AMENDMENT 622

Amendment: Section 2D1.1(b)(4) is amended by inserting "amphetamine or" before "methamphetamine" each place it appears.

The Commentary to §2D1.1 captioned "Statutory Provisions" is amended by inserting "; 49 U.S.C. § 46317(b)" after "960(a), (b)".

The Commentary to §2D1.1 captioned "Application Notes" is amended in Note 19 by inserting "amphetamine or" before "methamphetamine".

Appendix A (Statutory Index), as amended by amendment 617, is further amended by inserting after the line referenced to 49 U.S.C. § 46317(a) the following new line:

"49 U.S.C. § 46317(b)               2D1.1".

The sixth entry, relating to Amphetamine and Amphetamine (actual), in each of subdivisions (1) through (14) of section 2D1.1(c), Note (B) of the "*Notes to Drug Quantity Table" in §2D1.1(c), Note 9 of the Commentary to §2D1.1 captioned "Application Notes", and the subdivision captioned "Cocaine and Other Schedule I and II Stimulants (and their immediate precursors)*" of the Drug Equivalency Tables in Note 10 of the Commentary to §2D1.1 captioned "Application Notes", effective May 1, 2001 (see Amendment 610), are repromulgated with the following change:

The Commentary to §2D1.1 captioned "Application Notes" is amended in Note 10 in the Drug Equivalency Tables in the subdivision captioned "Cocaine and Other Schedule I and II Stimulants (and their immediate precursors)*" by striking "1 gm of Dextroamphetamine = 200 gm of marihuana".

Reason for Amendment: This amendment repromulgates as a permanent amendment the emergency amendment previously promulgated to implement the directive in section 3611 of the Methamphetamine Anti-Proliferation Act of 2000, Pub. L. 106–310 (the "Act"), which directs the Commission to provide increased guideline penalties for amphetamine offenses such that those penalties are comparable to the base offense level for methamphetamine offenses. The directive provided the Commission emergency amendment authority. (See Amendment 610.)

This amendment revises §2D1.1 to include amphetamine in the Drug Quantity Table in §2D1.1 (Unlawful Manufacturing, Importing, Exporting, or Trafficking (Including Possession with Intent to Commit These Offenses); Attempt or Conspiracy). This amendment also treats amphetamine and methamphetamine identically, at a 1:1 ratio (i.e., the same quantities of amphetamine and methamphetamine will result in the same base offense level) because of the similarities of the two substances. Specifically, amphetamine and methamphetamine (1) are chemically similar; (2) are produced by a similar method and are trafficked in a similar manner; (3) share similar methods of use; (4) affect the same parts of the brain; and (5) have similar intoxicating effects. The amendment also distinguishes between pure amphetamine (i.e., amphetamine (actual)) and amphetamine mixture in the same manner, and at the same quantities, as pure methamphetamine (i.e., methamphetamine (actual)) and methamphetamine mixture, respectively. The Commission determined that the 1:1 ratio is appropriate given the similarity of these two controlled substances.

This amendment differs from the emergency amendment in that it also (1) amends §2D1.1(b)(4) to make the enhancement for the importation of methamphetamine applicable to amphetamine offenses as well, and makes a conforming change in the commentary to §2D1.1 in Application Note 19; (2) deletes as unnecessary the marihuana equivalency for dextroamphetamine in the Drug Equivalency Tables in §2D1.1; and (3) amends Appendix A (Statutory Index) to refer a new offense at 49 U.S.C. § 46317(b), (prohibiting transportation of controlled substances by aircraft) to §2D1.1.

Effective Date: The effective date of this amendment is November 1, 2001.