(13) If the defendant knowingly misrepresented or knowingly marketed as another substance a mixture or substance containing fentanyl(N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide) or a fentanyl analogue, increase by 4 levels. 841, except as expressly provided. 802(32). at least 1.5 KG but less than 4.5 KG of Methamphetamine (actual), or Cases Involving Small Amount of Marihuana for No Remuneration.Distribution of a small amount of marihuana for no remuneration, 21 U.S.C. (1) Any person who assembles, maintains, places, or causes to be placed a boobytrap on Federal property where a controlled substance is being manufactured, distributed, or dispensed shall be sentenced to a term of imprisonment for not more than 10 years or fined under Title 18, or both. Classification of Controlled Substances.Certain pharmaceutical preparations are classified as Schedule III, IV, or V controlled substances by the Drug Enforcement Administration under 21 C.F.R. An upward departure nonetheless may be warranted when the mixture or substance counted in the Drug Quantity Table is combined with other, non-countable material in an unusually sophisticated manner in order to avoid detection. 865, specifying the number of months to be served consecutively for the conviction under 21 U.S.C. At least 30,000 KG but less than 90,000 KG of Converted Drug Weight. (B) Determining the Base Offense Level for Offenses involving Ephedrine, Pseudoephedrine, or Phenylpropanolamine.If the offense involves two or more chemicals each of which is set forth in the Ephedrine, Pseudoephedrine, and Phenylpropanolamine Quantity Table, (i) aggregate the quantities of all such chemicals, and (ii) determine the base offense level corresponding to the aggregate quantity. 841 Prohibits the manufacture and distribution of, and possession with intent to distribute, controlled substances 21 U.S.C. 841(b)(4), is treated as simple possession, to which 2D2.1 applies. (J) Fentanyl analogue, for the purposes of this guideline, means any substance (including any salt, isomer, or salt of isomer thereof), whether a controlled substance or not, that has a chemical structure that is similar to fentanyl (N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide). Use of Communication Facility in Committing Drug Offense; Attempt or Conspiracy. Web4.21.841 (a) (1)A Possession With Intent to Distribute a Controlled Substance, 21 U.S.C. 1111 had such killing taken place within the territorial or maritime jurisdiction of the United States, apply 2A1.1 (First Degree Murder) or 2A1.2 (Second Degree Murder), as appropriate, if the resulting offense level is greater than that determined under this guideline. Web(b) It is unlawful for any person knowingly to manufacture, distribute, advertise, or possess with intent to manufacture or distribute a look-alike substance. The purity of the controlled substance, particularly in the case of heroin, may be relevant in the sentencing process because it is probative of the defendants role or position in the chain of distribution. 2D2.2. Subsection (b)(16) implements the directive to the Commission in section 6(3) of Public Law 111220. Where the circumstances establish intended consumption by a person other than the defendant, an upward departure may be warranted. This new law made many drug possession offenses punishable as a misdemeanor only and allowed those serving time in a state prison for drug possession charges to petition the court for resentencing. 865, increase by 2 levels. Since controlled substances are often diluted and combined with other substances as they pass down the chain of distribution, the fact that a defendant is in possession of unusually pure narcotics may indicate a prominent role in the criminal enterprise and proximity to the source of the drugs. A sentence resulting from a conviction sustained prior to the last overt act of the instant offense is to be considered a prior sentence under 4A1.2(a)(1) and not part of the instant offense. PAUL, Minn. A Bemidji man has pleaded guilty to possession with intent to distribute methamphetamine, announced United States Attorney Andrew M. Luger. (ii) Find the corresponding converted drug weight in the Drug Quantity Table. (A) Definition.For purposes of this guideline, sexual offense means a sexual act or sexual contact as those terms are defined in 18 U.S.C. 1. A Pascagoula man was sentenced to 70 months in federal prison for possession with intent to distribute methamphetamine, announced U.S. Attorney Darren J. LaMarca and Special Agent in Charge Jermicha Fomby of the Federal Bureau of Investigation. WebUnlawful distribution, possession with intent to distribute, manufacture, importation and exportation, etc. Under U.S. federal law, it is a crime to distribute illegal drugs, which are referred to legally as controlled substances. 