Sale and Possession of Amphetamines: Criminal Penalties and Laws

All 50 states and federal law make possession and sale of amphetamine without a valid prescription a crime. Penalties vary depending on whether a person is prosecuted under state or federal law.

This article will discuss illegal possession, sale, and distribution of amphetamines under federal law. State penalties vary considerably.

What Are Amphetamines?

Amphetamines are stimulants that typically come in pill or powder form. Common prescription names for amphetamines include Adderall® and Dexedrine®, which are used to treat ADHD and narcolepsy. Bennies, crank, ice, speed, and uppers are common street names. People who take these drugs for off-label purposes typically use them as mood enhancers and to fight off fatigue.

How Is Amphetamine Scheduled?

The federal government categorizes many amphetamines as Schedule II drugs, which are considered to have a high potential for abuse. States have their own drug schedules but generally follow federal guidelines in this area.

Given the high potential for abuse and addiction, federal and state laws place strict conditions on prescribing Schedule II drugs. Schedule II prescriptions need written authorization (no oral prescriptions) and can't be refilled. If you get caught with Schedule II pills, such as Adderall®, without a valid prescription, you may face additional federal or state criminal charges depending on how you came by the pills.

What Are the Penalties for Illegal Possession of Amphetamines?

Under federal law, possession of illegal amphetamines carries the following penalties:

• a first offense: up to a year in prison, up to a $1,000 fine, or both
• a second offense: 15 days to 2 years in prison, up to a $2,500 fine, or both, and
• a third or subsequent offense: 90 days to 3 years in prison, up to a $5,000 fine, or both.

(21 U.S.C. § 844 (2026).)

If prosecutors prove the person possessed the drugs with intent to sell them, the crime becomes a sale or distribution crime with much harsher penalties.

What Are the Penalties for Illegal Sale of Amphetamines?

Under federal law, a person convicted of illegal sale or distribution of amphetamines may face up to 20 years in prison, a $1 million fine, or both.

Illegal sale and distribution penalties apply to outright sales or attempted sales, as well as possession of the drug with the intent of selling it. For instance, the college kid caught in their dorm room with bottles of Adderall®, lots of cash, and a list of customers will have a tough time convincing a jury that the Adderall® was for personal use. Sharing the drug with another person also counts as distribution under federal law.

In the above college dorm room example, federal penalties double. Federal law doubles both the prison time and fines if a defendant commits a sale or distribution crime on or near a school, college, playground, youth center, and other specified places. If anyone dies as a result of the drug sale (from overdose or otherwise), the defendant may face life in prison.

(21 U.S.C. §§ 841(c), 860 (2026).)

What Happens If You Steal or Forge a Prescription for Amphetamines?

A person who obtains or tries to obtain amphetamines by using a fake, forged, or fraudulent prescription can face additional penalties. A first offense for prescription fraud carries up to four years in federal prison. Anyone convicted of a second offense or who has a prior felony drug conviction faces up to eight years in prison. (21 U.S.C. § 843 (2026).)

Theft of controlled substances typically falls under state law and carries felony penalties. If the person breaks into a home or pharmacy to steal the drugs, the crime becomes burglary, which can carry anywhere in the range of 10 to 30 years in prison.

Common Defenses to Amphetamine Possession and Sales Charges

Common defenses in drug possession and sales cases involve challenging the evidence, poking holes in the prosecution's case, and trying to get charges reduced. The specific facts of your case will determine which defenses may apply.

Unlawful search and seizure. The Fourth Amendment protects you from unreasonable searches. If police found drugs in your vehicle, home, or on your person without a valid warrant, probable cause, or your consent, your attorney can file a motion to suppress that evidence. Because drug cases often rely entirely on the physical evidence, suppressing it can lead to dismissed charges.

Entrapment. This defense applies if law enforcement induced or coerced you into selling drugs when you were not otherwise predisposed to commit the crime. Entrapment defenses can be difficult to prove. It’s not enough that an undercover officer offered to buy drugs. The defense must show the police applied undue pressure that forced a normally law-abiding person to act unlawfully.

Lack of knowledge or possession. The prosecution must prove you had "actual" or "constructive" possession of the drugs—meaning you knew they were present and had the power to control them. If drugs were found in a shared space or a borrowed vehicle, you might argue you had no knowledge of or control over them.

Lack of intent to distribute. Prosecutors often charge simple possession as intent to distribute based on circumstantial evidence like large sums of cash or baggies. Your defense strategy might be to prove the drugs were for personal use rather than sale and get the charges reduced.

Actual innocence. If you're innocent, you might argue that the alleged conduct didn’t occur or that someone else committed the crime. For instance, your attorney might argue you had an alibi and police got the wrong suspect.

Evidence challenges. The prosecution must prove the substance is an illegal amphetamine through chemical analysis. Defense teams can challenge the crime lab’s methodology, request independent testing, or highlight "chain of custody" issues—where evidence was mishandled, mislabeled, or improperly documented—to create reasonable doubt.

See a Lawyer

If you've been charged with illegal possession or sale of amphetamine, or any drug crime for that matter, talk to a local criminal defense lawyer or ask the court for a public defender. For federal drug charges, you’ll want to find a lawyer who defends criminal drug cases in federal court.