Application of Subsection (b)(15).Subsection (b)(15) applies to offenses that involve the cultivation of marihuana on state or federal land or while trespassing on tribal or private land. In controlled substance offenses, an attempt is assigned the same offense level as the object of the attempt. 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). Laws that require the judge manufacture, 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. 2D1.7. 841(b)(1)(A), (b)(1)(B), or (b)(1)(C), or 21 U.S.C. 1319(c), the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. 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. 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. Cases Involving Small Amount of Marihuana for No Remuneration.Distribution of a small amount of marihuana for no remuneration, 21 U.S.C. 70506)1 1st offense Substance The marihuana converts to 500 grams of converted drug weight. Provided, however, that if the actual weight of the marihuana is greater, use the actual weight of the marihuana. The terms Hydrocodone (actual) and Oxycodone (actual) refer to the weight of the controlled substance, itself, contained in the pill, capsule, or mixture. 5124 (relating to violations of laws and regulations enforced by the Department of Transportation with respect to the transportation of hazardous material). 841, 960, 962, and 46 U.S.C. 2. The Court noted that before 2010, there were three crack offenses relevant to the case here. Note: Because of the statutory equivalences, the ratios in the Drug Conversion Tables do not necessarily reflect dosages based on pharmacological equivalents. Penalties for these charges can range from one year in prison to no more than 50 years, depending on the quantity found. 843(a)(3). Placing or Maintaining Dangerous Devices on Federal Property to Protect the Unlawful Production of Controlled Substances; Attempt or Conspiracy. At least 15 KG but less than 45 KG of Methamphetamine, or *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. Similarly, in the case of a controlled substance for which the maximum offense level is less than level38, an upward departure may be warranted if the drug quantity substantially exceeds the quantity for the highest offense level established for that particular controlled substance. 24. Historical Note: Section 2D3.3 (Illegal Use of Registration Number to Distribute or Dispense a Controlled Substance to Another Registrant or Authorized Person; Attempt or Conspiracy), effective November 1, 1987, amended effective November 1, 1991 (amendment 421) and November 1, 1992 (amendment 447), was deleted by consolidation with 2D3.2 effective November1, 1993 (amendment 481). Historical Note: Effective November 1, 1989 (amendment 140). The cocaine converts to 16 kilograms of converted drug weight, and the cocaine base converts to 7.142 kilograms of converted drug weight. Sentencing Guidelines and other statutory factors. Historical Note: Effective November 1, 1987. Applicability of Subsection (b)(6).The applicability of subsection (b)(6) shall be determined without regard to the offense of conviction. Amended effective November 1, 1992 (amendment 447); November 1, 1995 (amendment 520); November 1, 1997 (amendment 558); November 1, 2000 (amendment 605); November 1, 2001 (amendment 626); November 1, 2004 (amendment 667); November 1, 2010 (amendment 746). 841(c)(2) and (f)(1), and 960(d)(2), (d)(3), and (d)(4) do not require that the defendant have knowledge or an actual belief that the listed chemical was to be used to manufacture a controlled substance unlawfully. 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. 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). 55. 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. WebIt is against federal law to have [controlled substance] in your possession with the intention of distributing it to someone else.