1. Historical Note: Effective November 1, 1987. 853(q) (mandatory restitution for cleanup costs relating to the manufacture of amphetamine and methamphetamine). In making this determination, the court may consider, for example, the price generally obtained for the controlled substance, financial or other records, similar transactions in controlled substances by the defendant, and the size or capability of any laboratory involved. 1ST. Possession with intent to distribute harder drugs like methamphetamines, heroin, cocaine, PCP, LSD, Fentanyl, or concentrated THC is a Class II felony. Without the cap, the combined converted weight would have been 88.48 (76 + 9.99 + 2.49) kilograms. Guidelines for the imposition, duration, and conditions of supervised release are set forth in Chapter Five, Part D (Supervised Release). 21a-278 (a) and (b) 8.3-3 Illegal Distribution of a Controlled Substance to a Minor -- Sec. The marihuana converts to 500 grams of converted drug weight. 1308.11(d)(31)), (ii) at least two of the following: cannabinol, cannabidiol, or cannabichromene, and (iii) is essentially free of plant material (e.g., plant fragments). The base offense levels in 2D1.1 are either provided directly by the Anti-Drug Abuse Act of 1986 or are proportional to the levels established by statute, and apply to all unlawful trafficking. If as part of the enterprise the defendant sanctioned the use of violence, or if the number of persons managed by the defendant was extremely large, an upward departure may be warranted. The dosage weight of LSD selected exceeds the Drug Enforcement Administrations standard dosage unit for LSD of 0.05 milligram (i.e., the quantity of actual LSD per dose) in order to assign some weight to the carrier medium. (IV) The location of the laboratory (e.g., whether the laboratory is located in a residential neighborhood or a remote area), and the number of human lives placed at substantial risk of harm. Statutory Provisions: 21 U.S.C. If no or only a few passengers were placed at risk, a downward departure may be warranted. Historical Note: Section 2D3.4 (Illegal Transfer or Transshipment of a Controlled Substance; Attempt or Conspiracy), effective November1, 1987, amended effective November 1, 1990 (amendment 359) and November 1, 1992 (amendment 447), was deleted by consolidation with 2D3.2 effective November 1, 1993 (amendment 481). 2246(2) and (3), respectively. Unlawful Manufacturing, Importing, Exporting, or Trafficking (Including Possession with Intent to Commit These Offenses); Attempt or Conspiracy. For example, subsection (a)(2) would not apply to a defendant who possessed a dangerous weapon in connection with the offense, a defendant who guarded the cache of controlled substances, a defendant who arranged for the use of the premises for the purpose of facilitating a drug transaction, a defendant who allowed the use of more than one premises, a defendant who made telephone calls to facilitate the underlying controlled substance offense, or a defendant who otherwise assisted in the commission of the underlying controlled substance offense. Certain professionals often occupy essential positions in drug trafficking schemes. If the resulting offense level is less than level 27, increase to level 27. An adjustment from Chapter Three, Part B is not authorized because the offense level of this guideline already reflects an adjustment for role in the offense. See 1B1.3(a)(2) (Relevant Conduct). Finally, subsection (a)(2) does not apply if the defendant had previously allowed any premises to be used as a drug establishment without regard to whether such prior misconduct resulted in a conviction. The adjustment in subsection (b)(1) should be applied if the weapon was present, unless it is improbable that the weapon was connected with the offense. In the case of a mixture or substance containing PCP, amphetamine, or methamphetamine, use the offense level determined by the entire weight of the mixture or substance, or the offense level determined by the weight of the PCP (actual), amphetamine (actual), or methamphetamine (actual), whichever is greater. Amended effective January 15, 1988 (amendment 22); November 1, 1989 (amendment 135); November 1, 1990 (amendment 319); November1, 1991 (amendment 421); November 1, 1992 (amendment 447); November 1, 2000 (amendment 591); November 1, 2014 (amendment 782). Historical Note: Effective November 1, 1987. The Drug Conversion Tables set forth in Application Note 8 were previously called the Drug Equivalency Tables. 