CHAPTER TWO - OFFENSE CONDUCT


PART D - OFFENSES INVOLVING DRUGS AND NARCO-TERRORISM


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


§2D1.7.     Unlawful Sale or Transportation of Drug Paraphernalia; Attempt or Conspiracy 

(a)      Base Offense Level:  12

(b)      Cross Reference

(1)       If the offense involved a controlled substance, apply §2D1.1 (Unlawful Manufacturing, Importing, Exporting, or Trafficking) or §2D2.1 (Unlawful Possession), as appropriate, if the resulting offense level is greater than that determined above.


Commentary

Statutory Provision:  21 U.S.C. § 863 (formerly 21 U.S.C. § 857).

Application Note:

1.      The typical case addressed by this guideline involves small-scale trafficking in drug paraphernalia (generally from a retail establishment that also sells items that are not unlawful).  In a case involving a large-scale dealer, distributor, or manufacturer, an upward departure may be warranted.  Conversely, where the offense was not committed for pecuniary gain (e.g., transportation for the defendant's personal use), a downward departure may be warranted.

Historical Note:  Effective November 1, 1987.  Amended effective November 1, 1991 (see Appendix C, amendment 397); November 1, 1992 (see Appendix C, amendment 447).