1ST. WebST. The terms Hydrocodone (actual) and Oxycodone (actual) refer to the weight of the controlled substance, itself, contained in the pill, capsule, or mixture. 853(q) (mandatory restitution for cleanup costs relating to the manufacture of amphetamine and methamphetamine). *Notes to Drug Quantity Table: (A) Unless otherwise specified, the weight of a controlled substance set forth in the table refers to the entire weight of any mixture or substance containing a detectable amount of the controlled substance. The total, 1.125 kilograms of converted drug weight, has an offense level of 8 in the Drug Quantity Table. In a case involving a large-scale dealer, distributor, or manufacturer, an upward departure may be warranted. Such conduct is covered by 3C1.1 (Obstructing or Impeding the Administration of Justice) and, if applicable, 2D1.1(b)(16)(D). As large quantities are normally associated with high purities, this factor is particularly relevant where smaller quantities are involved. WebPossession with Intent to Distribute is a more serious version of Possession of a Controlled Substance. The statutory penalties for distribution of more than 5 grams of methamphetamine and possession of methamphetamine with intent to distribute more than five grams of methamphetamine are not less than five years in prison and up to 40 years in prison, at least 4 years of supervised release, and up to a $5,000,000 fine. 1. The federal statute sets a maximum penalty for each crime. In this section, learn about the Commissions mission, structure, and ongoing work. 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. Unlawful Sale or Transportation of Drug Paraphernalia; Attempt or Conspiracy. 960(b)(5), and the offense of conviction establishes that death or serious bodily injury resulted from the use of the substance and that the defendant committed the offense after one or more prior convictions for a similar offense; or, (4) 26, if the defendant is convicted under 21 U.S.C. For example, subsection (b)(3) would apply to a defendant who operated a web site to promote the sale of prohibited flasks but would not apply to coconspirators who use an interactive computer service only to communicate with one another in furtherance of the offense. Statutory Provisions: 21 U.S.C. C, Amendment 396 (effective November 1, 1991). Each year, the Commission reviews and refines these policies in light of congressional action, (A) Hazardous or Toxic Substances (Subsection (b)(14)(A)).Subsection (b)(14)(A) 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. There also may be cases in which the substance involved in the offense is a mixture containing a synthetic cannabinoid diluted with an unusually high quantity of base material. At least 12 KG but less than 36 KG of Fentanyl (N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] Propanamide); Historical Note: Effective November 1, 1987. %PDF-1.7 % If the resulting offense level is less than level27, increase to level 27. If such material cannot readily be separated from the mixture or substance that appropriately is counted in the Drug Quantity Table, the court may use any reasonable method to approximate the weight of the mixture or substance to be counted. The typical case addressed by this guideline involves possession of a controlled substance by the defendant for the defendant's own consumption. Note: Because of the statutory equivalences, the ratios in the Drug Conversion Tables do not necessarily reflect dosages based on pharmacological equivalents. Statutory Provisions: 21 U.S.C. 842(a)(1), 843(a)(1), (2). The USSC HelpLine assists practitioners in applying the guidelines. Weba conviction of possession with intent to distribute carries a five year sentence for quantities of 500 grams or more. WebST. Statutory Provisions: 21 U.S.C. (ii) The defendant is convicted of selling 500 grams of marihuana (Level 6) and 10,000units of diazepam (Level 6). [Defendant] is accused of possessing [controlled substance] on or about [date] intending to distribute it to someone else. Statutory Provision: 21 U.S.C. hb```),,@( See 21 U.S.C. Statutory Provisions: 21 U.S.C. 2007). Subsection (b)(12) implements the directive to the Commission in section 6(2) of Public Law 111220. Provided, however, that if the actual weight of the marihuana is greater, use the actual weight of the marihuana. 841(a), (b)(1)-(3), (7), (g), 860a, 865, 960(a), (b); 49 U.S.C. (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). Historical Note: Effective November 1, 1987. The base offense level for each chemical is calculated separately and the chemical with the higher base offense level is used. If the resulting offense level is less than level 30, increase to level 30. Do not use this table if any more reliable estimate of the total weight is available from case-specific information. Web(1) Upon conviction of Paragraph (B)(4) or (C)(4) of this Section, possession with intent to distribute fentanyl or carfentanil or possession of fentanyl or carfentanil, the court may suspend any sentence which it imposes and place the defendant on probation pursuant to Article 893 of the Code of Criminal Procedure. (a) Delivery or possession with intent to deliver methamphetamine or a substance containing methamphetamine. (B) Upward Departure Based on Drug Quantity.In an extraordinary case, an upward departure above offense level 38 on the basis of drug quantity may be warranted. (ii) Downward Departure Based on Potency of Synthetic Cannabinoids.In the case of a synthetic cannabinoid that is not specifically referenced in this guideline, the converted drug weight for the class should be used to determine the appropriate offense level. 845b). 841 Prohibits the manufacture and distribution of, and possession with intent to distribute, controlled substances 21 U.S.C. For example, ephedrine reacts with other chemicals to form methamphetamine. To facilitate conversions to converted drug weight, the following table is provided: 9. (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). Here, the judge must impose a sentence pursuant to the Federal Sentencing Guidelines Manual without regard to any statutory minimum sentence, if the court finds 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. 