CHAPTER TWO - OFFENSE CONDUCT


PART D - OFFENSES INVOLVING DRUGS AND NARCO-TERRORISM

Historical Note: Effective November 1, 1987. Amended effective November 1, 2007 (see Appendix C, amendment 711).

1.UNLAWFUL MANUFACTURING, IMPORTING, EXPORTING, TRAFFICKING, OR POSSESSION; CONTINUING CRIMINAL ENTERPRISE

§2D1.1. Unlawful Manufacturing, Importing, Exporting, or Trafficking (Including Possession with Intent to Commit These Offenses); Attempt or Conspiracy

(a)Base Offense Level (Apply the greatest):

(1)43, if the defendant is convicted under 21 U.S.C. § 841(b)(1)(A), (b)(1)(B), or (b)(1)(C), or 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 and that the defendant committed the offense after one or more prior convictions for a similar offense; or

(2)38, if the defendant is convicted under 21 U.S.C. § 841(b)(1)(A), (b)(1)(B), or (b)(1)(C), or 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. § 841(b)(1)(E) or 21 U.S.C. § 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. § 841(b)(1)(E) or 21 U.S.C. § 960(b)(5), and the offense of conviction establishes that death or serious bodily injury resulted from the use of the substance; or

(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.

(b)Specific Offense Characteristics

(1)If a dangerous weapon (including a firearm) was possessed, increase by 2 levels.

(2)If the defendant unlawfully imported or exported a controlled substance under circumstances in which (A) an aircraft other than a regularly scheduled commercial air carrier was used to import or export the controlled substance, (B) a submersible vessel or semi-submersible vessel as described in 18 U.S.C. § 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. If the resulting offense level is less than level 26, increase to level 26.

(3)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.

(4)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.

(5)If the defendant is convicted under 21 U.S.C. § 865, increase by 2 levels.

(6)If the defendant, or a person for whose conduct the defendant is accountable under §1B1.3 (Relevant Conduct), distributed a controlled substance through mass-marketing by means of an interactive computer service, increase by 2 levels.

(7)If the offense involved the distribution of an anabolic steroid and a masking agent, increase by 2 levels.

(8)If the defendant distributed an anabolic steroid to an athlete, increase by 2 levels.

(9)If the defendant was convicted under 21 U.S.C. § 841(g)(1)(A), increase by 2 levels.

(10)(Apply the greatest):

(A)If the offense involved (i) an unlawful discharge, emission, or release into the environment of a hazardous or toxic substance; or (ii) the unlawful transportation, treatment, storage, or disposal of a hazardous waste, increase by 2 levels.

(B)If the defendant was convicted under 21 U.S.C. § 860a of distributing, or possessing with intent to distribute, methamphetamine on premises where a minor is present or resides, increase by 2 levels. If the resulting offense level is less than level 14, increase to level 14.

(C)If—

(i)the defendant was convicted under 21 U.S.C. § 860a of manufacturing, or possessing with intent to manufacture, methamphetamine on premises where a minor is present or resides; or

(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,

increase by 3 levels. If the resulting offense level is less than level 27, increase to level 27.

(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. If the resulting offense level is less than level 30, increase to level 30.

(11)If the defendant meets the criteria set forth in subdivisions (1)-(5) of subsection (a) of §5C1.2 (Limitation on Applicability of Statutory Minimum Sentences in Certain Cases), decrease by 2 levels.

[Subsection (c) (Drug Quantity Table) is set forth on the following pages.]

(d)Cross References

(1)If a victim was killed under circumstances that would constitute murder under 18 U.S.C. § 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.

(2)If the defendant was convicted under 21 U.S.C. § 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.

(e)Special Instruction

(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.