18. Any person who violates this subsection (b) shall be guilty of a Class 3 felony, Section 841 (a) makes it unlawful to knowingly or intentionally possess with intent to distribute any controlled substance. In the case of a controlled substance that is not specifically referenced in the Drug Quantity Table, determine the base offense level as follows: (i) Use the Drug Conversion Tables to find the converted drug weight of the controlled substance involved in the offense. Violations of 21 U.S.C. In making this determination, the court should consider how frequently the premises was used by the defendant for manufacturing or distributing a controlled substance and how frequently the premises was used by the defendant for lawful purposes. Conversely, where the offense was not committed for pecuniary gain (e.g., transportation for the defendant's personal use), a downward departure may be warranted. Statutory Provisions: 21 U.S.C. Each year, the Commission reviews and refines these policies in light of congressional action, decisions from courts of appeals, sentencing-related research, and input from the criminal justice community. 841(b)(1)(E) or 21 U.S.C. SCHEDULE I OR II DEPRESSANTS (EXCEPT GAMMA-HYDROXYBUTYRIC ACID), 1 unit of a Schedule I or II Depressant (except gamma-hydroxybutyric acid) =, SCHEDULE III SUBSTANCES (EXCEPT KETAMINE)***, SCHEDULE IV SUBSTANCES (EXCEPT FLUNITRAZEPAM)****, 1 unit of a Schedule IV Substance (except Flunitrazepam) =, LIST I CHEMICALS (RELATING TO THE MANUFACTURE OF AMPHETAMINE OR METHAMPHETAMINE)******, DATE RAPE DRUGS (EXCEPT FLUNITRAZEPAM, GHB, OR KETAMINE). In a case involving a large-scale dealer, distributor, or manufacturer, an upward departure may be warranted. For example, a defendant agrees to sell 500 grams of cocaine, the transaction is completed by the delivery of the controlled substance actually 480 grams of cocaine, and no further delivery is scheduled. Background: Because a conviction under 21 U.S.C. 860a or 865 would achieve the total punishment in a manner that satisfies the statutory requirement of a consecutive sentence. (ii) the offense involved the manufacture of amphetamine or methamphetamine and the offense created a substantial risk of harm to (I) human life other than a life described in subdivision (D); or (II) the environment. The diazepam, a Schedule IV drug, converts to 625 grams of converted drug weight. Historical Note: Effective November 1, 1987. (A) Distributing to a Specified Individual or Involving Such an Individual in the Offense (Subsection (b)(16)(B)).If the defendant distributes a controlled substance to an individual or involves an individual in the offense, as specified in subsection (b)(16)(B), the individual is not a vulnerable victim for purposes of 3A1.1(b). (II) The manner in which hazardous or toxic substances were disposed, and the likelihood of release into the environment of hazardous or toxic substances. (A) Factors to Consider.In determining, for purposes of subsection (b)(1)(B), whether the offense created a substantial risk of harm to the life of a minor or an incompetent, the court shall include consideration of the following factors: (i) The quantity of any chemicals or hazardous or toxic substances found at the laboratory, and the manner in which the chemicals or substances were stored. (2) If the defendant had no participation in the underlying controlled substance offense other than allowing use of the premises, the offense level shall be 4 levels less than the offense level from 2D1.1 applicable to the underlying controlled substance offense, but not greater than level 26. 841(b)(1)(A), (b)(1)(B), or (b)(1)(C), or 21 U.S.C. For marihuana plants, the Commission has adopted an equivalency of 100 grams per plant, or the actual weight of the usable marihuana, whichever is greater. 