See 1B1.1 (Application Instructions), Application Note 4(A). In this section, you can follow the Commissions work through the amendment cycle as priorities are set, research is performed, testimony is heard, and amendments are adopted. (a) Base Offense Level (Apply the greater): (1) 4 plus the offense level from 2D1.1 applicable to the underlying offense; or. (C) Upward Departure.In a case involving two or more chemicals used to manufacture different controlled substances, or to manufacture one controlled substance by different manufacturing processes, an upward departure may be warranted if the offense level does not adequately address the seriousness of the offense. 21a-278 (a) and (b) 8.3-3 Illegal Distribution of a Controlled Substance to a Minor -- Sec. (7) If the defendant, or a person for whose conduct the defendant is accountable under 1B1.3 (Relevant Conduct), distributed a controlled substance through mass-marketing by means of an interactive computer service, increase by 2 levels. (i) Departure Based on Concentration of Synthetic Cannabinoids.Synthetic cannabinoids are manufactured as powder or crystalline substances. 841(b)(1)(A), (b)(1)(B), or (b)(1)(C), or 21 U.S.C. For example, subsection (b)(4) would apply to a defendant who operated a web site to promote the sale of Gamma-butyrolactone (GBL) but would not apply to coconspirators who use an interactive computer service only to communicate with one another in furtherance of the offense. 10. Applicability of Subsection (b)(6).The applicability of subsection (b)(6) shall be determined without regard to the offense of conviction. Section 841 (b) lists additional facts that, if proved, trigger penalties. (a) Delivery or possession with intent to deliver methamphetamine or a substance containing methamphetamine. 1301 0 obj <>/Filter/FlateDecode/ID[<920A2081708B9645B2A500340489C3A8><5A7631C25D8D5249840661A221DD7AA6>]/Index[1285 30]/Info 1284 0 R/Length 89/Prev 661302/Root 1286 0 R/Size 1315/Type/XRef/W[1 3 1]>>stream For example, subsection (b)(7) would apply to a defendant who operated a web site to promote the sale of Gamma-hydroxybutyric Acid (GHB) but would not apply to coconspirators who use an interactive computer service only to communicate with one another in furtherance of the offense. Amended effective November 1, 1992 (amendment 447). (a) Base Offense Level (Apply the greater): (1) 3 plus the offense level from the Drug Quantity Table in 2D1.1; or. 720 ILCS 646/55. (1) If 3A1.4 (Terrorism) does not apply, increase by 6 levels. Application of Subsection (b)(2).Convictions under 21 U.S.C. WebST. For additional statutory provision(s), see Appendix A (Statutory Index). Subsections (b)(14)(C)(ii) and (D) implement, in a broader form, the instruction to the Commission in section 102 of Public Law 106310. Unlawful Possession; Attempt or Conspiracy, (1) 8, if the substance is heroin or any Schedule I or II opiate, an analogue of these, or cocaine base; or, (2) 6, if the substance is cocaine, flunitrazepam, LSD, or PCP; or. 1ST. If subsection (b)(6) applies, 5C1.2(b) does not apply. Unlawful Manufacturing, Importing, Exporting, or Trafficking (Including Possession with Intent to Commit These Offenses); Attempt or Conspiracy. 6928(d), the Federal Water Pollution Control Act, 33 U.S.C. Manufacture; distribution. At least 3 KG but less than 9 KG of a Fentanyl Analogue; 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). A grand jury indicted McDowell on one count of distribution of fentanyl resulting in death in December 2021. See 1B1.3(a)(2) (Relevant Conduct). In this example, the amount delivered more accurately reflects the scale of the offense. Where the offense level for the underlying offense is to be determined by reference to 2D1.1, see Application Note 5 of the Commentary to 2D1.1 for guidance in determining the scale of the offense. To facilitate conversions to converted drug weight, the following table is provided: 9. WebOn the other hand, possession with the intent to distribute can carry fines of tens or even hundreds of thousands of dollars and carry prison sentences of up to 25 years or more. 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. (B) Upward Departure Provision.If the defendant committed a sexual offense against more than one individual, an upward departure would be warranted. 