Possession of a controlled substance may become a trafficking charge if the drugs weigh enough.
It is not necessary for a trafficking charge that the drugs in question have been moved or transported at all. Possession of hashish oil, hashish, or marijuana can result in a drug trafficking charge without the drugs either crossing state lines or moving from one person to another.
The consequences of trafficking depend on factors including, but not limited to, whether it is a first offense and the substance and weight involved.*
A first offense sentence for trafficking in:
- Hashish Oil, 1 kg or less
- Hashish, 10 kg or less
- Marijuana, 1 to 49 plants; less than 50 kg mixture
Would result in:
- Not more than 5 years imprisonment
- Fine not more than $250,000, $1 million if other than individual
A second offense penalty for the same amounts would result in:
- Not more than 10 years imprisonment
- Fine $500,000 if an individual, $2 million if other than individual
Increased quantities of marijuana have stricter trafficking penalties.
A first offense sentence for trafficking in:
- Hashish oil, more than 1 kg
- Hashish, more than 10 kg
- Marijuana, 50 to 99 plants; 50 to 99 kg mixture
Would result in:
- Not more than 20 years imprisonment
- If death or serious injury, not less than 20 years, not more than life imprisonment
- Fine $1 million if an individual, $5 million if other than individual
A second offense penalty for the same amounts would result in:
- Not more than 30 years imprisonment
- If death or serious injury, mandatory life imprisonment
- Fine $2 million if an individual, $10 million if other than individual
Larger quantities or marijuana carry larger penalties. Review the full spectrum of drug amounts and penalties at the
Federal Trafficking Penalties page on the United States Drug Enforcement Administration website.
Please note that federal trafficking penalties information is provided by the United States Drug Enforcement Administration website. Because federal law may change, please visit the
Federal Trafficking Penalties at the United States Drug Enforcement Administration website for the most recent information.
*This information was provided by the Mobile County [AL] District Attorney's Office and is intended to give USA students a legal perspective on what being involved with illegal drugs can mean for their futures. Students are encouraged to be aware of this information when they make decisions about who to hang out with, where to go, and what to do. It should be noted that the legal information provided only encompasses the law of the State of Alabama.