CHAPTER TWO - PART D - OFFENSES INVOLVING DRUGS AND NARCO-TERRORISM
2. UNLAWFUL POSSESSION
§2D2.1. Unlawful Possession; Attempt or Conspiracy
(a) Base Offense Level:
(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
(3) 4, if the substance is any other controlled substance or a list I chemical.
(b) Cross References
(1) If the defendant is convicted of possession of more than 5 grams of a mixture or substance containing cocaine base, apply §2D1.1 (Unlawful Manufacturing, Importing, Exporting, or Trafficking) as if the defendant had been convicted of possession of that mixture or substance with intent to distribute.
(2) 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).
Historical Note: Effective November 1, 1987. Amended effective January 15, 1988 (see Appendix C, amendment 24); November 1, 1989 (see Appendix C, amendment 304); November 1, 1990 (see Appendix C, amendment 321); November 1, 1992 (see Appendix C, amendment 447); September 23, 1994 (see Appendix C, amendment 509); November 1, 1995 (see Appendix C, amendment 514); November 1, 1997 (see Appendix C, amendments 556 and 558).