860a or 865. 841, 960, 962, and 46 U.S.C. Application of Subsection (b)(3).Subsection (b)(3) 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. (C) Upward Departure Based on Unusually High Purity.Trafficking in controlled substances, compounds, or mixtures of unusually high purity may warrant an upward departure, except in the case of PCP, amphetamine, methamphetamine, hydrocodone, or oxycodone for which the guideline itself provides for the consideration of purity (see the footnote to the Drug Quantity Table). (1) If the offense involved unlawfully manufacturing a controlled substance, or attempting to manufacture a controlled substance unlawfully, apply 2D1.1 (Unlawful Manufacturing, Importing, Exporting, Trafficking) if the resulting offense level is greater than that determined above. (21 U.S.C. (a) Base Offense Level: the offense level applicable to the underlying offense. The converted drug weight for the Schedule V substance is subject to the cap of 2.49 kilograms set forth as the maximum converted weight for Schedule V substances (without the cap it would have been 3.75 kilograms). Background: This section implements the direction to the Commission in Section 6482 of the Anti-Drug Abuse Act of 1988. 230(f)(2)). 9. 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. At least 10 KG but less than 30 KG of Heroin; At least 3 KG but less than 10 KG of Heroin; At least 1 KG but less than 3 KG of Heroin; At least 700 G but less than 1 KG of Heroin; At least 400 G but less than 700 G of Heroin; At least 100 G but less than 400 G of Heroin; At least 80 G but less than 100 G of Heroin; At least 60 G but less than 80 G of Heroin; At least 40 G but less than 60 G of Heroin; At least 20 G but less than 40 G of Heroin; At least 10 G but less than 20 G of Heroin; At least 2.5 KG but less than 5 KG of Marihuana; At least 1 KG but less than 2.5 KG of Marihuana; 1 gm of 1-Methyl-4-phenyl-4-propionoxypiperidine/MPPP =, 1 gm of 1-(2-Phenylethyl)-4-phenyl-4-acetyloxypiperidine/PEPAP =, 1 gm of Fentanyl (N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] Propanamide) =, 1 gm of Hydromorphone/Dihydromorphinone =, 1 gm of Dextropropoxyphene/Propoxyphene-Bulk =, 1 gm of Mixed Alkaloids of Opium/Papaveretum =, 1 gm of Levo-alpha-acetylmethadol (LAAM) =, COCAINE AND OTHER SCHEDULE I AND II STIMULANTS (AND THEIR IMMEDIATE PRECURSORS)*, 1 gm Phenylacetone/P2P (when possessed for the purpose of manufacturing methamphetamine) =, 1 gm Phenylacetone/P2P (in any other case) =, SYNTHETIC CATHINONES (EXCEPT SCHEDULE III, IV, AND V SUBSTANCES)*, 1 gm of a synthetic cathinone (except a Schedule III, IV, or V substance) =, LSD, PCP, AND OTHER SCHEDULE I AND II HALLUCINOGENS (AND THEIR IMMEDIATE PRECURSORS)*, 1 gm of D-Lysergic Acid Diethylamide/Lysergide/LSD =, 1 gm of Mushrooms containing Psilocin and/or Psilocybin (Dry) =, 1 gm of Mushrooms containing Psilocin and/or Psilocybin (Wet) =, 1 gm of Phencyclidine (actual) /PCP (actual) =, 1 gm of Pyrrolidine Analog of Phencyclidine/PHP =, 1 gm of Thiophene Analog of Phencyclidine/TCP =, 1 gm of 4-Bromo-2,5-Dimethoxyamphetamine/DOB =, 1 gm of 2,5-Dimethoxy-4-methylamphetamine/DOM =, 1 gm of 3,4-Methylenedioxyamphetamine/MDA =, 1 gm of 3,4-Methylenedioxymethamphetamine/MDMA =, 1 gm of 3,4-Methylenedioxy-N-ethylamphetamine/MDEA =, 1 gm of 1-Piperidinocyclohexanecarbonitrile/PCC =, 1 gm of N-ethyl-1-phenylcyclohexylamine (PCE) =, 1 gm of Marihuana/Cannabis, granulated, powdered, etc. Such offenses interfere with the ability of others to safely access and use the area and also pose or risk a range of other harms, such as harms to the environment. If the resulting offense level is less than level 30, increase to level 30. 843(a)(6), (7), 864. 13. Application of Subsection (b)(7).For purposes of subsection (b)(7), 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. In the case of a synthetic cathinone that is not specifically referenced in this guideline, the converted drug weight for the class should be used to determine the appropriate offense level. 822(g). See 5G1.1(b). (5) If the defendant is convicted under 21 U.S.C. 843(a)(3). 841(b)(1) includes the carrier medium in which LSD is absorbed). 