(c) DRUG QUANTITY TABLE

- - - -
- Controlled Substances and Quantity* Base Offense Level
- - - -
(1) ● 30 KG or more of Heroin;
● 150 KG or more of Cocaine;
● 4.5 KG or more of Cocaine Base;
● 30 KG or more of PCP, or 3 KG or more of PCP (actual);
● 15 KG or more of Methamphetamine, or 1.5 KG or more of Methamphetamine (actual), or 1.5 KG or more of "Ice";
● 15 KG or more of Amphetamine, or 1.5 KG or more of Amphetamine (actual);
● 300 G or more of LSD;
● 12 KG or more of Fentanyl;
● 3 KG or more of a Fentanyl Analogue;
● 30,000 KG or more of Marihuana;
● 6,000 KG or more of Hashish;
● 600 KG or more of Hashish Oil;
● 30,000,000 units or more of Ketamine;
● 30,000,000 units or more of Schedule I or II Depressants;
● 1,875,000 units or more of Flunitrazepam.
  Level 38
- - - -
(2) ● At least 10 KG but less than 30 KG of Heroin;
● At least 50 KG but less than 150 KG of Cocaine;
● At least 1.5 KG but less than 4.5 KG of Cocaine Base;
● At least 10 KG but less than 30 KG of PCP, or at least 1 KG but less than 3 KG of PCP (actual);
● At least 5 KG but less than 15 KG of Methamphetamine, or at least 500 G but less than 1.5 KG of Methamphetamine (actual), or at least 500 G but less than 1.5 KG of "Ice";
● At least 5 KG but less than 15 KG of Amphetamine, or at least 500 G but less than 1.5 KG of Amphetamine (actual);
● At least 100 G but less than 300 G of LSD;
● At least 4 KG but less than 12 KG of Fentanyl;
● At least 1 KG but less than 3 KG of a Fentanyl Analogue;
● At least 10,000 KG but less than 30,000 KG of Marihuana;
● At least 2,000 KG but less than 6,000 KG of Hashish;
● At least 200 KG but less than 600 KG of Hashish Oil;
● At least 10,000,000 but less than 30,000,000 units of Ketamine;
● At least 10,000,000 but less than 30,000,000 units of Schedule I or II Depressants;
● At least 625,000 but less than 1,875,000 units of Flunitrazepam.
  Level 36
- - - -
(3) ● At least 3 KG but less than 10 KG of Heroin;
● At least 15 KG but less than 50 KG of Cocaine;
● At least 500 G but less than 1.5 KG of Cocaine Base;
● At least 3 KG but less than 10 KG of PCP, or at least 300 G but less than 1 KG of PCP (actual);
● At least 1.5 KG but less than 5 KG of Methamphetamine, or at least 150 G but less than 500 G of Methamphetamine (actual), or at least 150 G but less than 500 G of "Ice";
● At least 1.5 KG but less than 5 KG of Amphetamine, or at least 150 G but less than 500 G of Amphetamine (actual);
● At least 30 G but less than 100 G of LSD;
● At least 1.2 KG but less than 4 KG of Fentanyl;
● At least 300 G but less than 1 KG of a Fentanyl Analogue;
● At least 3,000 KG but less than 10,000 KG of Marihuana;
● At least 600 KG but less than 2,000 KG of Hashish;
● At least 60 KG but less than 200 KG of Hashish Oil;
● At least 3,000,000 but less than 10,000,000 units of Ketamine;
● At least 3,000,000 but less than 10,000,000 units of Schedule I or II Depressants;
● At least 187,500 but less than 625,000 units of Flunitrazepam.
  Level 34
- - - -
(4) ● At least 1 KG but less than 3 KG of Heroin;
● At least 5 KG but less than 15 KG of Cocaine;
● At least 150 G but less than 500 G of Cocaine Base;
● At least 1 KG but less than 3 KG of PCP, or at least 100 G but less than 300 G of PCP (actual);
● At least 500 G but less than 1.5 KG of Methamphetamine, or at least 50 G but less than 150 G of Methamphetamine (actual), or at least 50 G but less than 150 G of "Ice";
● At least 500 G but less than 1.5 KG of Amphetamine, or at least 50 G but less than 150 G of Amphetamine (actual);
● At least 10 G but less than 30 G of LSD;
● At least 400 G but less than 1.2 KG of Fentanyl;
● At least 100 G but less than 300 G of a Fentanyl Analogue;
● At least 1,000 KG but less than 3,000 KG of Marihuana;
● At least 200 KG but less than 600 KG of Hashish;
● At least 20 KG but less than 60 KG of Hashish Oil;
● At least 1,000,000 but less than 3,000,000 units of Ketamine;
● At least 1,000,000 but less than 3,000,000 units of Schedule I or II Depressants;
● At least 62,500 but less than 187,500 units of Flunitrazepam.
  Level 32
- - - -
(5) ● At least 700 G but less than 1 KG of Heroin;
● At least 3.5 KG but less than 5 KG of Cocaine;
● At least 50 G but less than 150 G of Cocaine Base;
● At least 700 G but less than 1 KG of PCP, or at least 70 G but less than 100 G of PCP (actual);
● At least 350 G but less than 500 G of Methamphetamine, or at least 35 G but less than 50 G of Methamphetamine (actual), or at least 35 G but less than 50 G of "Ice";
● At least 350 G but less than 500 G of Amphetamine, or at least 35 G but less than 50 G of Amphetamine (actual);
● At least 7 G but less than 10 G of LSD;
● At least 280 G but less than 400 G of Fentanyl;
● At least 70 G but less than 100 G of a Fentanyl Analogue;
● At least 700 KG but less than 1,000 KG of Marihuana;
● At least 140 KG but less than 200 KG of Hashish;
● At least 14 KG but less than 20 KG of Hashish Oil;
● At least 700,000 but less than 1,000,000 units of Ketamine;
● At least 700,000 but less than 1,000,000 units of Schedule I or II Depressants;
● 700,000 or more units of Schedule III Hydrocodone;
● At least 43,750 but less than 62,500 units of Flunitrazepam.
  Level 30
- - - -
(6) ● At least 400 G but less than 700 G of Heroin;
● At least 2 KG but less than 3.5 KG of Cocaine;
● At least 35 G but less than 50 G of Cocaine Base;
● At least 400 G but less than 700 G of PCP, or at least 40 G but less than 70 G of PCP (actual);
● At least 200 G but less than 350 G of Methamphetamine, or at least 20 G but less than 35 G of Methamphetamine (actual), or at least 20 G but less than
35 G of "Ice";
● At least 200 G but less than 350 G of Amphetamine, or at least 20 G but less than 35 G of Amphetamine (actual);
● At least 4 G but less than 7 G of LSD;
● At least 160 G but less than 280 G of Fentanyl;
● At least 40 G but less than 70 G of a Fentanyl Analogue;
● At least 400 KG but less than 700 KG of Marihuana;
● At least 80 KG but less than 140 KG of Hashish;
● At least 8 KG but less than 14 KG of Hashish Oil;
● At least 400,000 but less than 700,000 units of Ketamine;
● At least 400,000 but less than 700,000 units of Schedule I or II Depressants;
● At least 400,000 but less than 700,000 units of Schedule III Hydrocodone;
● At least 25,000 but less than 43,750 units of Flunitrazepam.
  Level 28
- - - -
(7) ● At least 100 G but less than 400 G of Heroin;
● At least 500 G but less than 2 KG of Cocaine;
● At least 20 G but less than 35 G of Cocaine Base;
● At least 100 G but less than 400 G of PCP, or at least 10 G but less than 40 G of PCP (actual);
● At least 50 G but less than 200 G of Methamphetamine, or at least 5 G but less than 20 G of Methamphetamine (actual), or at least 5 G but less than 20 G of "Ice";
● At least 50 G but less than 200 G of Amphetamine, or at least 5 G but less than 20 G of Amphetamine (actual);
● At least 1 G but less than 4 G of LSD;
● At least 40 G but less than 160 G of Fentanyl;
● At least 10 G but less than 40 G of a Fentanyl Analogue;
● At least 100 KG but less than 400 KG of Marihuana;
● At least 20 KG but less than 80 KG of Hashish;
● At least 2 KG but less than 8 KG of Hashish Oil;
● At least 100,000 but less than 400,000 units of Ketamine;
● At least 100,000 but less than 400,000 units of Schedule I or II Depressants;
● At least 100,000 but less than 400,000 units of Schedule III Hydrocodone;
● At least 6,250 but less than 25,000 units of Flunitrazepam.
  Level 26
- - - -
(8) ● At least 80 G but less than 100 G of Heroin;
● At least 400 G but less than 500 G of Cocaine;
● At least 5 G but less than 20 G of Cocaine Base;
● At least 80 G but less than 100 G of PCP, or at least 8 G but less than 10 G of PCP (actual);
● At least 40 G but less than 50 G of Methamphetamine, or at least 4 G but less than 5 G of Methamphetamine (actual), or at least 4 G but less than 5 G of "Ice";
● At least 40 G but less than 50 G of Amphetamine, or at least 4 G but less than 5 G of Amphetamine (actual);
● At least 800 MG but less than 1 G of LSD;
● At least 32 G but less than 40 G of Fentanyl;
● At least 8 G but less than 10 G of a Fentanyl Analogue;
● At least 80 KG but less than 100 KG of Marihuana;
● At least 16 KG but less than 20 KG of Hashish;
● At least 1.6 KG but less than 2 KG of Hashish Oil;
● At least 80,000 but less than 100,000 units of Ketamine;
● At least 80,000 but less than 100,000 units of Schedule I or II Depressants;
● At least 80,000 but less than 100,000 units of Schedule III Hydrocodone;
● At least 5,000 but less than 6,250 units of Flunitrazepam.
  Level 24
- - - -
(9) ● At least 60 G but less than 80 G of Heroin;
● At least 300 G but less than 400 G of Cocaine;
