AMENDMENT 125
Amendment: Section 2D1.1 is amended by deleting the "Drug Quantity Table" in its entirety, including the title and footnotes, as follows:
"DRUG QUANTITY TABLE
| Controlled Substances and Quantity* | Base Offense Level | |
| 10 KG Heroin or equivalent Schedule I or II Opiates, 50 KG Cocaine or equivalent Schedule I or II Stimulants, 500 G Cocaine Base, 10 KG PCP or 1 KG Pure PCP, 100 G LSD or equivalent Schedule I or II Hallucinogens, 4 KG Fentanyl or 1 KG Fentanyl Analogue, 10,000 KG Marihuana, 100,000 Marihuana Plants, 2000 KG Hashish, 200 KG Hashish Oil (or more of any of the above) | Level 36 | |
| 3-9.9 KG Heroin or equivalent Schedule I or II Opiates, 15-49.9 KG Cocaine or equivalent Schedule I or II Stimulants, 150-499 G Cocaine Base, 3-9.9 KG PCP or 300-999 G Pure PCP, 30- 99 G LSD or equivalent Schedule I or II Hallucinogens, 1.2-3.9 KG Fentanyl or 300-999 G Fentanyl Analogue, 3000-9999 KG Marihuana, 30,000-99,999 Marihuana Plants, 600-1999 KG Hashish, 60-199 KG Hashish Oil | Level 34 | |
| 1-2.9 KG Heroin or equivalent Schedule I or II Opiates, 5-14.9 KG Cocaine or equivalent Schedule I or II Stimulants, 50-149 G Cocaine Base, 1-2.9 KG PCP or 100-299 G Pure PCP, 10- 29 G LSD or equivalent Schedule I or II Hallucinogens, .4-1.1 KG Fentanyl or 100-299 G Fentanyl Analogue, 1000-2999 KG Marihuana, 10,000-29,999 Marihuana Plants, 200-599 KG Hashish, 20-59.9 KG Hashish Oil | Level 32** | |
| 700-999 G Heroin or equivalent Schedule I or II Opiates, 3.5-4.9 KG Cocaine or equivalent Schedule I or II Stimulants, 35-49 G Cocaine Base, 700-999 G PCP or 70-99 G Pure PCP, 7- 9.9 G LSD or equivalent Schedule I or II Hallucinogens, 280-399 G Fentanyl or 70-99 G Fentanyl Analogue, 700-999 KG Marihuana, 7000-9999 Marihuana Plants, 140-199 KG Hashish, 14-19.9 KG Hashish Oil | Level 30 | |
| 400-699 G Heroin or equivalent Schedule I or II Opiates, 2-3.4 KG Cocaine or equivalent Schedule I or II Stimulants, 20-34.9 G Cocaine Base, 400-699 G PCP or 40-69 G Pure PCP, 4- 6.9 G LSD or equivalent Schedule I or II Hallucinogens, 160-279 G Fentanyl or 40-69 G Fentanyl Analogue, 400-699 KG Marihuana, 4000-6999 Marihuana Plants, 80-139 KG Hashish, 8.0-13.9 KG Hashish Oil | Level 28 | |
| 100-399 G Heroin or equivalent Schedule I or II Opiates, .5-1.9 KG Cocaine or equivalent Schedule I or II Stimulants, 5-19 G Cocaine Base, 100-399 G PCP or 10-39 G Pure PCP, 1-3.9 G LSD or equivalent Schedule I or II Hallucinogens, 40-159 G Fentanyl or 10-39 G Fentanyl Analogue, 100-399 KG Marihuana, 1000-3999 Marihuana Plants, 20-79 KG Hashish, 2.0-7.9 KG Hashish Oil | Level 26** | |
| 80-99 G Heroin or equivalent Schedule I or II Opiates, 400-499 G Cocaine or equivalent Schedule I or II Stimulants, 4-4.9 G Cocaine Base, 80-99 G PCP or 8-9.9 G Pure PCP, 800- 999 MG LSD or equivalent Schedule I or II Hallucinogens, 32-39 G Fentanyl or 8-9.9 G Fentanyl Analogue, 80-99 KG Marihuana, 800-999 Marihuana Plants, 16-19.9 KG Hashish, 1.6-1.9 KG Hashish Oil | Level 24 | |
| 60-79 G Heroin or equivalent Schedule I or II Opiates, 300-399 G Cocaine or equivalent Schedule I or II Stimulants, 3-3.9 G Cocaine Base, 60-79 G PCP or 6-7.9 G Pure PCP, 600 - 799 MG LSD or equivalent Schedule I or II Hallucinogens, 24-31.9 G Fentanyl or 6-7.9 G Fentanyl Analogue, 60-79 KG Marihuana, 600-799 Marihuana Plants, 12-15.9 KG Hashish, 1.2- 1.5 KG Hashish Oil | Level 22 | |
| 40-59 G Heroin or equivalent Schedule I or II Opiates, 200-299 G Cocaine or equivalent Schedule I or II Stimulants, 2-2.9 G Cocaine Base, 40-59 G PCP or 4-5.9 G Pure PCP, 400- 599 MG LSD or equivalent Schedule I or II Hallucinogens, 16-23.9 G Fentanyl or 4-5.9 G Fentanyl Analogue, 40-59 KG Marihuana, 400-599 Marihuana Plants, 8-11.9 KG Hashish, .8- 1.1 KG Hashish Oil, 20 KG+ Schedule III or other Schedule I or II controlled substances | Level 20 | |
