Amendment: Section 2D1.12 is amended by redesignating subsection (b) as subsection (c); and by inserting the following new subsection (b):
"(b) Specific Offense Characteristic
(1) If the defendant (A) intended to manufacture methamphetamine, or (B) knew, believed, or had reasonable cause to believe that prohibited equipment was to be used to manufacture methamphetamine, increase by 2 levels.".
The Commentary to §2D1.12 captioned "Application Notes" is amended in Note 2 by deleting "(b)(1)" and inserting in lieu thereof "(c)(1)".
Section 2D2.1(a)(3) is amended by inserting "or a list I chemical" after "controlled substance".
Reason for Amendment: This amendment implements the directive to the Commission in section 203 of the Comprehensive Methamphetamine Control Act of 1996, Pub. L. 104-237, 110 Stat. 3099, to ensure that possession of equipment used to make methamphetamine is treated as a significant violation. Additionally, the amendment includes list I chemicals under §2D2.1 (Unlawful Possession; Attempt or Conspiracy), in response to section 201 of the Act, which amends 21 U.S.C. § 844 to include list I chemicals.
Effective Date: The effective date of this amendment is November 1, 1997.