● At least 4 G but less than 5 G of Cocaine Base;
● At least 60 G but less than 80 G of PCP, or at least 6 G but less than 8 G of PCP (actual);
● At least 30 G but less than 40 G of Methamphetamine, or at least 3 G but less than 4 G of Methamphetamine (actual), or at least 3 G but less than 4 G of "Ice";
● At least 30 G but less than 40 G of Amphetamine, or at least 3 G but less than 4 G of Amphetamine (actual);
● At least 600 MG but less than 800 MG of LSD;
● At least 24 G but less than 32 G of Fentanyl;
● At least 6 G but less than 8 G of a Fentanyl Analogue;
● At least 60 KG but less than 80 KG of Marihuana;
● At least 12 KG but less than 16 KG of Hashish;
● At least 1.2 KG but less than 1.6 KG of Hashish Oil;
● At least 60,000 but less than 80,000 units of Ketamine;
● At least 60,000 but less than 80,000 units of Schedule I or II Depressants;
● At least 60,000 but less than 80,000 units of Schedule III Hydrocodone;
● At least 3,750 but less than 5,000 units of Flunitrazepam.
  Level 22
- - - -
(10) ● At least 40 G but less than 60 G of Heroin;
● At least 200 G but less than 300 G of Cocaine;
● At least 3 G but less than 4 G of Cocaine Base;
● At least 40 G but less than 60 G of PCP, or at least 4 G but less than 6 G of PCP (actual);
● At least 20 G but less than 30 G of Methamphetamine, or at least 2 G but less than 3 G of Methamphetamine (actual), or at least 2 G but less than 3 G of "Ice";
● At least 20 G but less than 30 G of Amphetamine, or at least 2 G but less than 3 G of Amphetamine (actual);
● At least 400 MG but less than 600 MG of LSD;
● At least 16 G but less than 24 G of Fentanyl;
● At least 4 G but less than 6 G of a Fentanyl Analogue;
● At least 40 KG but less than 60 KG of Marihuana;
● At least 8 KG but less than 12 KG of Hashish;
● At least 800 G but less than 1.2 KG of Hashish Oil;
● At least 40,000 but less than 60,000 units of Ketamine;
● At least 40,000 but less than 60,000 units of Schedule I or II Depressants;
● At least 40,000 but less than 60,000 units of Schedule III Hydrocodone;
● 40,000 or more units of Schedule III substances (except Ketamine or Hydrocodone);
● At least 2,500 but less than 3,750 units of Flunitrazepam.
  Level 20
- - - -
(11) ● At least 20 G but less than 40 G of Heroin;
● At least 100 G but less than 200 G of Cocaine;
● At least 2 G but less than 3 G of Cocaine Base;
● At least 20 G but less than 40 G of PCP, or at least 2 G but less than 4 G of PCP (actual);
● At least 10 G but less than 20 G of Methamphetamine, or at least 1 G but less than 2 G of Methamphetamine (actual), or at least 1 G but less than 2 G of "Ice";
● At least 10 G but less than 20 G of Amphetamine, or at least 1 G but less than 2 G of Amphetamine (actual);
● At least 200 MG but less than 400 MG of LSD;
● At least 8 G but less than 16 G of Fentanyl;
● At least 2 G but less than 4 G of a Fentanyl Analogue;
● At least 20 KG but less than 40 KG of Marihuana;
● At least 5 KG but less than 8 KG of Hashish;
● At least 500 G but less than 800 G of Hashish Oil;
● At least 20,000 but less than 40,000 units of Ketamine;
● At least 20,000 but less than 40,000 units of Schedule I or II Depressants;
● At least 20,000 but less than 40,000 units of Schedule III Hydrocodone;
● At least 20,000 but less than 40,000 units of Schedule III substances (except Ketamine or Hydrocodone);
● At least 1,250 but less than 2,500 units of Flunitrazepam.
  Level 18
- - - -
(12) ● At least 10 G but less than 20 G of Heroin;
● At least 50 G but less than 100 G of Cocaine;
● At least 1 G but less than 2 G of Cocaine Base;
● At least 10 G but less than 20 G of PCP, or at least 1 G but less than 2 G of PCP (actual);
● At least 5 G but less than 10 G of Methamphetamine, or at least 500 MG but less than 1 G of Methamphetamine (actual), or at least 500 MG but less than
1 G of "Ice";
● At least 5 G but less than 10 G of Amphetamine, or at least 500 MG but less than 1 G of Amphetamine (actual);
● At least 100 MG but less than 200 MG of LSD;
● At least 4 G but less than 8 G of Fentanyl;
● At least 1 G but less than 2 G of a Fentanyl Analogue;
● At least 10 KG but less than 20 KG of Marihuana;
● At least 2 KG but less than 5 KG of Hashish;
● At least 200 G but less than 500 G of Hashish Oil;
● At least 10,000 but less than 20,000 units of Ketamine;
● At least 10,000 but less than 20,000 units of Schedule I or II Depressants;
● At least 10,000 but less than 20,000 units of Schedule III Hydrocodone;
● At least 10,000 but less than 20,000 units of Schedule III substances (except Ketamine or Hydrocodone);
● At least 625 but less than 1,250 units of Flunitrazepam.
  Level 16
- - - -
(13) ● At least 5 G but less than 10 G of Heroin;
● At least 25 G but less than 50 G of Cocaine;
● At least 500 MG but less than 1 G of Cocaine Base;
● At least 5 G but less than 10 G of PCP, or at least 500 MG but less than 1 G of PCP (actual);
● At least 2.5 G but less than 5 G of Methamphetamine, or at least 250 MG but less than 500 MG of Methamphetamine (actual), or at least 250 MG but less than 500 MG of "Ice";
● At least 2.5 G but less than 5 G of Amphetamine, or at least 250 MG but less than 500 MG of Amphetamine (actual);
● At least 50 MG but less than 100 MG of LSD;
● At least 2 G but less than 4 G of Fentanyl;
● At least 500 MG but less than 1 G of a Fentanyl Analogue;
● At least 5 KG but less than 10 KG of Marihuana;
● At least 1 KG but less than 2 KG of Hashish;
● At least 100 G but less than 200 G of Hashish Oil;
● At least 5,000 but less than 10,000 units of Ketamine;
● At least 5,000 but less than 10,000 units of Schedule I or II Depressants;
● At least 5,000 but less than 10,000 units of Schedule III Hydrocodone;
● At least 5,000 but less than 10,000 units of Schedule III substances (except Ketamine or Hydrocodone);
● At least 312 but less than 625 units of Flunitrazepam.
  Level 14
- - - -
(14) ● Less than 5 G of Heroin;
● Less than 25 G of Cocaine;
● Less than 500 MG of Cocaine Base;
● Less than 5 G of PCP, or less than 500 MG of PCP (actual);
● Less than 2.5 G of Methamphetamine, or less than 250 MG of Methamphetamine (actual), or less than 250 MG of "Ice";
● Less than 2.5 G of Amphetamine, or less than 250 MG of Amphetamine (actual);
● Less than 50 MG of LSD;
● Less than 2 G of Fentanyl;
● Less than 500 MG of a Fentanyl Analogue;
● At least 2.5 KG but less than 5 KG of Marihuana;
● At least 500 G but less than 1 KG of Hashish;
● At least 50 G but less than 100 G of Hashish Oil;
● At least 2,500 but less than 5,000 units of Ketamine;
● At least 2,500 but less than 5,000 units of Schedule I or II Depressants;
● At least 2,500 but less than 5,000 units of Schedule III Hydrocodone;
● At least 2,500 but less than 5,000 units of Schedule III substances (except Ketamine or Hydrocodone);
● At least 156 but less than 312 units of Flunitrazepam;
● 40,000 or more units of Schedule IV substances (except Flunitrazepam).
  Level 12
- - - -
(15) ● At least 1 KG but less than 2.5 KG of Marihuana;
● At least 200 G but less than 500 G of Hashish;
● At least 20 G but less than 50 G of Hashish Oil;
● At least 1,000 but less than 2,500 units of Ketamine;
● At least 1,000 but less than 2,500 units of Schedule I or II Depressants;
● At least 1,000 but less than 2,500 units of Schedule III Hydrocodone;
● At least 1,000 but less than 2,500 units of Schedule III substances (except Ketamine or Hydrocodone);
● At least 62 but less than 156 units of Flunitrazepam;
● At least 16,000 but less than 40,000 units of Schedule IV substances (except Flunitrazepam).
  Level 10
- - - -
(16) ● At least 250 G but less than 1 KG of Marihuana;
● At least 50 G but less than 200 G of Hashish;
● At least 5 G but less than 20 G of Hashish Oil;
● At least 250 but less than 1,000 units of Ketamine;
● At least 250 but less than 1,000 units of Schedule I or II Depressants;
● At least 250 but less than 1,000 units of Schedule III Hydrocodone;
● At least 250 but less than 1,000 units of Schedule III substances (except Ketamine or Hydrocodone);
● Less than 62 units of Flunitrazepam;
● At least 4,000 but less than 16,000 units of Schedule IV substances (except Flunitrazepam);
● 40,000 or more units of Schedule V substances.
  Level 8
- - - -
(17) ● Less than 250 G of Marihuana;
● Less than 50 G of Hashish;
● Less than 5 G of Hashish Oil;
● Less than 250 units of Ketamine;
● Less than 250 units of Schedule I or II Depressants;
● Less than 250 units of Schedule III Hydrocodone;
● Less than 250 units of Schedule III substances (except Ketamine or Hydrocodone);
● Less than 4,000 units of Schedule IV substances (except Flunitrazepam);
● Less than 40,000 units of Schedule V substances.
  Level 6
- - - -

