Mandatory Minimum Sentencing of Federal Drug Offenses

"As a general rule, federal judges must impose a minimum term of imprisonment upon defendants convicted of various controlled substance (drug) offenses and drug-related offenses. The severity of those sentences depends primarily upon the nature and amount of the drugs involved, the defendant’s prior criminal record, any resulting injuries or death, and in the case of the related firearms offenses, the manner in which the firearm was used. The drug offenses reside principally in the Controlled Substances Act or the Controlled Substances Import and Export Act.

The drug-related firearms offenses involve the possession and use of firearms in connection with serious drug offenses and instances in which prior drug convictions trigger mandatory sentences for unlawful firearms possession.

The minimum sentences range from imprisonment for a year to imprisonment for life. Although the sentences are usually referred to as mandatory minimum sentences, a defendant may avoid them under several circumstances. Prosecutors may elect not to prosecute. The President may choose to pardon the defendant or commute his sentence. The defendant may qualify for sentencing for providing authorities with substantial assistance or under the so-called “safety valve” provision available to low-level, nonviolent, first-time offenders..."
Mandatory minimun sentencing