623


AMENDMENT 623

Amendment: Section 2D1.1(c)(1) is amended by striking the period after "Hashish Oil" and inserting a semi-colon; and by adding at the end the following:

"30,000,000 units or more of Schedule I or II Depressants;

1,875,000 units or more of Flunitrazepam.".

Section 2D1.1(c)(2) is amended by striking the period after "Hashish Oil" and inserting a semi-colon; and by adding at the end the following:

"At least 10,000,000 but less than 30,000,000 units of Schedule I or II Depressants;

At least 625,000 but less than 1,875,000 units of Flunitrazepam.".

Section 2D1.1(c)(3) is amended by striking the period after "Hashish Oil" and inserting a semi-colon; and by adding at the end the following:

"At least 3,000,000 but less than 10,000,000 units of Schedule I or II Depressants;

At least 187,500 but less than 625,000 units of Flunitrazepam.".

Section 2D1.1(c)(4) is amended by striking the period after "Hashish Oil" and inserting a semi-colon; and by adding at the end the following:

"At least 1,000,000 but less than 3,000,000 units of Schedule I or II Depressants;

At least 62,500 but less than 187,500 units of Flunitrazepam.".

Section 2D1.1(c)(5) is amended by striking the period after "Hashish Oil" and inserting a semi-colon; and by adding at the end the following:

"At least 700,000 but less than 1,000,000 units of Schedule I or II Depressants;

At least 43,750 but less than 62,500 units of Flunitrazepam.".

Section 2D1.1(c)(6) is amended by striking the period after "Hashish Oil" and inserting a semi-colon; and by adding at the end the following:

"At least 400,000 but less than 700,000 units of Schedule I or II Depressants;

At least 25,000 but less than 43,750 units of Flunitrazepam.".

Section 2D1.1(c)(7) is amended by striking the period after "Hashish Oil" and inserting a semi-colon; and by adding at the end the following:

"At least 100,000 but less than 400,000 units of Schedule I or II Depressants;

At least 6,250 but less than 25,000 units of Flunitrazepam.".

Section 2D1.1(c)(8) is amended by striking the period after "Hashish Oil" and inserting a semi-colon; and by adding at the end the following:

"At least 80,000 but less than 100,000 units of Schedule I or II Depressants;

At least 5,000 but less than 6,250 units of Flunitrazepam.".

Section 2D1.1(c)(9) is amended by striking the period after "Hashish Oil" and inserting a semi-colon; and by adding at the end the following:

"At least 60,000 but less than 80,000 units of Schedule I or II Depressants;

At least 3,750 but less than 5,000 units of Flunitrazepam.".

Section 2D1.1(c)(10) is amended in the line referenced to Schedule I or II Depressants by striking "40,000 or more" and inserting "At least 40,000 but less than 60,000"; and in the line referenced to Flunitrazepam, by striking "2,500 or more" and inserting "At least 2,500 but less than 3,750".

The Commentary to §2D1.1 captioned "Application Notes" is amended in Note 10 in the Drug Equivalency Tables in the subdivision captioned "Flunitrazepam**" by striking the following:

"** Provided, that the combined equivalent weight of flunitrazepam, all Schedule I or II depressants, Schedule III substances, Schedule IV substances, and Schedule V substances shall not exceed 99.99 kilograms of marihuana.

The minimum offense level from the Drug Quantity Table for flunitrazepam individually, or in combination with any Schedule I or II depressants, Schedule III substances, Schedule IV substances, and Schedule V substances is level 8.",

and inserting the following:

"**Provided, that the minimum offense level from the Drug Quantity Table for flunitrazepam individually, or in combination with any Schedule I or II depressants, Schedule III substances, Schedule IV substances, and Schedule V substances is level 8.".

The Commentary to §2D1.1 captioned "Application Notes" is amended in Note 10 in the Drug Equivalency Tables in the subdivision captioned "Schedule I or II Depressants***" in the heading by striking "***" after "Schedule I or II Depressants"; and by striking the following:

"***Provided, that the combined equivalent weight of all Schedule I or II depressants, Schedule III substances, Schedule IV substances (except flunitrazepam), and Schedule V substances shall not exceed 59.99 kilograms of marihuana.".

The Commentary to §2D1.1 captioned "Application Notes" is amended in Note 10 in the Drug Equivalency Tables in the subdivision captioned "Schedule III Substances****" in the heading by striking "****" and inserting "***"; by striking "****Provided," and inserting "***Provided,"; and by striking "Schedule I or II depressants," after "Schedule III substances,".

The Commentary to §2D1.1 captioned "Application Notes" is amended in Note 10 in the Drug Equivalency Tables in the subdivision captioned "Schedule IV Substances (except flunitrazepam)*****" in the heading by striking "*****" and inserting "****"; and by striking "*****Provided," and inserting "****Provided,".

The Commentary to §2D1.1 captioned "Application Notes" is amended in Note 10 in the Drug Equivalency Tables in the subdivision captioned "Schedule V Substances******" in the heading by striking "******" and inserting "*****"; and by striking "******Provided," and inserting "*****Provided,".

The Commentary to §2D1.1 captioned "Application Notes" is amended in Note 17 by striking "(e.g., the maximum offense level in the Drug Quantity Table for flunitrazepam is level 20)".

Reason for Amendment: This amendment implements the Hillory J. Farias and Samantha Reid Date-Rape Drug Prohibition Act of 2000, Pub. L. 106–172 (the "Act"), which provides the emergency scheduling of gamma hydroxybutyric acid ("GHB") as a Schedule I controlled substance under the Controlled Substances Act when the drug is used illicitly. The Act also amended section 401(b)(1)(C) of the Controlled Substances Act, 21 U.S.C. § 841(b)(1)(C), and section 1010(b)(3) of the Controlled Substances Import and Export Act, 21 U.S.C. § 960(b)(3), to provide penalties of not more than 20 years’ imprisonment for an offense that involves GHB.

This amendment eliminates the maximum base offense level of level 20 in the Drug Quantity Table of §2D1.1 (Unlawful Manufacturing, Importing, Exporting, or Trafficking (Including Possession with Intent to Commit These Offenses); Attempt or Conspiracy) for Schedule I and II depressants (including GHB). The same change is made with respect to flunitrazepam, which, for sentencing purposes, is tied to Schedule I and II depressants. The Commission determined that increased penalties for the more serious offenses involving Schedule I and II depressants are appropriate.

Corresponding changes to the Drug Equivalency Tables in §2D1.1 were made for both Flunitrazepam and Schedule I or II depressants by eliminating the maximum marihuana equivalency when offenses involving these controlled substances also involve offenses for controlled substances in Schedules III, IV, or V.

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