841, 960, 962, and 46 U.S.C. Statutory Provision: 21 U.S.C. WebAny person who violates section 841(a)(1) of this title or section 856 of this title by distributing, possessing with intent to distribute, or manufacturing a controlled 865 would achieve the "total punishment" in a manner that satisfies the statutory requirement of a consecutive sentence. (1) If the offense involved possession of a controlled substance in a prison, correctional facility, or detention facility, apply 2P1.2 (Providing or Possessing Contraband in Prison). Webpossessing with the intent to distribute or dispense controlled substances except as otherwise authorized by the Controlled Substances Act. 21a-277 (a) and (b) 8.1-2 Sale or Possession with Intent to Sell a Controlled Substance by a Non-Drug-Dependent Person -- Sec. (5) the offense level specified in the Drug Quantity Table set forth in subsection (c), except that if (A) the defendant receives an adjustment under 3B1.2 (Mitigating Role); and (B) the base offense level under subsection (c) is (i) level 32, decrease by 2 levels; (ii) level 34 or level 36, decrease by 3 levels; or (iii) level 38, decrease by 4 levels. The Commission serves as an information resource for Congress, the executive branch, the courts, criminal justice practitioners, the academic community, and the public. Amended effective January 15, 1988 (amendment 24); November 1, 1989 (amendment 304); November 1, 1990 (amendment 321); November1, 1992 (amendment 447); September 23, 1994 (amendment 509); November 1, 1995 (amendment 514); November 1, 1997 (amendments 556 and 558); November 1, 2010 (amendments 746 and 748); November 1, 2011 (amendment 750). 1. 846 Prohibits attempts and conspiracies ` 8 In such a case, an upward departure would be warranted. (ii) The manner in which hazardous or toxic substances were disposed, and the likelihood of release into the environment of hazardous or toxic substances. 4. Historical Note: Effective November 1, 1987. The offense level for methylamine is determined by using 2D1.11. Analogues and Controlled Substances Not Referenced in this Guideline.Except as otherwise provided, any reference to a particular controlled substance in these guidelines includes all salts, isomers, all salts of isomers, and any analogue of that controlled substance. 1314 0 obj <>stream However, there may be cases in which a substantially greater quantity of a synthetic cannabinoid is needed to produce an effect on the central nervous system similar to the effect produced by a typical synthetic cannabinoid in the class, such as JWH-018 or AM-2201. 843(a)(6), (7), 864. (C) Whether a lesser or greater quantity of the controlled substance not referenced in this guideline is needed to produce a substantially similar effect on the central nervous system as a controlled substance referenced in this guideline. 6928(d), the Federal Water Pollution Control Act, 33 U.S.C. Drug Offenses Occurring Near Protected Locations or Involving Underage or Pregnant Individuals; Attempt or Conspiracy. Determining Drug Types and Drug Quantities.Types and quantities of drugs not specified in the count of conviction may be considered in determining the offense level. (B) If the offense (i) involved the manufacture of amphetamine or methamphetamine; and (ii) created a substantial risk of harm to the life of a minor or an incompetent, increase by 6 levels. Subsection (b)(2) applies if the conduct for which the defendant is accountable under 1B1.3 (Relevant Conduct) involved any discharge, emission, release, transportation, treatment, storage, or disposal violation covered by the Resource Conservation and Recovery Act, 42 U.S.C. Statutory Provisions: 21 U.S.C. [Subsection (c) (Drug Quantity Table) is set forth after subsection (e) (Special Instruction).]. Amended effective November 1, 1992 (amendment 447); November 1, 2002 (amendment 646). Typically, hashish oil is a viscous, dark colored oil, but it can vary from a dry resin to a colorless liquid. If subsection (b)(3) or (b)(5) applies, do not apply subsection (b)(16)(C). (C) In a case involving ephedrine, pseudoephedrine, or phenylpropanolamine tablets, use the weight of the ephedrine, pseudoephedrine, or phenylpropanolamine contained in the tablets, not the weight of the entire tablets, in calculating the base offense level. (A) If the offense involved (i) an unlawful discharge, emission, or release into the environment of a hazardous or toxic substance; or (ii) the unlawful transportation, treatment, storage, or disposal of a hazardous waste, increase by 2levels. 24. Regulatory Offenses Involving Registration Numbers; Unlawful Advertising Relating to Scheduled Substances; Attempt or Conspiracy. A Pascagoula man was sentenced to 70 months in federal prison for possession with intent to distribute methamphetamine, announced U.S. Attorney Darren J. LaMarca and Special Agent in Charge Jermicha Fomby of the Federal Bureau of Investigation. 