AMENDMENT 371

Amendment: Chapter Two, Part D, Subpart 1, is amended by inserting additional guidelines with accompanying commentary as §2D1.11 (Unlawfully Distributing, Importing, Exporting or Possessing a Listed Chemical), §2D1.12 (Unlawful Possession, Manufacture, Distribution, or Importation of Prohibited Flask or Equipment), and §2D1.13 (Structuring Chemical Transactions or Creating a Chemical Mixture to Evade Reporting or Recordkeeping Requirements; Presenting False or Fraudulent Identification to Obtain a Listed Chemical).

Chapter Two, Part D, Subpart 3 is amended by inserting an additional guideline with accompanying commentary as §2D3.5 (Violation of Recordkeeping or Reporting Requirements for Listed Chemicals and Certain Machines).

The Commentary to §2D1.1 captioned "Statutory Provisions" is amended by deleting "841, 960" and inserting in lieu thereof "841(a), (b)(1)-(3), 960(a), (b)".

The Commentary to §2D1.1 captioned "Application Notes" is amended by inserting the following additional note:

"14. D-lysergic acid, which is generally used to make LSD, is classified as a Schedule III controlled substance (to which §2D1.1 applies) and as a listed precursor (to which §2D1.11 applies). Where the defendant is convicted under 21 U.S.C. §§ 841(b)(1)(D) or 860(b)(4) of an offense involving d-lysergic acid, apply §2D1.1 or §2D1.11, whichever results in the greater offense level. See Application Note 5 in the Commentary to §1B1.1 (Application Instructions). Where the defendant is accountable for an offense involving the manufacture of LSD, see Application Note 12 above pertaining to the determination of the scale of the offense.".

Reason for Amendment: This amendment makes Chapter Two, Part D more comprehensive by providing additional guidelines to address violations involving listed chemicals, flasks, and certain machines that are used in the manufacture of controlled substances. Conforming changes are made to the Commentary to §2D1.1.

Effective Date: The effective date of this amendment is November 1, 1991.