*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. If a mixture or substance contains more than one controlled substance, the weight of the entire mixture or substance is assigned to the controlled substance that results in the greater offense level.

(B)The terms "PCP (actual)", "Amphetamine (actual)", and "Methamphetamine (actual)" refer to the weight of the controlled substance, itself, contained in the mixture or substance. For example, a mixture weighing 10 grams containing PCP at 50% purity contains 5 grams of PCP (actual). In the case of a mixture or substance containing PCP, amphetamine, or methamphetamine, use the offense level determined by the entire weight of the mixture or substance, or the offense level determined by the weight of the PCP (actual), amphetamine (actual), or methamphetamine (actual), whichever is greater.

The term "Oxycodone (actual)" refers to the weight of the controlled substance, itself, contained in the pill, capsule, or mixture.

(C)"Ice," for the purposes of this guideline, means a mixture or substance containing d-methamphetamine hydrochloride of at least 80% purity.

(D)"Cocaine base," for the purposes of this guideline, means "crack." "Crack" is the street name for a form of cocaine base, usually prepared by processing cocaine hydrochloride and sodium bicarbonate, and usually appearing in a lumpy, rocklike form.

(E)In the case of an offense involving marihuana plants, treat each plant, regardless of sex, as equivalent to 100 G of marihuana. Provided, however, that if the actual weight of the marihuana is greater, use the actual weight of the marihuana.:

(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. If the substance (except gamma-hydroxybutyric acid) is in liquid form, one "unit" means 0.5 ml. For an anabolic steroid that is not in a pill, capsule, tablet, or liquid form (e.g., patch, topical cream, aerosol), the court shall determine the base offense level using a reasonable estimate of the quantity of anabolic steroid involved in the offense. In making a reasonable estimate, the court shall consider that each 25 mg of an anabolic steroid is one "unit".:

(G)In the case of LSD on a carrier medium (e.g., a sheet of blotter paper), do not use the weight of the LSD/carrier medium. Instead, treat each dose of LSD on the carrier medium as equal to 0.4 mg of LSD for the purposes of the Drug Quantity Table.

(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. § 1308.11(d)(30)), (ii) at least two of the following: cannabinol, cannabidiol, or cannabichromene, and (iii) fragments of plant material (such as cystolith fibers).

(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. § 1308.11(d)(30)), (ii) at least two of the following: cannabinol, cannabidiol, or cannabichromene, and (iii) is essentially free of plant material (e.g., plant fragments). Typically, hashish oil is a viscous, dark colored oil, but it can vary from a dry resin to a colorless liquid.

Commentary

Statutory Provisions: 21 U.S.C. §§ 841(a), (b)(1)-(3), (7), (g), 860a, 865, 960(a), (b); 49 U.S.C. § 46317(b). For additional statutory provision(s), see Appendix A (Statutory Index).

Application Notes:

1."Mixture or substance" as used in this guideline has the same meaning as in 21 U.S.C. § 841, except as expressly provided. Mixture or substance does not include materials that must be separated from the controlled substance before the controlled substance can be used. 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. 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.

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.

Similarly, in the case of marihuana having a moisture content that renders the marihuana unsuitable for consumption without drying (this might occur, for example, with a bale of rain-soaked marihuana or freshly harvested marihuana that had not been dried), an approximation of the weight of the marihuana without such excess moisture content is to be used.

2.The statute and guideline also apply to "counterfeit" substances, which are defined in 21 U.S.C. § 802 to mean controlled substances that are falsely labeled so as to appear to have been legitimately manufactured or distributed.

3.Definitions of "firearm" and "dangerous weapon" are found in the Commentary to §1B1.1 (Application Instructions). The enhancement for weapon possession reflects the increased danger of violence when drug traffickers possess weapons. The adjustment should be applied if the weapon was present, unless it is clearly improbable that the weapon was connected with the offense. For example, the enhancement would not be applied if the defendant, arrested at his residence, had an unloaded hunting rifle in the closet. The enhancement also applies to offenses that are referenced to §2D1.1; see §§2D1.2(a)(1) and (2), 2D1.5(a)(1), 2D1.6, 2D1.7(b)(1), 2D1.8, 2D1.11(c)(1), 2D1.12(c)(1), and 2D2.1(b)(1).

4.Distribution of "a small amount of marihuana for no remuneration", 21 U.S.C. § 841(b)(4), is treated as simple possession, to which §2D2.1 applies.

5.Analogues and Controlled Substances Not Referenced in this Guideline.—Any reference to a particular controlled substance in these guidelines includes all salts, isomers, all salts of isomers, and, except as otherwise provided, any analogue of that controlled substance. Any reference to cocaine includes ecgonine and coca leaves, except extracts of coca leaves from which cocaine and ecgonine have been removed. For purposes of this guideline "analogue" has the meaning given the term "controlled substance analogue" in 21 U.S.C. § 802(32). 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.

In the case of a controlled substance that is not specifically referenced in this guideline, determine the base offense level using the marihuana equivalency of the most closely related controlled substance referenced in this guideline. In determining the most closely related controlled substance, the court shall, to the extent practicable, consider the following:

(A)Whether the controlled substance not referenced in this guideline has a chemical structure that is substantially similar to a controlled substance referenced in this guideline.

(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.

(C)Whether a lesser or greater quantity of the controlled substance not referenced in this guideline is needed to produce a substantially similar effect on the central nervous system as a controlled substance referenced in this guideline.

6.Where there are multiple transactions or multiple drug types, the quantities of drugs are to be added. Tables for making the necessary conversions are provided below.

7.Where a mandatory (statutory) minimum sentence applies, this mandatory minimum sentence may be "waived" and a lower sentence imposed (including a downward departure), as provided in 28 U.S.C. § 994(n), by reason of a defendant’s "substantial assistance in the investigation or prosecution of another person who has committed an offense." See §5K1.1 (Substantial Assistance to Authorities). In addition, 18 U.S.C. § 3553(f) provides an exception to the applicability of mandatory minimum sentences in certain cases. See §5C1.2 (Limitation on Applicability of Statutory Minimum Sentences in Certain Cases).

8.Interaction with §3B1.3.—A defendant who used special skills in the commission of the offense may be subject to an adjustment under §3B1.3 (Abuse of Position of Trust or Use of Special Skill). Certain professionals often occupy essential positions in drug trafficking schemes. These professionals include doctors, pilots, boat captains, financiers, bankers, attorneys, chemists, accountants, and others whose special skill, trade, profession, or position may be used to significantly facilitate the commission of a drug offense. Additionally, an enhancement under §3B1.3 ordinarily would apply in a case in which the defendant used his or her position as a coach to influence an athlete to use an anabolic steroid.

Note, however, that if an adjustment from subsection (b)(2)(C) applies, do not apply §3B1.3 (Abuse of Position of Trust or Use of Special Skill).

