Penalties for Heroin Possession

Penalties for Heroin Possession

Heroin is an extremely addictive and dangerous opioid drug derived from morphine. While heroin possession and use was once treated primarily as a criminal issue in the United States, there has been a shift in recent years towards treating it more as a public health issue. However, heroin remains illegal and carrying criminal penalties in all 50 states. Let’s take a look at the typical penalties for heroin possession in the U.S., with a focus on California law.

Under federal law, heroin is classified as a Schedule I drug, meaning it has no accepted medical use and a high potential for abuse. Simple possession of any amount of heroin carries a maximum sentence of 1 year in prison and a minimum fine of $1,000 for a first offense. Penalties increase for subsequent offenses.

However, most simple heroin possession cases are prosecuted at the state level. States take varying approaches when it comes to criminalizing heroin. Some states, like California, have decriminalized the possession of small, personal-use amounts of heroin and other drugs. Others continue to treat any amount of heroin possession as a felony.

Penalties for Sales, Transportation or Trafficking

While simple possession of heroin has been downgraded to a misdemeanor under Prop 47, the sale, transportation, or trafficking of heroin remains a felony in California, carrying stiffer penalties. Some key offenses and penalties include:

• Possession of heroin for sale – felony punishable by 2-4 years in prison.
• Transportation or sale of heroin – felony punishable by 3-5 years in prison, or 3-9 years if across multiple counties.
• Possession of 1+ kilograms of heroin – additional 3-25 years added to sentence.
• Sale or furnishing heroin to a minor – additional 5 years added to sentence.

Those convicted of selling or intending to sell heroin also face large fines up to $250,000. They are ineligible for diversion programs or probation in most cases. However, an experienced drug crimes lawyer may be able to negotiate reduced charges or sentencing departures in appropriate cases.

Federal Charges for Heroin Trafficking

In addition to state prosecution, those caught trafficking relatively large quantities of heroin may also face federal heroin trafficking charges. Under federal law, penalties are based on the quantity involved:

• 100-999 grams of heroin – minimum 5 years, maximum 40 years in federal prison
• 1 kilogram or more of heroin – minimum 10 years, maximum life in prison

Federal drug cases almost always lead to lengthy mandatory minimum prison sentences upon conviction. Therefore, those facing federal heroin trafficking charges need an experienced federal criminal defense lawyer on their side.

An attorney may be able to negotiate dismissal or reduction of federal charges, pursue motions to suppress evidence, or win acquittal at trial. They can also seek safety valve relief allowing a sentence below mandatory minimums in certain cases.

Seeking Legal Help for Heroin Charges

Regardless of the specific offense, any heroin-related charge should be taken very seriously. An experienced criminal defense attorney can advise you of the options and strategies available to mitigate penalties or win dismissal of the case. For those struggling with addiction, they can also help connect you with appropriate treatment resources. Don’t wait to seek legal help if you or a loved one is facing heroin possession or trafficking charges.