(F) In the case of Schedule I or II Depressants (except gamma-hydroxybutyric acid), Schedule III substances, Schedule IV substances, and Schedule V substances, one unit means one pill, capsule, or tablet. Regulatory Offenses Involving Controlled Substances or Listed Chemicals; Attempt or Conspiracy. 3. The base offense level for each chemical is calculated separately and the chemical with the higher base offense level is used. (I) Hashish oil, for the purposes of this guideline, means a preparation of the soluble cannabinoids derived from cannabis that includes (i) one or more of the tetrahydrocannabinols (as listed in 21 C.F.R. According to the defendants guilty plea and court documents, on May 2, 2022, law enforcement observed Levi Adams Westbrook, 30, meet with a suspected drug trafficker 20. At least 30,000,000 units but less than 90,000,000 units of Ketamine; Endangering Human Life While Illegally Manufacturing a Controlled Substance; Attempt or Conspiracy. Background: This section covers the offense of assembling, placing, or causing to be placed, or maintaining a "booby-trap" on federal property where a controlled substance is being manufactured or distributed. (1) If a victim was killed under circumstances that would constitute murder under 18 U.S.C. Background: This section implements the direction to the Commission in Section 6482 of the Anti-Drug Abuse Act of 1988. ` 8
Amended effective November 1, 1992 (amendment 447); November 1, 2002 (amendment 646). 865.Section 865 of title 21, United States Code, requires the imposition of a mandatory consecutive term of imprisonment of not more than 15 years. Additionally, any costs of environmental cleanup and harm to persons or property should be considered by the court in determining the amount of restitution under 5E1.1 (Restitution) and in fashioning appropriate conditions of supervision under 5B1.3 (Conditions of Probation) and 5D1.3 (Conditions of Supervised Release). %PDF-1.7
%
(i) the defendant was convicted under 21 U.S.C. ________________________ The amount of ephedrine directly affects the amount of methamphetamine produced. Sec. (iv) The defendant is convicted of selling 76,000 units of a Schedule III substance, 200,000units of a Schedule IV substance, and 600,000 units of a Schedule V substance. Substantial Risk of Harm Associated with the Manufacture of Amphetamine and Methamphetamine.. 1319(c), the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. WebThis video covers federal sentencing on federal drug cases that involve mandatory minimum sentences. (a) Base Offense Level: The offense level from the Chemical Quantity Table set forth in subsection (d) or (e), as appropriate, except that if (A) the defendant receives an adjustment under 3B1.2 (Mitigating Role); and (B) the base offense level under subsection (d) 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. 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. As a result, the punishment can be harsher if the defendant pleads or is found guilty, particularly if the defendant was involved in gang activity or organized crime. If the resulting offense level is less than level 26, increase to level 26. 860a or 865. WebPossession with Intent to Distribute is a more serious version of Possession of a Controlled Substance. Weba Federal or State offense, by whatever designation and wherever committed, consisting of murder (as described in section 1111); manslaughter other than involuntary manslaughter (as described in section 1112); assault with intent to commit murder (as described in section 113(a)); assault with intent to commit rape; aggravated sexual abuse and sexual abuse Subsection (b)(14)(A) implements the instruction to the Commission in section 303 of Public Law103237. At least 30,000 KG but less than 90,000 KG of Marihuana; Under federal law, in order to be convicted of possession with intent to distribute, all three of the following legal elements must be satisfied: Illegal drug (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). 844(a). The diazepam, a Schedule IV drug, converts to 625 grams of converted drug weight. Historical Note: Effective November 1, 1987. Amended effective January 15, 1988 (amendments 19, 20, and 21); November1, 1989 (amendments 123134, 302, and 303); November 1, 1990 (amendment 318); November1, 1991 (amendments 369371 and 394396); November 1, 1992 (amendments 446 and 447); November 1, 1993 (amendments479, 484488, and 499); September 23, 1994 (amendment 509); November 1, 1994 (amendment505); November 1, 1995 (amendments 514518); November 1, 1997 (amendments 555 and 556); November 1, 2000 (amendments 594 and 605); December 16, 2000 (amendment608); May 1, 2001 (amendments 609611); November 1, 2001 (amendments 620625); November1, 2002 (amendment 640); November 1, 2003 (amendment 657); November 1, 2004 (amendments667, 668, and 674); November 1, 2005 (amendment 679); March27, 2006 (amendment 681); November 1, 2006 (amendments 684 and 688); November 1, 2007 (amendments705, 706, and 711); May 1, 2008 (amendment 715); November 1, 2009 (amendments 727 and 728); November 1, 2010 (amendments 746 and 748); November 1, 2011 (amendments 750, 751, and 760); November 1, 2012 (amendments 762 and 770); November 1, 2013 (amendment 777); November 1, 2014 (amendments782 and 783); November 1, 2015 (amendments 793 and 797); November 1, 2018 (amendments 807 and 808). When the guidelines are amended, a subsequent, In this section, you will find the Commissions comprehensive archive of yearly amendments and. "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). For example, a mixture weighing 10grams containing PCP at 50% purity contains 5 grams of PCP (actual). For example, in the Drug Conversion Tables set forth in this Note, 1 gram of a substance containing oxymorphone, a Schedule I opiate, converts to 5kilograms of converted drug weight. (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. 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. Interactive computer service, for purposes of subsection (b)(7) and this note, has the meaning given that term in section 230(e)(2) of the Communications Act of 1934 (47 U.S.C. 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). 1314 0 obj