9.Trafficking in controlled substances, compounds, or mixtures of unusually high purity may warrant an upward departure, except in the case of PCP, amphetamine, methamphetamine, or oxycodone for which the guideline itself provides for the consideration of purity (see the footnote to the Drug Quantity Table). The purity of the controlled substance, particularly in the case of heroin, may be relevant in the sentencing process because it is probative of the defendant’s role or position in the chain of distribution. Since controlled substances are often diluted and combined with other substances as they pass down the chain of distribution, the fact that a defendant is in possession of unusually pure narcotics may indicate a prominent role in the criminal enterprise and proximity to the source of the drugs. As large quantities are normally associated with high purities, this factor is particularly relevant where smaller quantities are involved.

10.Use of Drug Equivalency Tables.—

(A)Controlled Substances Not Referenced in Drug Quantity Table.—The Commission has used the sentences provided in, and equivalences derived from, the statute (21 U.S.C. § 841(b)(1)), as the primary basis for the guideline sentences. The statute, however, provides direction only for the more common controlled substances, i.e., heroin, cocaine, PCP, methamphetamine, fentanyl, LSD and marihuana. 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 Equivalency Tables to convert the quantity of the controlled substance involved in the offense to its equivalent quantity of marihuana.

(ii)Find the equivalent quantity of marihuana in the Drug Quantity Table.

(iii)Use the offense level that corresponds to the equivalent quantity of marihuana as the base offense level for the controlled substance involved in the offense.

(See also Application Note 5.) For example, in the Drug Equivalency Tables set forth in this Note, 1 gm of a substance containing oxymorphone, a Schedule I opiate, converts to an equivalent quantity of 5 kg of marihuana. In a case involving 100 gm of oxymorphone, the equivalent quantity of marihuana would be 500 kg, which corresponds to a base offense level of 28 in the Drug Quantity Table.

(B)Combining Differing Controlled Substances (Except Cocaine Base).—The Drug Equivalency Tables also provide a means for combining differing controlled substances to obtain a single offense level. In each case, convert each of the drugs to its marihuana equivalent, add the quantities, and look up the total in the Drug Quantity Table to obtain the combined offense level. To determine a single offense level in a case involving cocaine base and other controlled substances, see subdivision (D) of this note.

For certain types of controlled substances, the marihuana equivalencies in the Drug Equivalency Tables are "capped" at specified amounts (e.g., the combined equivalent weight of all Schedule V controlled substances shall not exceed 999 grams of marihuana). Where there are controlled substances from more than one schedule (e.g., a quantity of a Schedule IV substance and a quantity of a Schedule V substance), determine the marihuana equivalency for each schedule separately (subject to the cap, if any, applicable to that schedule). Then add the marihuana equivalencies to determine the combined marihuana equivalency (subject to the cap, if any, applicable to the combined amounts).

Note: Because of the statutory equivalences, the ratios in the Drug Equivalency Tables do not necessarily reflect dosages based on pharmacological equivalents.

(C)Examples for Combining Differing Controlled Substances (Except Cocaine Base).—

(i)The defendant is convicted of selling 70 grams of a substance containing PCP (Level 22) and 250 milligrams of a substance containing LSD (Level 18). The PCP converts to 70 kilograms of marihuana; the LSD converts to 25 kilograms of marihuana. The total is therefore equivalent to 95 kilograms of marihuana, for which the Drug Quantity Table provides an offense level of 24.

(ii)The defendant is convicted of selling 500 grams of marihuana (Level 8) and five kilograms of diazepam (Level 8). The diazepam, a Schedule IV drug, is equivalent to 625 grams of marihuana. The total, 1.125 kilograms of marihuana, has an offense level of 10 in the Drug Quantity Table.

(iii)The defendant is convicted of selling 80 grams of cocaine (Level 16) and five kilograms of marihuana (Level 14). The cocaine is equivalent to 16 kilograms of marihuana. The total is therefore equivalent to 21 kilograms of marihuana, which has an offense level of 18 in the Drug Quantity Table.

(iv)The defendant is convicted of selling 56,000 units of a Schedule III substance, 100,000 units of a Schedule IV substance, and 200,000 units of a Schedule V substance. The marihuana equivalency for the Schedule III substance is 56 kilograms of marihuana (below the cap of 59.99 kilograms of marihuana set forth as the maximum equivalent weight for Schedule III substances). The marihuana equivalency for the Schedule IV substance is subject to a cap of 4.99 kilograms of marihuana set forth as the maximum equivalent weight for Schedule IV substances (without the cap it would have been 6.25 kilograms). The marihuana equivalency for the Schedule V substance is subject to the cap of 999 grams of marihuana set forth as the maximum equivalent weight for Schedule V substances (without the cap it would have been 1.25 kilograms). The combined equivalent weight, determined by adding together the above amounts, is subject to the cap of 59.99 kilograms of marihuana set forth as the maximum combined equivalent weight for Schedule III, IV, and V substances. Without the cap, the combined equivalent weight would have been 61.99 (56 + 4.99 + .999) kilograms.

(D)Determining Base Offense Level in Offenses Involving Cocaine Base and Other Controlled Substances.—

(i)In General.—Except as provided in subdivision (ii), if the offense involves cocaine base ("crack") and one or more other controlled substance, determine the combined offense level as provided by subdivision (B) of this note, and reduce the combined offense level by 2 levels.

(ii)Exceptions to 2-level Reduction.—The 2-level reduction provided in subdivision (i) shall not apply in a case in which:

(I)the offense involved 4.5 kg or more, or less than 250 mg, of cocaine base; or

(II)the 2-level reduction results in a combined offense level that is less than the combined offense level that would apply under subdivision (B) of this note if the offense involved only the other controlled substance(s) (i.e., the controlled substance(s) other than cocaine base).

(iii)Examples.—

(I)The case involves 20 gm of cocaine base, 1.5 kg of cocaine, and 10 kg of marihuana. Under the Drug Equivalency Tables in subdivision (E) of this note, 20 gm of cocaine base converts to 400 kg of marihuana (20 gm x 20 kg = 400 kg), and 1.5 kg of cocaine converts to 300 kg of marihuana (1.5 kg x 200 gm = 300 kg), which, when added to the 10 kg of marihuana results in a combined equivalent quantity of 710 kg of marihuana. Under the Drug Quantity Table, 710 kg of marihuana corresponds to a combined offense level of 30, which is reduced by two levels to level 28. For the cocaine and marihuana, their combined equivalent quantity of 310 kg of marihuana corresponds to a combined offense level of 26 under the Drug Quantity Table. Because the combined offense level for all three drug types after the 2-level reduction is not less than the combined base offense level for the cocaine and marihuana, the combined offense level for all three drug types remains level 28.

(II)The case involves 5 gm of cocaine base and 6 kg of heroin. Under the Drug Equivalency Tables in subdivision (E) of this note, 5 gm of cocaine base converts to 100 kg of marihuana (5 gm x 20 kg = 100 kg), and 6 kg of heroin converts to 6,000 kg of marihuana (6,000 gm x 1 kg = 6,000 kg), which, when added together results in a combined equivalent quantity of 6,100 kg of marihuana. Under the Drug Quantity Table, 6,100 kg of marihuana corresponds to a combined offense level of 34, which is reduced by two levels to 32. For the heroin, the 6,000 kg of marihuana corresponds to an offense level 34 under the Drug Quantity Table. Because the combined offense level for the two drug types after the 2-level reduction is less than the offense level for the heroin, the reduction does not apply and the combined offense level for the two drugs remains level 34.

