Possession
The penalties for possession of heroin are set forth in 21 U.S.C. § 844 (*Note: these penalties are for possession only. Possession of even a small amount will usually be charged as possession with intent to distribute):
A first conviction for possession of any amount of heroin is punishable by up to 1 year in jail, as well as a minimum fine of $1,000.
A second conviction for possession of any amount of heroin is punishable by up to a minimum time in jail of 15 days and a maximum period of 2 years, as well as a minimum fine of $2,500.
A third conviction for possession of any amount of heroin is punishable by up to a minimum time in jail of 90 days and a maximum period of 3 years, as well as a minimum fine of $5,000.
Sale
The penalties for the of sale or possession with intent to sell heroin are set forth in 21 U.S.C. § 841 (*Note: these are the penalties for the first conviction with no enhancing factors):
Sale or possession with intent to sell less than 100g of a mixture containing heroin is punishable by up to 20 years in jail, as well as a maximum fine of $1,000,000.
Sale or possession with intent to sell 100g or more but less than 1kg of a mixture containing heroin is punishable by up a minmum of 5 years in jail and a maximum of 40 years in jail, as well as a maximum fine of $2,000,000.
Sale or possession with intent to sell 1kg or more of a mixture containing heroin is punishable by up a minmum of 10 years in jail and a maximum of life in jail, as well as a maximum fine of $4,000,000.
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