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. WebThis list includes all federal (not state) sentencing laws that require the judge to give the offender a mandatory minimum prison term. WebPossession with Intent to Distribute is a more serious version of Possession of a Controlled Substance. Note: Because of the statutory equivalences, the ratios in the Drug Conversion Tables do not necessarily reflect dosages based on pharmacological equivalents. (iii) The duration of the offense, and the extent of the manufacturing operation. A woman has pleaded guilty in Amarillo Federal Court for one count of "Distribution and Possession With Intent to Distribute Methamphetamine" after she was charged in late August 2022. The enhancement for weapon possession in subsection (b)(1) reflects the increased danger of violence when drug traffickers possess weapons. The Commission establishes sentencing policies and practices for the federal courts. See 1B1.2(a). Possession with intent to distribute harder drugs like methamphetamines, heroin, cocaine, PCP, LSD, Fentanyl, or concentrated THC is a Class II felony. Schedule I or II Depressants; "The offense level from 2D1.11" includes the base offense level and any applicable specific offense characteristic or cross reference; see 1B1.5 (Interpretation of References to Other Offense Guidelines). Sentencing Commission is an independent agency in the judicial branch that was created as part of the Sentencing Reform Act of 1984. 1. Structuring Chemical Transactions or Creating a Chemical Mixture to Evade Reporting or Recordkeeping Requirements; Presenting False or Fraudulent Identification to Obtain a Listed Chemical; Attempt or Conspiracy, (1) The offense level from 2D1.11 (Unlawfully Distributing, Importing, Exporting, or Possessing a Listed Chemical) if the defendant knew or believed that the chemical was to be used to manufacture a controlled substance unlawfully; or, (2) The offense level from 2D1.11 (Unlawfully Distributing, Importing, Exporting or Possessing a Listed Chemical) reduced by 3 levels if the defendant had reason to believe that the chemical was to be used to manufacture a controlled substance unlawfully; or. Background: Offenses under 21 U.S.C. Note that the Drug Quantity Table in 2D1.1 provides a minimum offense level of 12 where the offense involves heroin (or other Schedule I or II opiates), cocaine (or other Schedule I or II stimulants), cocaine base, PCP, methamphetamine, LSD (or other Schedule I or II hallucinogens), fentanyl (N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide), or fentanyl analogue (2D1.1(c)(14)); a minimum offense level of 8 where the offense involves flunitrazepam (2D1.1(c)(16)); and a minimum offense level of 6 otherwise (2D1.1(c)(17)). For example, if the applicable adjusted guideline range is 151188 months and the court determines a total punishment of 151 months is appropriate, a sentence of 130 months for the underlying offense plus 21 months for the conduct covered by 21 U.S.C. 2D1.10. Endangering Human Life While Illegally Manufacturing a Controlled Substance; Attempt or Conspiracy. A Bemidji man has pleaded guilty to possession with intent to distribute methamphetamine. Note, however, that if an adjustment from subsection (b)(3)(C) applies, do not apply 3B1.3 (Abuse of Position of Trust or Use of Special Skill). (2) If the defendant was convicted under 21 U.S.C. (K) The term Converted Drug Weight, for purposes of this guideline, refers to a nominal reference designation that is used as a conversion factor in the Drug Conversion Tables set forth in the Commentary below, to determine the offense level for controlled substances that are not specifically referenced in the Drug Quantity Table or when combining differing controlled substances. (b) Specific Offense Characteristics. WebThis video covers federal sentencing on federal drug cases that involve mandatory minimum sentences. endstream endobj startxref At least 150 KG but less than 450 KG of Cocaine; Offenses covered by this guideline may vary widely with regard to harm and risk of harm. Laws that require the judge manufacture, distribution, or possession with intent to distribute, no death or serious bodily injury results 1st offense; manufacturing, distributing, or possessing with intent to In determining the appropriate sentence, the court also may consider whether the same quantity of analogue produces a greater effect on the central nervous system than the controlled substance for which it is an analogue. 