(i) Departure Based on Concentration of Synthetic Cannabinoids.Synthetic cannabinoids are manufactured as powder or crystalline substances. 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). The Drug Conversion Tables set forth in Application Note 8 were previously called the Drug Equivalency Tables. In such a case, a downward departure may be warranted. Certain professionals often occupy essential positions in drug trafficking schemes. (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. 841 Prohibits the manufacture and distribution of, and possession with intent to distribute, controlled substances 21 U.S.C. 4. 5124 (relating to violations of laws and regulations enforced by the Department of Transportation with respect to the transportation of hazardous material). 845a), 861 (formerly 21 U.S.C. 16. 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 1. 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. Frequently, a term of supervised release to follow imprisonment is required by statute for offenses covered by this guideline. 841(b)(1)(E) or 21 U.S.C. Subsection (b)(17) implements the directive to the Commission in section 7(2) of Public Law 111220. 2D1.6. 1285 0 obj <> endobj For example, if the applicable adjusted guideline range is 151-188 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. 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. Determining Quantity of LSD.LSD on a blotter paper carrier medium typically is marked so that the number of doses (hits) per sheet readily can be determined. 7. (1) If a victim was killed under circumstances that would constitute murder under 18 U.S.C. In contrast, a downward departure may be warranted in cases involving methylone, a substance of which a greater quantity is usually needed to produce an effect on the central nervous system similar to the effect produced by a typical synthetic cathinone. ` 8 Unlawfully Distributing, Importing, Exporting or Possessing a Listed Chemical; Attempt or Conspiracy. At least 30,000,000 units but less than 90,000,000 units of 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. Subsection (b)(12) implements the directive to the Commission in section 6(2) of Public Law 111220. 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. (10) If the defendant was convicted under 21 U.S.C. 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. 9603(b), and 49 U.S.C. However, in a case in which the defendant merely possessed a dangerous weapon but did not use violence, make a credible threat to use violence, or direct the use of violence, subsection (b)(2) would not apply. Historical Note:Effective November 1, 1987. For the purposes of the guidelines, the classification of the controlled substance under 21 C.F.R. Background: This section covers the use of a communication facility in committing a drug offense. Example: The defendant was in possession of 80 grams of ephedrine and 50 grams of phenylpropanolamine, an aggregate quantity of 130 grams of such chemicals. 841(a), (b)(1)-(3), (7), (g), 860a, 865, 960(a), (b); 49 U.S.C. Where there is no drug seizure or the amount seized does not reflect the scale of the offense, the court shall approximate the quantity of the controlled substance. 6. 13. WebThis list includes all federal (not state) sentencing laws that require the judge to give the offender a mandatory minimum prison term. 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. Special sentencing provisions for possession of Flunitrazepam (Rohypnol, "roofies" or "roaches") impose a Penalties for possession with intent to distribute are potentially even more severe. 5. For example, P2P (an immediate precursor) and methylamine (a listed chemical) are used together to produce methamphetamine. Mar. (B) Whether the controlled substance not referenced in this guideline has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance referenced in this guideline. Application of Subsections (b)(1) and (b)(2).. 848 provides a 20-year minimum mandatory penalty for the first conviction, a 30-year minimum mandatory penalty for a second conviction, and a mandatory life sentence for principal administrators of extremely large enterprises. 2D1.13. In a case involving a large-scale dealer, distributor, or manufacturer, an upward departure may be warranted. (C) Examples for Combining Differing Controlled Substances.. If the resulting offense level is less than level 26, increase to level 26. 8. Certain inmates cannot petition the court for resentencing such as anyone convicted for rape or murder, or any registered sex offenders. 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. (E) In the case of an offense involving marihuana plants, treat each plant, regardless of sex, as equivalent to 100 grams of marihuana. Title 21 U.S.C. (i) the defendant was convicted under 21 U.S.C. (21 U.S.C. (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. (ii) Find the corresponding converted drug weight in the Drug Quantity Table. In a case involving such a conviction but in which only part of the relevant offense conduct directly involved a protected location or an underage or pregnant individual, subsections (a)(1) and (a)(2) may result in different offense levels. Drug possession offenses are largely handled by the states, with widely varying sentencing guidelines. Unlawful Sale or Transportation of Drug Paraphernalia; Attempt or Conspiracy. 7. The marihuana converts to 500 grams of converted drug weight. 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. 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. Knowingly or Intentionally 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. 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. 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. The enhancement should be applied if the weapon was present, unless it is clearly improbable that the weapon was connected with the offense. (C) the defendant had minimal knowledge of the scope and structure of the enterprise. 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. Laws that require the judge manufacture, (iii) The duration of the offense, and the extent of the manufacturing operation. Mixture or substance does not include materials that must be separated from the controlled substance before the controlled substance can be used. *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. WebThe most common Iowa methamphetamine offenses include possession, distribution, manufacturing, and possession with intent to distribute. 11. He pled At least 150 KG but less than 450 KG of Cocaine; 6928(d), the Federal Water Pollution Control Act, 33 U.S.C. 2D2.2. Among the factors the court should consider in determining whether the defendant maintained the premises are (A) whether the defendant held a possessory interest in (e.g., owned or rented) the premises and (B) the extent to which the defendant controlled access to, or activities at, the premises. (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. (E) Departures for Certain Cases involving Synthetic Cannabinoids.. [Subsection (c) (Drug Quantity Table) is set forth after subsection (e) (Special Instruction).]. (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. (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. WebSee Instruction 3.15. Subsection (a)(2) does not apply unless the defendant had no participation in the underlying controlled substance offense other than allowing use of the premises. A Bemidji man has pleaded guilty to possession with intent to distribute methamphetamine. increase by 3 levels. 21 U.S.C 841 Prohibits the manufacture and distribution of, and the extent of the controlled can! The quantity is at least ten times the minimum quantity required for level 38 crystalline substances methamphetamine offenses possession... I ) possession with intent to distribute federal sentencing defendant was convicted under 21 C.F.R manufacture and distribution,. The enterprise immediate precursor ) and methylamine ( a Listed Chemical ; or. 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