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You Need To Know

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State and Federal Drug Laws
Regarding Death or Serious Injury

Anyone who delivers a controlled substance and that person dies as a result will face the following:

It’s called:

1^st Degree Murder

2^nd Degree Murder

Reckless Homicide

Drug Induced Homicide

Drug Induced Death

Homicide by Controlled Substance

Controlled Substance Homicide

You also may face Manslaughter 1 charges if you supplied that person and were present when that person died and you did nothing to save that person’s life.

 Manslaughter in the first degree.

(1) Criminal homicide constitutes manslaughter in the first degree when:

(a) It is committed recklessly under circumstances manifesting extreme indifference to the value of human life;

States listed as UTL (Unable to Locate) are states where I was unable to locate the statute. If no state statute is available then the crime will fall under Federal mandatory penalties and sentencing guidelines.

Federal guidelines & penalties exist in all states.

If someone knows the law in a state that we were unable to locate (UTL) please contact us and we will add it

Many States have prosecuted the person under the  “Len Bias Law” or in reference to the “Len Bias Law” that sold or gave Drugs to someone that died after ingesting the Drugs.

What is the "Len Bias Law"?'

The law attaches a first-degree reckless homicide charge to persons who supply others with controlled substances leading to death. Here is the actual statute:

940.02(2)

(2) Whoever causes the death of another human being under any of the following circumstances is guilty of a Class C felony:

940.02(2)(a)

(a)    By manufacture, distribution or delivery, in violation of s. 961.41, of a controlled substance included in schedule I or II under ch. 961, of a controlled substance analog of a controlled substance included in schedule I or II under ch. 961 or of ketamine or flunitrazepam, if another human being uses the controlled substance or controlled substance analog and dies as a result of that use.

From the DEA website

The mission of the Drug Enforcement Administration (DEA) is to enforce the controlled substances laws and regulations of the United States and bring to the criminal and civil justice system of the United States, or any other competent jurisdiction, those organizations and principal members of organizations, involved in the growing, manufacture, or distribution of controlled substances appearing in or destined for illicit traffic in the United States; and to recommend and support non-enforcement programs aimed at reducing the availability of illicit controlled substances on the domestic and international markets.

Read the complete Mission Statement of the DEA at

http://www.usdoj.gov/dea/agency/mission.htm

Here are the Trafficking Penalties from the DEA website

Federal Drug Trafficking Penalties

Drug-Induced Deaths
If a person dies as the result of using a controlled substance, the person who distributes or dispenses the substance can be prosecuted for homicide.

Federal Drug Trafficking Penalties

CLASS II DRUGS AND I: LOWER AMOUNTS:

• Methamphetamine (5- 499 g or 50- 499 g mixture)
• Heroin (100- 999 g mixture)
• Cocaine (500- 4,999 g mixture)
• Cocaine Base (5- 49 g mixture)
• PCP (10- 99 g or 100- 999 g mixture)
• LSD (1- 19 g mixture)
• Fentanyl (40- 399 g mixture)
• Fentanyl Analogue (10- 99 g mixture)

First Offense -

1. Not less than 5 years. Not more than 40 years.
2. If death or serious injury, not less than 20 years. Not more than life.
3. Fine of not more than $2 million individual; $5 million other than individual.

Second Offense -

4. Not less than 10 years, not more than life.
5. If death or serious injury, not less than life.

Fine of not more than $4 million individual; $10 million other than individual.

CLASS II DRUGS AND I: HIGHER AMOUNTS:

• Methamphetamine (50 g or more or 499 g or more mixture)
• Heroin (1 kg or more mixture)
• Cocaine (5 kg or more mixture)
• Cocaine Base (50 g or more mixture)
• PCP (100 g or more or 1 kg or more mixture)
• LSD (10 g or more mixture)
• Fentanyl (400 g or more mixture)
• Fentanyl Analogue (100 g or more mixture)

First Offense -

1. Not less than 10 years. Not more than life.
2. If death or serious injury, not less than 20 years. Not more than life.
3. Fine of not more than $4 million individual; $10 million other than individual.

Second Offense -

4. Not less than 20 years. Not more than life.
5. If death or serious injury, not less than life.
6. Fine of not more than $8 million individual; $20 million other than individual.

OTHER DRUGS: ANY QUANTITY
(not including marijuana, hashish or hashish oil)

First Offense -

1. Not more than 20 years.
2. If death or serious injury, not less than 20 years. Not more than life.
3. Fine of $1 million individual; $5 million not individual.

Second Offense -

1. Not more than 30 years.
2. If death or serious injury, life.
3. Fine of $2 million individual; $10 million not individual.

OTHER DRUGS CLASS III: ANY QUANTITY

First Offense -

1. Not more than five years.
2. Fine of not more than $250,000 individual; $1 million not individual.

Second Offense -

1. Not more than 10 years.
2. Fine of not more than $500,000 individual; $2 million not individual.

OTHER DRUGS CLASS IV: ANY QUANTITY

First Offense -

1. Not more than three years.
2. Fine of not more than $250,000 individual; $1 million not individual.

Second Offense -

1. Not more than six years.
2. Fine of not more than $500,000 individual; $2 million not individual.

OTHER DRUG CLASS V: ANY QUANTITY

First Offense -

1. Not more than one year.
2. Fine of not more than $100,000 individual; $250,000 not individual.

Second Offense -

1. Not more than two years.
2. Fine not more than $200,000 individual; $500,000 not individual

MARIJUANA: 1,000 KG OR MORE; OR 1,000 OR MORE PLANTS
(mixture containing detectable quantity)

First Offense -

1. Not less than 10 years, not more than life.
2. If death or serious injury, not less than 20 years. Not more than life.
3. Fine of not more than $4 million individual; $10 million other than individual.

Second Offense -

1. Not less than 20 years, not more than life.
2. If death or serious injury, not less than life.
3. Fine of not more than $8 million individual; $20 million other than individual.

MARIJUANA: 100 KG TO 1,000 KG; OR 100-999 PLANTS
(mixture containing detectable quantity)

First Offense -

1. Not less than five years, not more than 40 years.
2. If death or serious injury, not less than 20 years. Not more than life.
3. Fine of not more than $2 million individual; $5 million other than individual.

Second Offense -

1. Not less than 10 years, not more than life.
2. If death or serious injury, not less than life.
3. Fine of not more than $4 million individual; $10 million other than individual.

MARIJUANA

• Marijuana (50 to 100 kg; or 50- 99 plants)
• Hashish (10 kg or more)
• Hashish Oil (1 kg or more)

First Offense -

1. Not more than 20 years.
2. If death or serious injury, not less than 20 years, not more than life.
3. Fine of $1 million individual; $5 million other than individual.

Second Offense -

4. Not more than 30 years.
5. If death or serious injury, life.
6. Fine of $2 million individual; $10 million other than individual.

MARIJUANA

• Marijuana (less than 50 kg)
• Hashish (less than 10 kg)