(E)Drug Equivalency Tables.—

- -
Schedule I or II Opiates* -
- -
1 gm of Heroin = 1 kg of marihuana
1 gm of Alpha-Methylfentanyl = 10 kg of marihuana
1 gm of Dextromoramide = 670 gm of marihuana
1 gm of Dipipanone = 250 gm of marihuana
1 gm of 3-Methylfentanyl = 10 kg of marihuana
1 gm of 1-Methyl-4-phenyl-4-propionoxypiperidine/MPPP = 700 gm of marihuana
1 gm of 1-(2-Phenylethyl)-4-phenyl-4-acetyloxypiperidine/PEPAP = 700 gm of marihuana
1 gm of Alphaprodine = 100 gm of marihuana
1 gm of Fentanyl (N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] Propanamide) = 2.5 kg of marihuana
1 gm of Hydromorphone/Dihydromorphinone = 2.5 kg of marihuana
1 gm of Meperidine/Pethidine = 50 gm of marihuana
1 gm of Methadone = 500 gm of marihuana
1 gm of 6-Monoacetylmorphine = 1 kg of marihuana
1 gm of Morphine = 500 gm of marihuana
1 gm of Oxycodone (actual) = 6700 gm of marihuana
1 gm of Oxymorphone = 5 kg of marihuana
1 gm of Racemorphan = 800 gm of marihuana
1 gm of Codeine = 80 gm of marihuana
1 gm of Dextropropoxyphene/Propoxyphene-Bulk = 50 gm of marihuana
1 gm of Ethylmorphine = 165 gm of marihuana
1 gm of Hydrocodone/Dihydrocodeinone = 500 gm of marihuana
1 gm of Mixed Alkaloids of Opium/Papaveretum = 250 gm of marihuana
1 gm of Opium = 50 gm of marihuana
1 gm of Levo-alpha-acetylmethadol (LAAM)= 3 kg of marihuana
   
*Provided, that the minimum offense level from the Drug Quantity Table for any of these controlled substances individually, or in combination with another controlled substance, is level 12.
   
Cocaine and Other Schedule I and II Stimulants (and their immediate precursors)*
   
1 gm of Cocaine = 200 gm of marihuana
1 gm of N-Ethylamphetamine = 80 gm of marihuana
1 gm of Fenethylline = 40 gm of marihuana
1 gm of Amphetamine = 2 kg of marihuana
1 gm of Amphetamine (Actual) = 20 kg of marihuana
1 gm of Methamphetamine = 2 kg of marihuana
1 gm of Methamphetamine (Actual) = 20 kg of marihuana
1 gm of "Ice" = 20 kg of marihuana
1 gm of Khat = .01 gm of marihuana
1 gm of 4-Methylaminorex ("Euphoria")= 100 gm of marihuana
1 gm of Methylphenidate (Ritalin)= 100 gm of marihuana
1 gm of Phenmetrazine = 80 gm of marihuana
1 gm Phenylacetone/P2P (when possessed for the purpose
of manufacturing methamphetamine) =
416 gm of marihuana
1 gm Phenylacetone/P2P (in any other case) = 75 gm of marihuana
1 gm Cocaine Base (‘Crack’) = 20 kg of marihuana
1 gm of Aminorex = 100 gm of marihuana
1 gm of Methcathinone = 380 gm of marihuana
1 gm of N-N-Dimethylamphetamine = 40 gm of marihuana
   
*Provided, that the minimum offense level from the Drug Quantity Table for any of these controlled substances individually, or in combination with another controlled substance, is level 12.
   
LSD, PCP, and Other Schedule I and II Hallucinogens (and their immediate precursors)*
   
1 gm of Bufotenine = 70 gm of marihuana
1 gm of D-Lysergic Acid Diethylamide/Lysergide/LSD = 100 kg of marihuana
1 gm of Diethyltryptamine/DET = 80 gm of marihuana
1 gm of Dimethyltryptamine/DMT = 100 gm of marihuana
1 gm of Mescaline = 10 gm of marihuana
1 gm of Mushrooms containing Psilocin and/or Psilocybin (Dry) = 1 gm of marihuana
1 gm of Mushrooms containing Psilocin and/or Psilocybin (Wet) = 0.1 gm of marihuana
1 gm of Peyote (Dry) = 0.5 gm of marihuana
1 gm of Peyote (Wet) = 0.05 gm of marihuana
1 gm of Phencyclidine/PCP = 1 kg of marihuana
1 gm of Phencyclidine (actual) /PCP (actual) = 10 kg of marihuana
1 gm of Psilocin = 500 gm of marihuana
1 gm of Psilocybin = 500 gm of marihuana
1 gm of Pyrrolidine Analog of Phencyclidine/PHP = 1 kg of marihuana
1 gm of Thiophene Analog of Phencyclidine/TCP = 1 kg of marihuana
1 gm of 4-Bromo-2,5-Dimethoxyamphetamine/DOB = 2.5 kg of marihuana
1 gm of 2,5-Dimethoxy-4-methylamphetamine/DOM = 1.67 kg of marihuana
1 gm of 3,4-Methylenedioxyamphetamine/MDA = 500 gm of marihuana
1 gm of 3,4-Methylenedioxymethamphetamine/MDMA = 500 gm of marihuana
1 gm of 3,4-Methylenedioxy-N-ethylamphetamine/MDEA= 500 gm of marihuana
1 gm of Paramethoxymethamphetamine/PMA = 500 gm of marihuana
1 gm of 1-Piperidinocyclohexanecarbonitrile/PCC = 680 gm of marihuana
1 gm of N-ethyl-1-phenylcyclohexylamine (PCE) = 1 kg of marihuana
   
*Provided, that the minimum offense level from the Drug Quantity Table for any of these controlled substances individually, or in combination with another controlled substance, is level 12.
   
Schedule I Marihuana  
   
1 gm of Marihuana/Cannabis, granulated, powdered, etc. = 1 gm of marihuana
1 gm of Hashish Oil = 50 gm of marihuana
1 gm of Cannabis Resin or Hashish = 5 gm of marihuana
1 gm of Tetrahydrocannabinol, Organic = 167 gm of marihuana
1 gm of Tetrahydrocannabinol, Synthetic = 167 gm of marihuana
   
Flunitrazepam **  
   
1 unit of Flunitrazepam = 16 gm of marihuana
   
**Provided, that the minimum offense level from the Drug Quantity Table for flunitrazepam individually, or in combination with any Schedule I or II depressants, Schedule III substances, Schedule IV substances, and Schedule V substances is level 8.
   
Schedule I or II Depressants (except gamma-hydroxybutyric acid)
   
1 unit of a Schedule I or II Depressant (except gamma-hydroxybutyric acid) = 1 gm of marihuana
   
Gamma-hydroxybutyric Acid  
   
1 ml of gamma-hydroxybutyric acid = 8.8 gm of marihuana
   
Schedule III Substances (except ketamine and hydrocodone)***  
   
1 unit of a Schedule III Substance = 1 gm of marihuana
   
***Provided, that the combined equivalent weight of all Schedule III substances (except ketamine and hydrocodone), Schedule IV substances (except flunitrazepam), and Schedule V substances shall not exceed 59.99 kilograms of marihuana.
   
Schedule III Hydrocodone****  
   
1 unit of Schedule III hydrocodone = 1 gm of marihuana
   
****Provided, that the combined equivalent weight of all Schedule III substances (except ketamine), Schedule IV substances (except flunitrazepam), and Schedule V substances shall not exceed 999.99 kilograms of marihuana.
   
