Amendment: Section 2D1.12(a) is amended by inserting "(Apply the greater)" immediately after "Base Offense Level"; and by deleting "12" and inserting in lieu thereof:
"(1) 12, if the defendant intended to manufacture a controlled substance or knew or believed the prohibited equipment was to be used to manufacture a controlled substance; or
(2) 9, if the defendant had reasonable cause to believe the prohibited equipment was to be used to manufacture a controlled substance.".
Reason for Amendment: The Domestic Chemical Diversion Act of 1993, Pub. L. 103-200, 107 Stat. 2333, broadens the prohibition in 21 U.S.C. § 843(a) to cover possessing, manufacturing, distributing, exporting, or importing three-neck, round-bottom flasks, tableting machines, encapsulating machines, or gelatin capsules having reasonable cause to believe they will be used to manufacture a controlled substance. Section 2D1.12 (Unlawful Possession, Manufacture, Distribution, or Importation of Prohibited Flask or Equipment; Attempt or Conspiracy) applies to this conduct. Consistent with the treatment of similar conduct under §§2D1.11(b)(2) and 2D1.13(b)(2), this amendment provides an alternative base offense level in §2D1.12 to address the case in which the defendant had reasonable cause to believe, but not actual knowledge or belief, that the equipment was to be used to manufacture a controlled substance.
Effective Date: The effective date of this amendment is November 1, 1995.