841(c)(3), (f)(1), 843(a)(4)(B), (a)(8). Application of Subsection (b)(5).If the offense involved importation of amphetamine or methamphetamine, and an adjustment from subsection (b)(3) applies, do not apply subsection(b)(5). 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. (3) If the offense involved (A) an unlawful discharge, emission, or release into the environment of a hazardous or toxic substance; or (B) the unlawful transportation, treatment, storage, or disposal of a hazardous waste, increase by 2 levels. (2) A person who violates paragraph (1) of this. Brown was indicted by a federal grand jury on May 17, 2022. 1314 0 obj <>stream 865, increase by 2 levels. If the resulting offense level is greater than level 32 and the defendant receives the 4-level ("minimal participant") reduction in 3B1.2(a), decrease to level 32. 1ST. at least 1.5 KG but less than 4.5 KG of "Ice"; When the guidelines are amended, a subsequent, In this section, you will find the Commissions comprehensive archive of yearly amendments and. Statutory Provisions: 21 U.S.C. For certain types of controlled substances, the converted drug weights assigned in the Drug Conversion Tables are capped at specified amounts (e.g., the combined converted weight of all Schedule V controlled substances shall not exceed 2.49 kilograms of converted drug weight). 1308.11(d)(31)), (ii) at least two of the following: cannabinol, cannabidiol, or cannabichromene, and (iii) fragments of plant material (such as cystolith fibers). WebThis video covers federal sentencing on federal drug cases that involve mandatory minimum sentences. (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). 6928(d), the Federal Water Pollution Control Act, 33 U.S.C. See 21 U.S.C. See 5C1.2 (Limitation on Applicability of Statutory Minimum Sentences in Certain Cases). Note that in determining the scale of the offense under 2D1.1, the quantity of both the controlled substance and listed chemical should be considered (see Application Note 5 in the Commentary to 2D1.1). Penalty for distribution or possession with intent to distribute narcotic drugs listed in Schedule I; possession of marijuana, synthetic cannabinoids, and heroin A. Subsection (b)(17) implements the directive to the Commission in section 7(2) of Public Law 111220. (3) If the defendant, or a person for whose conduct the defendant is accountable under 1B1.3 (Relevant Conduct), distributed any prohibited flask, equipment, chemical, product, or material through mass-marketing by means of an interactive computer service, increase by 2 levels. Historical Note:Effective November 1, 1987. Drug possession laws generally fall into one of two main categories: Simple possession (for personal use); and Possession with intent to distribute. He pled Historical Note: Effective November 1, 1987. 5124 (relating to violations of laws and regulations enforced by the Department of Transportation with respect to the transportation of hazardous material). U.S. District Court Judge R. David Proctor has sentenced a Lincoln man to 20 years in prison Thursday for possession with intent to distribute methamphetamine Historical Note:Effective November 1, 1987. WebFEDERAL DRUG LAWS Possession, use, or distribution of illicit drugs is prohibited by federal law. Consequently, the Commission adopted the policy that each plant is to be treated as the equivalent of an attempt to produce 100 grams of marihuana, except where the actual weight of the usable marihuana is greater. (A) Except as provided in Note (B), to calculate the base offense level in an offense that involves two or more chemicals, use the quantity of the single chemical that results in the greatest offense level, regardless of whether the chemicals are set forth in different tables or in different categories (i.e., list I or list II) under subsection (d) or (e) of this guideline, as appropriate. As large quantities are normally associated with high purities, this factor is particularly relevant where smaller quantities are involved. 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