Ketamine  
   
1 unit of ketamine = 1 gm of marihuana
   
Schedule IV Substances (except flunitrazepam)*****  
   
1 unit of a Schedule IV Substance (except Flunitrazepam)= 0.0625 gm of marihuana
   
*****Provided, that the combined equivalent weight of all Schedule IV (except flunitrazepam) and V substances shall not exceed 4.99 kilograms of marihuana.
   
Schedule V Substances******  
   
1 unit of a Schedule V Substance = 0.00625 gm of marihuana
   
******Provided, that the combined equivalent weight of Schedule V substances shall not exceed 999 grams of marihuana.
   
List I Chemicals (relating to the manufacture of amphetamine or methamphetamine)*******
   
1 gm of Ephedrine = 10 kg of marihuana
1 gm of Phenylpropanolamine = 10 kg of marihuana
1 gm of Pseudoephedrine = 10 kg of marihuana
   
*******Provided, that in a case involving ephedrine, pseudoephedrine, or phenylpropanolamine tablets, use the weight of the ephedrine, pseudoephedrine, or phenylpropanolamine contained in the tablets, not the weight of the entire tablets, in calculating the base offense level.
   
Date Rape Drugs (except flunitrazipam, GHB, or ketamine)  
   
1 ml of 1,4-butanediol = 8.8 gm marihuana
1 ml of gamma butyrolactone = 8.8 gm marihuana

To facilitate conversions to drug equivalencies, the following table is provided:

- -
MEASUREMENT CONVERSION TABLE
- -
- 1 oz = 28.35 gm
1 lb = 453.6 gm
1 lb = 0.4536 kg
1 gal = 3.785 liters
1 qt = 0.946 liters
1 gm = 1 ml (liquid)
1 liter = 1,000 ml
1 kg = 1,000 gm
1 gm = 1,000 mg
1 grain = 64.8 mg.

11.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 500 mg per dose = 50 gms of mescaline). The Typical Weight Per Unit Table, prepared from information provided by the Drug Enforcement Administration, displays the typical weight per dose, pill, or capsule for certain controlled substances. Do not use this table if any more reliable estimate of the total weight is available from case-specific information.


- - -
TYPICAL WEIGHT PER UNIT (DOSE, PILL, OR CAPSULE) TABLE
- - -
- Hallucinogens -
     
MDA 250 mg
MDMA 250 mg
Mescaline 500 mg
PCP* 5 mg
Peyote (dry) 12 gm
Peyote (wet) 120 gm
Psilocin* 10 mg
Psilocybe mushrooms (dry) 5 gm
Psilocybe mushrooms (wet) 50 gm
Psilocybin* 10 mg
2,5-Dimethoxy-4-methylamphetamine (STP, DOM)* 3 mg
     
  Marihuana  
     
1 marihuana cigarette 0.5 gm
     
  Stimulants  
     
Amphetamine* 10 mg
Methamphetamine* 5 mg
Phenmetrazine (Preludin)* 75 mg
     
*For controlled substances marked with an asterisk, the weight per unit shown is the weight of the actual controlled substance, and not generally the weight of the mixture or substance containing the controlled substance. Therefore, use of this table provides a very conservative estimate of the total weight.

12.Types and quantities of drugs not specified in the count of conviction may be considered in determining the offense level. See §1B1.3(a)(2) (Relevant Conduct). 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. In making this determination, the court may consider, for example, the price generally obtained for the controlled substance, financial or other records, similar transactions in controlled substances by the defendant, and the size or capability of any laboratory involved.

If the offense involved both a substantive drug offense and an attempt or conspiracy (e.g., sale of five grams of heroin and an attempt to sell an additional ten grams of heroin), the total quantity involved shall be aggregated to determine the scale of the offense.

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. For example, a defendant agrees to sell 500 grams of cocaine, the transaction is completed by the delivery of the controlled substance - actually 480 grams of cocaine, and no further delivery is scheduled. In this example, the amount delivered more accurately reflects the scale of the offense. In contrast, in a reverse sting, the agreed-upon quantity of the controlled substance would more accurately reflect the scale of the offense because the amount actually delivered is controlled by the government, not by the defendant. If, however, the defendant establishes that the defendant did not intend to provide or purchase, or was not reasonably capable of providing or purchasing, the agreed-upon quantity of the controlled substance, the court shall exclude from the offense level determination the amount of controlled substance that the defendant establishes that the defendant did not intend to provide or purchase or was not reasonably capable of providing or purchasing.

13.Certain pharmaceutical preparations are classified as Schedule III, IV, or V controlled substances by the Drug Enforcement Administration under 21 C.F.R. § 1308.13-15 even though they contain a small amount of a Schedule I or II controlled substance. For example, Tylenol 3 is classified as a Schedule III controlled substance even though it contains a small amount of codeine, a Schedule II opiate. For the purposes of the guidelines, the classification of the controlled substance under 21 C.F.R. § 1308.13-15 is the appropriate classification.

14.If, in a reverse sting (an operation in which a government agent sells or negotiates to sell a controlled substance to a defendant), the court finds that the government agent set a price for the controlled substance that was substantially below the market value of the controlled substance, thereby leading to the defendant’s purchase of a significantly greater quantity of the controlled substance than his available resources would have allowed him to purchase except for the artificially low price set by the government agent, a downward departure may be warranted.

15.LSD on a blotter paper carrier medium typically is marked so that the number of doses ("hits") per sheet readily can be determined. When this is not the case, it is to be presumed that each 1/4 inch by 1/4 inch section of the blotter paper is equal to one dose.

In the case of liquid LSD (LSD that has not been placed onto a carrier medium), using the weight of the LSD alone to calculate the offense level may not adequately reflect the seriousness of the offense. In such a case, an upward departure may be warranted.

16.In an extraordinary case, an upward departure above offense level 38 on the basis of drug quantity may be warranted. For example, an upward departure may be warranted where the quantity is at least ten times the minimum quantity required for level 38. Similarly, in the case of a controlled substance for which the maximum offense level is less than level 38, 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.

17.For purposes of the guidelines, a "plant" is an organism having leaves and a readily observable root formation (e.g., a marihuana cutting having roots, a rootball, or root hairs is a marihuana plant).

18.If the offense involved importation of amphetamine or methamphetamine, and an adjustment from subsection (b)(2) applies, do not apply subsection (b)(4).

19.Hazardous or Toxic Substances.—Subsection (b)(10)(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. § 6928(d); the Federal Water Pollution Control Act, 33 U.S.C. § 1319(c); the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. § 9603(b); or 49 U.S.C. § 5124 (relating to violations of laws and regulations enforced by the Department of Transportation with respect to the transportation of hazardous material). In some cases, the enhancement under subsection (b)(10)(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). In such cases, an upward departure may be warranted. Additionally, in determining the amount of restitution under §5E1.1 (Restitution) and in fashioning appropriate conditions of probation and supervision under §§5B1.3 (Conditions of Probation) and 5D1.3 (Conditions of Supervised Release), respectively, any costs of environmental cleanup and harm to individuals or property shall be considered by the court in cases involving the manufacture of amphetamine or methamphetamine and should be considered by the court in cases involving the manufacture of a controlled substance other than amphetamine or methamphetamine. See 21 U.S.C. § 853(q) (mandatory restitution for cleanup costs relating to the manufacture of amphetamine and methamphetamine)

20.Substantial Risk of Harm Associated with the Manufacture of Amphetamine and Methamphetamine.—

(A)Factors to Consider.—In determining, for purposes of subsection (b)(10)(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.

