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. 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. 720 ILCS 646/55. (b) Specific Offense Characteristics. Violations of 21 U.S.C. 13. 1. (4) If the object of the offense was the distribution of a controlled substance in a prison, correctional facility, or detention facility, increase by 2 levels. 848 establishes that a defendant controlled and exercised authority over one of the most serious types of ongoing criminal activity, this guideline provides a minimum base offense level of 38. (B) Directly Involved in the Importation of a Controlled Substance (Subsection(b)(16)(C)).Subsection (b)(16)(C) applies if the defendant is accountable for the importation of a controlled substance under subsection (a)(1)(A) of 1B1.3 (Relevant Conduct (Factors that Determine the Guideline Range)), i.e., the defendant committed, aided, abetted, counseled, commanded, induced, procured, or willfully caused the importation of a controlled substance. See 5G1.1(b). hb```),,@( (i) Factors to Consider.In determining, for purposes of subsection (b)(14)(C)(ii) or(D), whether the offense created a substantial risk of harm to human life or the environment, 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. 14. The Commission collects, analyzes, and disseminates a broad array of information on federal crime and sentencing practices. 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. 2285 was used, or (C) the defendant acted as a pilot, copilot, captain, navigator, flight officer, or any other operation officer aboard any craft or vessel carrying a controlled substance, increase by 2 levels. 11. Historical Note: Section 2D1.3 (Distributing Controlled Substances to Individuals Younger than Twenty-One Years, to Pregnant Women, or Within 1000 Feet of a School or College), effective November 1, 1987, amended effective January15, 1988 (amendment 23), was deleted by consolidation with 2D1.2 effective November 1, 1989 (amendment 135). (a) Base Offense Level: the offense level applicable to the underlying offense. Statutory Provisions: 21 U.S.C. 802 to mean controlled substances that are falsely labeled so as to appear to have been legitimately manufactured or distributed. 2D2.2. 1314 0 obj <>stream 863 (formerly 21 U.S.C. 960(b)(1), (b)(2), or (b)(3), and the offense of conviction establishes that death or serious bodily injury resulted from the use of the substance; or, (3) 30, if the defendant is convicted under 21 U.S.C. (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. (16) If the defendant receives an adjustment under 3B1.1 (Aggravating Role) and the offense involved 1 or more of the following factors: (A) (i) the defendant used fear, impulse, friendship, affection, or some combination thereof to involve another individual in the illegal purchase, sale, transport, or storage of controlled substances, (ii) the individual received little or no compensation from the illegal purchase, sale, transport, or storage of controlled substances, and (iii) the individual had minimal knowledge of the scope and structure of the enterprise; (B) the defendant, knowing that an individual was (i) less than 18years of age, (ii) 65 or more years of age, (iii) pregnant, or (iv)unusually vulnerable due to physical or mental condition or otherwise particularly susceptible to the criminal conduct, distributed a controlled substance to that individual or involved that individual in the offense; (C) the defendant was directly involved in the importation of a controlled substance; (D) the defendant engaged in witness intimidation, tampered with or destroyed evidence, or otherwise obstructed justice in connection with the investigation or prosecution of the offense; (E) the defendant committed the offense as part of a pattern of criminal conduct engaged in as a livelihood. (See also Application Note 6.) Except as authorized by this Part, it shall be Possession with intent to distribute harder drugs like methamphetamines, heroin, cocaine, PCP, LSD, Fentanyl, or concentrated THC is a Class II felony. 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. Statutory Provisions: 21 U.S.C. 1. At the same time, the weight per dose selected is less than the weight per dose that would equate the offense level for LSD on a carrier medium with that for the same number of doses of PCP, a controlled substance that comparative assessments indicate is more likely to induce violent acts and ancillary crime than is LSD. WebIf a person has between 5 and 49 grams of pure meth, or 50 to 499 grams of a mixture, it is considered possession with intent to distribute (trafficking), and federal Historical Note:Effective November 1, 2007 (amendment 700). *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. (15) If (A) the offense involved the cultivation of marihuana on state or federal land or while trespassing on tribal or private land; and (B) the defendant receives an adjustment under 3B1.1 (Aggravating Role), increase by 2levels. The statute, however, provides direction only for the more common controlled substances, i.e., heroin, cocaine, PCP, methamphetamine, fentanyl, LSD and marihuana. 860a or 865. 5124 (relating to violations of laws and regulations enforced by the Department of Transportation with respect to the transportation of hazardous material). Frequently, a term of supervised release to follow imprisonment is required by statute for offenses covered by this guideline. PAUL, Minn. A Bemidji man has pleaded guilty to possession with intent to distribute methamphetamine, announced United States Attorney Andrew M. Luger. Each year, the Commission reviews and refines these policies in light of congressional action, 845), 860 (formerly 21 U.S.C. Renting or Managing a Drug Establishment; Attempt or Conspiracy. The diazepam, a Schedule IV drug, converts to 625 grams of converted drug weight. 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. (ii) The manner in which hazardous or toxic substances were disposed, and the likelihood of release into the environment of hazardous or toxic substances. Tables for making the necessary conversions are provided below. Manufacture; distribution. WebThis video covers federal sentencing on federal drug cases that involve mandatory minimum sentences. Drug possession laws generally fall into one of two main categories: Simple possession (for personal use); and; Possession with intent to distribute. 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. If the resulting offense level is less than level 30, increase to level 30. 2D1.2. 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. ` 8 841(c)(2) or (f)(1), or 960(d)(2), (d)(3), or (d)(4), decrease by 3 levels, unless the defendant knew or believed that the listed chemical was to be used to manufacture a controlled substance unlawfully. Unlawful Sale or Transportation of Drug Paraphernalia; Attempt or Conspiracy. 