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. =, 1 gm of Tetrahydrocannabinol, Synthetic =, SYNTHETIC CANNABINOIDS (EXCEPT SCHEDULE III, IV, AND V SUBSTANCES)*, 1 gm of a synthetic cannabinoid (except a Schedule III, IV, or V substance) =. Unless otherwise specified, analogue, for purposes of this guideline, has the meaning given the term controlled substance analogue in 21 U.S.C. 848, certain conduct for which the defendant has previously been sentenced may be charged as part of the instant offense to establish a "continuing series of violations." But for crack, a conviction of possession with intent to distribute carries a five year sentence for only 5 grams. In the case of a controlled substance that is not specifically referenced in this guideline, determine the base offense level using the converted drug weight of the most closely related controlled substance referenced in this guideline. Historical Note: Effective November 1, 1987. 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. (5) If (A) the offense involved the importation of amphetamine or methamphetamine or the manufacture of amphetamine or methamphetamine from listed chemicals that the defendant knew were imported unlawfully, and (B) the defendant is not subject to an adjustment under 3B1.2 (Mitigating Role), increase by 2 levels. In an offense involving an agreement to sell a controlled substance, the agreed-upon quantity of the controlled substance shall be used to determine the offense level unless the sale is completed and the amount delivered more accurately reflects the scale of the offense. Brown was indicted by a federal grand jury on May 17, 2022. (1) If (A) subsection (d)(2) does not apply; and (B) the defendant committed, or attempted to commit, a sexual offense against another individual by distributing, with or without that individual's knowledge, a controlled substance to that individual, an adjustment under 3A1.1(b)(1) shall apply. 9603(b), and 49 U.S.C. 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. 841(b)(7) (of distributing a controlled substance with intent to commit a crime of violence), apply 2X1.1 (Attempt, Solicitation, or Conspiracy) in respect to the crime of violence that the defendant committed, or attempted or intended to commit, if the resulting offense level is greater than that determined above. "Offense involved unlawfully manufacturing a controlled substance or attempting to manufacture a controlled substance unlawfully," as used in subsection (c)(1), means that the defendant, or a person for whose conduct the defendant is accountable under 1B1.3 (Relevant Conduct), completed the actions sufficient to constitute the offense of unlawfully manufacturing a controlled substance or attempting to manufacture a controlled substance unlawfully. In 1991, the Commission amended the Drug Equivalency Tables to provide for one substance, marihuana, as the single conversion factor in 2D1.1. 1. PAUL, Minn. A Bemidji man has pleaded guilty to possession with intent to distribute methamphetamine, announced United States Attorney Andrew M. Luger. 18. Except as authorized by this Part, it shall be 841(c)(1), (2), (f)(1), 865, 960(d)(1), (2), (3), (4). The enhancement for weapon possession in subsection (b)(1) reflects the increased danger of violence when drug traffickers possess weapons. 1. (H) Hashish, for the purposes of this guideline, means a resinous substance of cannabis that includes (i)one or more of the tetrahydrocannabinols (as listed in 21 C.F.R. 841 and 960 receive identical punishment based upon the quantity of the controlled substance involved, the defendants criminal history, and whether death or serious bodily injury resulted from the offense. Application of Subsection (b)(12).Subsection (b)(12) applies to a defendant who knowingly maintains a premises (i.e., a building, room, or enclosure) for the purpose of manufacturing or distributing a controlled substance, including storage of a controlled substance for the purpose of distribution. (6) If the defendant is convicted under 21 U.S.C. Historical Note: Section 2D3.5 (Violation of Recordkeeping or Reporting Requirements for Listed Chemicals and Certain Machines; Attempt or Conspiracy), effective November 1, 1991 (amendment 371), amended effective November 1, 1992 (amendment 447), was deleted by consolidation with 2D3.2 effective November 1, 1993 (amendment 481). (ii) Definitions.For purposes of subsection (b)(14)(D): Incompetent means an individual who is incapable of taking care of the individuals self or property because of a mental or physical illness or disability, mental retardation, or senility. Where there are controlled substances from more than one schedule (e.g., a quantity of a ScheduleIV substance and a quantity of a Schedule V substance), determine the converted drug weight for each schedule separately (subject to the cap, if any, applicable to that schedule). (C) Examples for Combining Differing Controlled Substances.. Use of Communication Facility in Committing Drug Offense; Attempt or Conspiracy. 4. Historical Note: Effective November 1, 1987. ` 8 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. Regulatory Offenses Involving Registration Numbers; Unlawful Advertising Relating to Scheduled Substances; Attempt or Conspiracy. The Commission serves as an information resource for Congress, the executive branch, the courts, criminal justice practitioners, the academic community, and the public. Application of Subsection (b)(14).. At least 300 G but less than 900 G of LSD; (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. Background: Because a conviction under 21 U.S.C. In a case involving 100 grams of oxymorphone, the converted drug weight would be 500 kilograms, which corresponds to a base offense level of 26 in the Drug Quantity Table. Historical Note:Effective November 1, 1987. (a) Base Offense Level (Apply the greatest): (1) 43, if the defendant is convicted under 21 U.S.C. (21 U.S.C. 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. Minor has the meaning given that term in Application Note 1 of the Commentary to 2A3.1 (Criminal Sexual Abuse). (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). (5) If the defendant is convicted under 21 U.S.C. For example, an upward departure may be warranted where the quantity is at least ten times the minimum quantity required for level 38. 822(g). Determining Quantity Based on Doses, Pills, or Capsules.If the number of doses, pills, or capsules but not the weight of the controlled substance is known, multiply the number of doses, pills, or capsules by the typical weight per dose in the table below to estimate the total weight of the controlled substance (e.g., 100 doses of Mescaline at 500milligrams per dose= 50 grams of mescaline). 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