(ii)The manner in which hazardous or toxic substances were disposed, and the likelihood of release into the environment of hazardous or toxic substances.

(iii)The duration of the offense, and the extent of the manufacturing operation.

(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.

(B)Definitions.—For purposes of subsection (b)(10)(D):

"Incompetent" means an individual who is incapable of taking care of the individual’s self or property because of a mental or physical illness or disability, mental retardation, or senility.

"Minor" has the meaning given that term in Application Note 1 of the Commentary to §2A3.1 (Criminal Sexual Abuse).

21.Applicability of Subsection (b)(11).—The applicability of subsection (b)(11) 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. Section §5C1.2(b), which provides a minimum offense level of level 17, is not pertinent to the determination of whether subsection (b)(11) applies.

22.Imposition of Consecutive Sentence for 21 U.S.C. § 860a or § 865.—Sections 860a and 865 of title 21, United States Code, require the imposition of a mandatory consecutive term of imprisonment of not more than 20 years and 15 years, respectively. In order to comply with the relevant statute, the court should determine the appropriate "total punishment" and divide the sentence on the judgment form between the sentence attributable to the underlying drug offense and the sentence attributable to 21 U.S.C. § 860a or § 865, specifying the number of months to be served consecutively for the conviction under 21 U.S.C. § 860a or § 865. 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. § 860a or § 865 would achieve the "total punishment" in a manner that satisfies the statutory requirement of a consecutive sentence.

23.Application of Subsection (b)(6).—For purposes of subsection (b)(6), "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. For example, subsection (b)(6) 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. "Interactive computer service", for purposes of subsection (b)(6) and this note, has the meaning given that term in section 230(e)(2) of the Communications Act of 1934 (47 U.S.C. § 230(f)(2)).

24.Application of Subsection (e)(1).—

(A)Definition.—For purposes of this guideline, "sexual offense" means a "sexual act" or "sexual contact" as those terms are defined in 18 U.S.C. § 2246(2) and (3), respectively.

(B)Upward Departure Provision.—If the defendant committed a sexual offense against more than one individual, an upward departure would be warranted.

25.Application of Subsection (b)(7).—For purposes of subsection (b)(7), "masking agent" means a substance that, when taken before, after, or in conjunction with an anabolic steroid, prevents the detection of the anabolic steroid in an individual’s body.

26.Application of Subsection (b)(8).—For purposes of subsection (b)(8), "athlete" means an individual who participates in an athletic activity conducted by (i) an intercollegiate athletic association or interscholastic athletic association; (ii) a professional athletic association; or (iii) an amateur athletic organization.

Background. Offenses under 21 U.S.C. §§ 841 and 960 receive identical punishment based upon the quantity of the controlled substance involved, the defendant’s criminal history, and whether death or serious bodily injury resulted from the offense.

The base offense levels in §2D1.1 are either provided directly by the Anti-Drug Abuse Act of 1986 or are proportional to the levels established by statute, and apply to all unlawful trafficking. Levels 32 and 26 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. To determine these finer distinctions, the Commission consulted numerous experts and practitioners, including authorities at the Drug Enforcement Administration, chemists, attorneys, probation officers, and members of the Organized Crime Drug Enforcement Task Forces, who also advocate the necessity of these distinctions. Where necessary, this scheme has been modified in response to specific congressional directives to the Commission.

The base offense levels at levels 26 and 32 establish guideline ranges with a lower limit as close to the statutory minimum as possible; e.g., level 32 ranges from 121 to 151 months, where the statutory minimum is ten years or 120 months.

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. The decision to treat each plant as equal to 100 grams is premised on the fact that the average yield from a mature marihuana plant equals 100 grams of marihuana. In controlled substance offenses, an attempt is assigned the same offense level as the object of the attempt. Consequently, the Commission adopted the policy that each plant is to be treated as the equivalent of an attempt to produce 100 grams of marihuana, except where the actual weight of the usable marihuana is greater.

Specific Offense Characteristic (b)(2) is derived from Section 6453 of the Anti-Drug Abuse Act of 1988.

Frequently, a term of supervised release to follow imprisonment is required by statute for offenses covered by this guideline. Guidelines for the imposition, duration, and conditions of supervised release are set forth in Chapter Five, Part D (Supervised Release).

Because the weights of LSD carrier media vary widely and typically far exceed the weight of the controlled substance itself, the Commission has determined that basing offense levels on the entire weight of the LSD and carrier medium would produce unwarranted disparity among offenses involving the same quantity of actual LSD (but different carrier weights), as well as sentences disproportionate to those for other, more dangerous controlled substances, such as PCP. Consequently, in cases involving LSD contained in a carrier medium, the Commission has established a weight per dose of 0.4 milligram for purposes of determining the base offense level.

The dosage weight of LSD selected exceeds the Drug Enforcement Administration’s 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. Because LSD typically is marketed and consumed orally on a carrier medium, the inclusion of some weight attributable to the carrier medium recognizes (A) that offense levels for most other controlled substances are based upon the weight of the mixture containing the controlled substance without regard to purity, and (B) the decision in Chapman v. United States, 111 S.Ct. 1919 (1991) (holding that the term "mixture or substance" in 21 U.S.C. § 841(b)(1) includes the carrier medium in which LSD is absorbed). 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. (Treating LSD on a carrier medium as weighing 0.5 milligram per dose would produce offense levels equivalent to those for PCP.) Thus, the approach decided upon by the Commission will harmonize offense levels for LSD offenses with those for other controlled substances and avoid an undue influence of varied carrier weight on the applicable offense level. Nonetheless, this approach does not override the applicability of "mixture or substance" for the purpose of applying any mandatory minimum sentence (see Chapman; §5G1.1(b)).

Subsection (b)(10)(A) implements the instruction to the Commission in section 303 of Public Law 103–237.

Subsections (b)(10)(C)(ii) and (D) implement, in a broader form, the instruction to the Commission in section 102 of Public Law 106–310.

Historical Note: Effective November 1, 1987. Amended effective January 15, 1988 (see Appendix C, amendments 19, 20, and 21); November 1, 1989 (see Appendix C, amendments 123-134, 302, and 303); November 1, 1990 (see Appendix C, amendment 318); November 1, 1991 (see Appendix C, amendments 369-371 and 394-396); November 1, 1992 (see Appendix C, amendments 446 and 447); November 1, 1993 (see Appendix C, amendments 479, 484-488, and 499); September 23, 1994 (see Appendix C, amendment 509); November 1, 1994 (see Appendix C, amendment 505); November 1, 1995 (see Appendix C, amendments 514-518); November 1, 1997 (see Appendix C, amendments 555 and 556); November 1, 2000 (see Appendix C, amendments 594 and 605); December 16, 2000 (see Appendix C, amendment 608); May 1, 2001 (see Appendix C, amendments 609-611); November 1, 2001 (see Appendix C, amendments 620-625); November 1, 2002 (see Appendix C, amendment 640); November 1, 2003 (see Appendix C, amendment 657); November 1, 2004 (see Appendix C, amendments 667, 668, and 674); November 1, 2005 (see Appendix C, amendment 679); March 27, 2006 (see Appendix C, amendment 681); November 1, 2006 (see Appendix C, amendments 684 and 688); November 1, 2007 (see Appendix C, amendments 705, 706, and 711); May 1, 2008 (see Appendix C, amendment 715); November 1, 2009 (see Appendix C, amendments 727 and 728); November 1, 2010 (see Appendix C, amendment 746).