865. At least 1,875,000 units but less than 5,625,000 units of Flunitrazepam; 845b). Examples of such materials include the fiberglass in a cocaine/fiberglass bonded suitcase, beeswax in a cocaine/beeswax statue, and waste water from an illicit laboratory used to manufacture a controlled substance. Placing or Maintaining Dangerous Devices on Federal Property to Protect the Unlawful Production of Controlled Substances; Attempt or Conspiracy. Distribution or intent to sell between 28-140 grams is a Class IC felony, which invokes a minimum five years and up to 50 years. The Commission collects, analyzes, and disseminates a broad array of information on federal crime and sentencing practices. 1ST. The typical case addressed by this guideline involves small-scale trafficking in drug paraphernalia (generally from a retail establishment that also sells items that are not unlawful). See 1B1.2(a). (B) Substantial Risk of Harm Associated with the Manufacture of Amphetamine and Methamphetamine (Subsection (b)(14)(C)(D)).. (A) Controlled Substances Not Referenced in Drug Quantity Table.The Commission has used the sentences provided in, and equivalences derived from, the statute (21 U.S.C. For example, the enhancement would not be applied if the defendant, arrested at the defendants residence, had an unloaded hunting rifle in the closet. 1. 13. (21 U.S.C. This guideline applies only in a case in which the defendant is convicted of a statutory violation of drug trafficking in a protected location or involving an underage or pregnant individual (including an attempt or conspiracy to commit such a violation) or in a case in which the defendant stipulated to such a statutory violation. In contrast, in a reverse sting, the agreed-upon quantity of the controlled substance would more accurately reflect the scale of the offense because the amount actually delivered is controlled by the government, not by the defendant. 994(n), by reason of a defendants substantial assistance in the investigation or prosecution of another person who has committed an offense. See 5K1.1 (Substantial Assistance to Authorities). If a mixture or substance contains more than one controlled substance, the weight of the entire mixture or substance is assigned to the controlled substance that results in the greater offense level. The offense level for P2P is determined by using 2D1.1 (P2P is listed in the Drug Conversion Table under Cocaine and Other Schedule I and II Stimulants (and their immediate precursors)). At least 600 KG but less than 1,800 KG of Hashish Oil; The enhancement also applies to offenses that are referenced to 2D1.1; see 2D1.2(a)(1) and (2), 2D1.5(a)(1), 2D1.6, 2D1.7(b)(1), 2D1.8, 2D1.11(c)(1), and 2D1.12(c)(1). 1. 841(b)(1) includes the carrier medium in which LSD is absorbed). For additional statutory provision(s), see Appendix A (Statutory Index). (12) If the defendant maintained a premises for the purpose of manufacturing or distributing a controlled substance, increase by 2levels. Application of Subsection (b)(4).For purposes of subsection (b)(4), "mass-marketing by means of an interactive computer service" means the solicitation, by means of an interactive computer service, of a large number of persons to induce those persons to purchase a controlled substance. 4. Levels30 and 24 in the Drug Quantity Table are the distinctions provided by the Anti-Drug Abuse Act; however, further refinement of drug amounts is essential to provide a logical sentencing structure for drug offenses. The base offense level corresponding to that aggregate quantity is level 30. If the offense resulted in the death or serious bodily injury of a large number of persons, such that the resulting offense level under subsection (b) would not adequately reflect the seriousness of the offense, an upward departure may be warranted. The base offense levels at levels 24 and 30 establish guideline ranges such that the statutory minimum falls within the range; e.g., level 30 ranges from 97 to 121 months, where the statutory minimum term is ten years or 120 months. Subsection (b)(12) implements the directive to the Commission in section 6(2) of Public Law 111220. But for crack, a conviction of possession with intent to distribute carries a five year sentence for only 5 grams. 2D1.7. (1) If the offense involved a controlled substance, apply 2D1.1 (Unlawful Manufacturing, Importing, Exporting, or Trafficking) or 2D2.1 (Unlawful Possession), as appropriate, if the resulting offense level is greater than that determined above. Offense ; Attempt or Conspiracy cap, the combined converted weight would have been 88.48 76., Minn. a Bemidji man has pleaded guilty to possession with intent to distribute methamphetamine announced. Which 2D2.1 applies 2246 ( 2 ) of Public Law 111220 ( a ) ( 2 ) ( restitution... 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