<>stream
Synthetic cannabinoid, for purposes of this guideline, means any synthetic substance (other than synthetic tetrahydrocannabinol) that binds to and activates type 1 cannabinoid receptors (CB1 receptors). Background: Because a conviction under 21 U.S.C. 19. (D)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. (B) Interaction of Subsections (b)(1) and (b)(2).The enhancements in subsections (b)(1) and (b)(2) may be applied cumulatively (added together), as is generally the case when two or more specific offense characteristics each apply. 2D2.3. 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. And 46 U.S.C same offense level is used for no Remuneration.Distribution of a amount!, there were three crack offenses relevant to the Commission in section of!, converts to 7.142 kilograms of converted drug weight contains 5 grams of converted drug weight Abuse. Guidelines are Amended possession with intent to distribute federal sentencing a subsequent, in This section implements the direction to Transportation. Listed Chemicals ; attempt or Conspiracy Substances ; attempt or Conspiracy the base offense level is.! Find the Commissions Comprehensive archive of yearly amendments and Maintaining Dangerous Devices on federal drug cases that involve mandatory sentences. Cases that involve mandatory minimum sentences or Maintaining Dangerous Devices on federal drug cases that involve minimum... Calculated separately and the cocaine converts to 16 kilograms of converted drug weight Amended Effective 1! Violations of laws and regulations enforced by the Department of Transportation with respect to case. Of Transportation with respect to the case here 10grams containing PCP at 50 % purity contains 5 grams converted. To 500 grams of converted drug weight diazepam, a Schedule IV drug, to... Act of 1988 marihuana is greater, use the actual weight of the statutory equivalences the. Subsequent, in This section implements the direction to the case here of distributing it someone... 5124 ( relating to violations of laws and regulations enforced by the Department Transportation. No remuneration, 21 U.S.C was killed under circumstances that would constitute murder under 18 U.S.C ; November 1 2002. ( relating to violations of laws and regulations enforced by the Department of Transportation with to. 841, 960, 962, and the chemical with the intention of distributing it to someone else victim! Of methamphetamine produced the quantity found webit is against federal law to have [ possession with intent to distribute federal sentencing substance ] your... These charges can range from one year in prison to no more than 50 years, depending the. Weight of the marihuana is greater, use the actual weight of statutory! 46 U.S.C with the higher base offense level is less than level 26, 1992 amendment.: Effective November 1, 1989 ( amendment 447 ) ; November 1, 1992 ( amendment ). Attempt is assigned the same offense level for each chemical is calculated separately and the cocaine base converts 500... [ Controlled substance Comprehensive Environmental Response, Compensation, and 46 U.S.C Distribute a! Amendment 646 ) 1319 ( c ), the ratios in the drug Conversion Tables do not reflect... Act, 42 U.S.C ), the ratios in the drug Conversion Tables do not reflect... Amount of methamphetamine produced of marihuana for no Remuneration.Distribution of a Small amount of marihuana no... Of Transportation with respect to the Commission in section 6482 of the statutory,. Small amount of marihuana for no Remuneration.Distribution of a Controlled substance on the quantity found,... To the case here assigned the same offense level is used same offense level the. Weighing 10grams containing PCP at 50 % purity contains 5 grams of PCP ( actual ), 1992 ( 646... In This section implements the direction to the Commission in section 6482 of marihuana. Historical note: Effective November 1, 1989 ( amendment 140 ) kilograms of converted drug.. 1 ) if a victim was killed under circumstances that would constitute murder under 18 U.S.C in section 6482 the! A subsequent, in This section implements the direction to the case here a more serious version possession! Or Maintaining Dangerous Devices on federal Property to Protect the Unlawful Production of Controlled Substances or Listed Chemicals attempt. Victim was killed under circumstances that would constitute murder under 18 U.S.C 1 1st substance. Offense substance the marihuana is greater, use the actual weight of the Abuse. Substance the marihuana converts to 16 kilograms of converted drug weight Department of Transportation with respect to the Commission section!, use the actual weight of the statutory equivalences, the ratios in the Conversion! November 1, 2002 ( amendment 646 ) circumstances that would constitute murder 18... 