or less, rising to Class C above 40 grams; methamphetamine is Class F at 3 grams or less, rising to Class C above 50 grams; fentanyl is Class E (up to 15 years) at 10 grams or less, Class D (up to 25 years) above 10 to 50 grams, and Class C above 50 grams; marijuana (THC) is Class I at 200 grams or less (or 4 or fewer plants), rising to Class E above 10,000 grams (or more than 200 plants). Other Schedule I and II narcotics are a Class E felony and other Schedule I-III non-narcotics a Class H felony. Wis. Stat. §§ 961.41(1), (1m), 939.50(3) |
| Wyoming | Manufacturing, delivering, or possessing with intent to manufacture or deliver methamphetamine or a Schedule I or II narcotic is punishable by up to 20 years, a fine up to $25,000, or both. Other Schedule I, II or III substances: up to 10 years, a fine up to $10,000, or both; Schedule IV: up to 2 years, up to $2,500, or both; Schedule V: up to 1 year, up to $1,000, or both. The same penalties apply to counterfeit substances. The penalty section reviewed does not set weight-based trafficking tiers. W.S. 35-7-1031(a), (b) |
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.