841 Prohibits the manufacture and distribution of, and possession with intent to distribute, controlled substances 21 U.S.C. Amended effective November 1, 1992 (amendment 447); December 16, 2000 (amendment 608); November 1, 2001 (amendment 620). Commissioners are nominated by the President and confirmed by the Senate. The PCP converts to 70 kilograms of converted drug weight; the LSD converts to 25 kilograms of converted drug weight. In such cases, an upward departure may be warranted. 2D3.2. SeeUSSG App. 5. 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 amount of ephedrine directly affects the amount of methamphetamine produced. For example, if the defendant, as part of the same course of conduct or common scheme or plan, sold 5 grams of heroin near a protected location and 10 grams of heroin elsewhere, the offense level from subsection (a)(1) would be level 14 (2 plus the offense level for the sale of 5 grams of heroin, the amount sold near the protected location); the offense level from subsection (a)(2) would be level 15 (1 plus the offense level for the sale of 15 grams of heroin, the total amount of heroin involved in the offense). At least 150 KG but less than 450 KG of Cocaine; 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). 1319(c), the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. 1. (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. (A) Application of Subsection (b)(1).Definitions of firearm and dangerous weapon are found in the Commentary to 1B1.1 (Application Instructions). In some cases, the enhancement under subsection (b)(14)(A) may not account adequately for the seriousness of the environmental harm or other threat to public health or safety (including the health or safety of law enforcement and cleanup personnel). (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). 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. Drug possession laws generally fall into one of two main categories: Simple possession (for personal use); and Possession with intent to distribute. 845a), 861 (formerly 21 U.S.C. The total therefore converts to 95 kilograms of converted drug weight, for which the Drug Quantity Table provides an offense level of 22. At least 30,000 KG but less than 90,000 KG of Converted Drug Weight. The statutory penalties for distribution of more than 5 grams of methamphetamine and possession of methamphetamine with intent to distribute more 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 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. This was to be expected due to the drop in the number of these charges being filed, as described above. Statutory Provision: 21 U.S.C. Background: This section covers the use of a communication facility in committing a drug offense. (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. Federal prosecutors allege one person died from a fentanyl overdose after purchasing pills that were furnished by Watson, according to the criminal complaint filed Applicability of Subsection (b)(18).The applicability of subsection (b)(18) shall be determined without regard to whether the defendant was convicted of an offense that subjects the defendant to a mandatory minimum term of imprisonment. 6928(d), the Federal Water Pollution Control Act, 33 U.S.C. Five kilograms of ephedrine result in a base offense level of level 36; 300 grams of hydriodic acid result in a base offense level of level 24. At least 300 G but less than 900 G of LSD; For example, P2P (an immediate precursor) and methylamine (a listed chemical) are used together to produce methamphetamine. Cases Involving Small Amount of Marihuana for No Remuneration.Distribution of a small amount of marihuana for no remuneration, 21 U.S.C. Determine the offense level under each guideline separately. C, Amendment 396 (effective November 1, 1991). The latter category typically carries stiffer penalties upon conviction, compared to simple possession, as the goal is to punish and deter drug Below is a sampling of state penalties pertaining to drug possession: Washington Up to five years in prison and/or a fine of up to $10,000 for possession of any amount of heroin (double penalties for subsequent offenses). 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). At least 30,000 KG but less than 90,000 KG of Marihuana; Then add the converted drug weights to determine the combined converted drug weight (subject to the cap, if any, applicable to the combined amounts). 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. UNLAWFUL MANUFACTURING, IMPORTING, EXPORTING, TRAFFICKING, OR POSSESSION; CONTINUING CRIMINAL ENTERPRISE, 2D1.1. Offenses Involving Immediate Precursors or Other Controlled Substances Covered Under 2D1.1.In certain cases, the defendant will be convicted of an offense involving a listed chemical covered under this guideline, and a related offense involving an immediate precursor or other controlled substance covered under 2D1.1 (Unlawfully Manufacturing, Importing, Exporting, or Trafficking). In this section, learn about the Commissions mission, structure, and ongoing work. 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 Statutory Provisions: 21 U.S.C. 865, specifying the number of months to be served consecutively for the conviction under 21 U.S.C. A Bemidji man has pleaded guilty to possession with intent to distribute methamphetamine. In 1991, the Commission amended the Drug Equivalency Tables to provide for one substance, marihuana, as the single conversion factor in 2D1.1. 822(g). A communication facility includes any public or private instrument used in the transmission of writing, signs, signals, pictures, and sound; e.g., telephone, wire, radio. (1) If the offense level is determined under subsection (a)(2), do not apply an adjustment under 3B1.2 (Mitigating Role). (2) 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. 6928(d), the Federal Water Pollution Control Act, 33 U.S.C. The enhancement should be applied if the weapon was present, unless it is clearly improbable that the weapon was connected with the offense. Example: The defendant was in possession of five kilograms of ephedrine and 300 grams of hydriodic acid. Amended effective November 1, 1991 (amendment 421); November1, 1992 (amendment 447); November 1, 1995 (amendment 534); November 1, 2009 (amendment 727). Placing or Maintaining Dangerous Devices on Federal Property to Protect the Unlawful Production of Controlled Substances; Attempt or Conspiracy. 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. Weight ; the LSD converts to 25 kilograms of converted drug weight possession of five kilograms of drug. 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