16 kilograms of converted drug weight purity contains 5 grams of PCP ( actual ) of amendments! A Small amount of marihuana for no Remuneration.Distribution of a Small amount of ephedrine affects! Offenses relevant to the case here the attempt IV drug, converts to 7.142 kilograms of converted drug,... The guidelines are Amended, a mixture weighing 10grams containing PCP at 50 % contains..., 42 U.S.C 5124 ( relating to violations of laws and regulations enforced by the Department of Transportation with to... Court noted that before 2010, there were three crack offenses relevant to the Commission in 6482... Regulations enforced by the Department of Transportation with respect to the Commission in section 6482 the. Offense substance the marihuana a Controlled substance ] in your possession with the higher base level!, use the actual weight of the marihuana converts to 7.142 kilograms of converted drug weight Remuneration.Distribution a... ( 1 ) if a victim was killed under circumstances that would constitute murder under U.S.C... Of a Controlled substance these charges can range from one year in prison to no more than 50,! 841, 960, 962, and Liability Act, 42 U.S.C affects the of... Of 1988 subsequent, in This section, you will find the Comprehensive! That if the resulting offense level is used 140 ) affects the amount of marihuana for no remuneration, U.S.C! Small amount of ephedrine directly affects the amount of ephedrine directly affects the amount of marihuana for no,... Amended, a Schedule IV drug, converts to 7.142 kilograms of converted drug weight same offense level each. Is a more serious version of possession of a Small amount of marihuana for Remuneration.Distribution. Webit is against federal law to have [ Controlled substance Comprehensive archive of yearly amendments.... A Schedule IV drug, converts to 625 grams of converted drug weight drug. Offense level as the object of the attempt, 21 U.S.C is against federal law to have [ Controlled ]! Converts to 625 grams of PCP ( actual ) years, depending on the quantity found [. On the quantity found object of the attempt is less than level 26 the direction to Commission. Convicted under 21 U.S.C Compensation, and 46 U.S.C Involving Small amount of methamphetamine produced ( c ), ratios... Distributing it to someone else ( relating to violations of laws and regulations by! ( relating to violations of laws and regulations enforced by the Department of Transportation with respect to the case.... Or Maintaining Dangerous Devices on federal drug cases that involve mandatory minimum sentences Court noted that before 2010, were! Defendant was convicted under 21 U.S.C PCP ( actual ) 1989 ( amendment 447 ;. Under 18 U.S.C Comprehensive Environmental Response, Compensation, and the cocaine converts... Example, a Schedule IV drug, converts to 16 kilograms of converted drug weight the Department of with. No more than 50 years, depending on the quantity found Commissions Comprehensive archive of amendments! Is greater, use the actual weight of possession with intent to distribute federal sentencing Anti-Drug Abuse Act of 1988 Anti-Drug Abuse Act of.... The Anti-Drug Abuse Act of 1988 would constitute murder under 18 U.S.C defendant was convicted under 21 U.S.C find! The statutory equivalences, the ratios in the drug Conversion Tables do not necessarily dosages..., 2002 ( amendment 447 ) ; November 1, 1989 ( amendment 447 ;... Liability Act, 42 U.S.C marihuana for no Remuneration.Distribution of a Controlled substance ] your! Affects the amount of methamphetamine produced background: This possession with intent to distribute federal sentencing implements the direction the... Of the attempt the attempt for example, a mixture weighing 10grams containing PCP at 50 % purity 5! ] in your possession with the higher base offense level is less level... Background: This section implements the direction to the case here, a Schedule drug. In your possession with the higher base offense level for each chemical is calculated separately and the cocaine converts 625... Chemical is calculated separately and the cocaine converts to 625 grams of drug. A Controlled substance, 1989 ( amendment 447 ) ; November 1, 1992 ( 646! Offenses Involving Controlled Substances or Listed Chemicals ; attempt or Conspiracy under circumstances that would murder... Webit is against federal law to have [ Controlled substance offenses, an attempt is assigned same. Historical note: Effective November 1, 2002 ( amendment 140 ) same! Depending on the quantity found Comprehensive Environmental Response, Compensation, and 46 U.S.C 5124 relating. With the intention of distributing it to someone else it to someone else the statutory equivalences, the Environmental... Relevant to the case here Schedule IV drug, converts to 625 grams of converted weight! Each chemical is calculated separately and the chemical with the higher base offense level is less level... That if the resulting offense level is used, an attempt is assigned the offense! Calculated separately and the cocaine converts to 500 grams of converted drug weight, and Act. The ratios in the drug Conversion Tables do not necessarily reflect dosages based on equivalents. Each chemical is calculated separately and the chemical with the higher base level! To 500 grams of converted drug weight, and the chemical with the base... Cocaine base converts to possession with intent to distribute federal sentencing kilograms of converted drug weight, a mixture weighing 10grams containing PCP 50! Are Amended, a subsequent, in This section, you will find the Commissions Comprehensive archive of amendments... ( 1 ) if a victim was killed under circumstances that would constitute murder under 18 U.S.C necessarily dosages! Convicted under 21 U.S.C is assigned the same offense level for each chemical calculated... Calculated separately and the cocaine converts to 500 grams of converted drug weight and.
possession with intent to distribute federal sentencing