| 20-39 G Heroin or equivalent Schedule I or II Opiates, 100-199 G Cocaine or equivalent Schedule I or II Stimulants, 1-1.9 G Cocaine Base, 20-39 G PCP or 2-3.9 G Pure PCP, 200- 399 MG LSD or equivalent Schedule I or II Hallucinogens, 8-15.9 G Fentanyl or 2-3.9 G Fentanyl Analogue, 20-39 KG Marihuana, 200-399 Marihuana Plants, 5-7.9 KG Hashish, 500- 799 G Hashish Oil, 10-19 KG Schedule III or other Schedule I or II controlled substances | Level 18 | |
| 10-19 G Heroin or equivalent Schedule I or II Opiates, 50-99 G Cocaine or equivalent Schedule I or II Stimulants, 500-999 MG Cocaine Base, 10-19.9 G PCP or 1-1.9 G Pure PCP, 100-199 MG LSD or equivalent Schedule I or II Hallucinogens, 4-7.9 G Fentanyl or 1-1.9 G Fentanyl Analogue, 10-19 KG Marihuana, 100-199 Marihuana Plants, 2-4.9 KG Hashish, 200-499 G Hashish Oil, 5-9.9 KG Schedule III or other Schedule I or II controlled substances | Level 16 | |
| 5-9.9 G Heroin or equivalent Schedule I or II Opiates, 25-49 G Cocaine or equivalent Schedule I or II Stimulants, 250-499 MG Cocaine Base, 5-9.9 G PCP or 500-999 MG Pure PCP, 50-99 MG LSD or equivalent Schedule I or II Hallucinogens, 2-3.9 G Fentanyl or .5-.9 G Fentanyl Analogue, 5-9.9 KG Marihuana, 50-99 Marihuana Plants, 1-1.9 KG Hashish, 100-199 G Hashish Oil, 2.5-4.9 KG Schedule III or other Schedule I or II controlled substances | Level 14 | |
| Less than the following: 5 G Heroin or equivalent Schedule I or II Opiates, 25 G Cocaine or equivalent Schedule I or II Stimulants, 250 MG Cocaine Base, 5 G PCP or 500 MG Pure PCP, 50 MG LSD or equivalent Schedule I or II Hallucinogens, 2 G Fentanyl or 500 MG Fentanyl Analogue; 2.5-4.9 KG Marihuana, 25-49 Marihuana Plants, 500-999 G Hashish, 50-99 G Hashish Oil, 1.25-2.4 KG Schedule III or other Schedule I or II controlled substances, 20 KG+ Schedule IV | Level 12 | |
| 1-2.4 KG Marihuana, 10-24 Marihuana Plants, 200-499 G Hashish, 20-49 G Hashish Oil, .50- 1.24 KG Schedule III or other Schedule I or II controlled substances, 8-19 KG Schedule IV | Level 10 | |
| 250-999 G Marihuana, 3-9 Marihuana Plants, 50-199 G Hashish, 10-19 G Hashish Oil, 125- 449 G Schedule III or other Schedule I or II controlled substances, 2-7.9 KG Schedule IV, 20 KG+ Schedule V | Level 8 | |
| Less than the following: 250 G Marihuana, 3 Marihuana Plants, 50 G Hashish, 10 G Hashish Oil, 125 G Schedule III or other Schedule I or II controlled substances, 2 KG Schedule IV, 20 KG Schedule V | Level 6 |
____________________________________
* The scale amounts for all controlled substances refer to the total weight of the controlled substance. Consistent with the provisions of the Anti-Drug Abuse Act, if any mixture of a compound contains any detectable amount of a controlled substance, the entire amount of the mixture or compound shall be considered in measuring the quantity. If a mixture or compound contains a detectable amount of more than one controlled substance, the most serious controlled substance shall determine the categorization of the entire quantity.
** Statute specifies a mandatory minimum sentence.",
and inserting in lieu thereof:
"(c) DRUG QUANTITY TABLE
Controlled Substances and Quantity* Base Offense Level
(1) 300 KG or more of Heroin Level 42
(or the equivalent amount of other Schedule I or II Opiates);
1500 KG or more of Cocaine
(or the equivalent amount of other Schedule I or II Stimulants);
15 KG or more of Cocaine Base;
300 KG or more of PCP, or 30 KG or more of Pure PCP;
300 KG or more of Methamphetamine,
or 30 KG or more of Pure Methamphetamine;
3 KG or more of LSD
(or the equivalent amount of other Schedule I or II Hallucinogens);
120 KG or more of Fentanyl;
30 KG or more of a Fentanyl Analogue;
300,000 KG or more of Marihuana;
60,000 KG or more of Hashish;
6,000 KG or more of Hashish Oil.
(2) At least 100 KG but less than 300 KG of Heroin Level 40
(or the equivalent amount of other Schedule I or II Opiates);
At least 500 KG but less than 1500 KG of Cocaine
(or the equivalent amount of other Schedule I or II Stimulants);
At least 5 KG but less than 15 KG of Cocaine Base;
At least 100 KG but less than 300 KG of PCP,
or at least 10 KG but less than 30 KG of Pure PCP;
At least 100 KG but less than 300 KG of Methamphetamine,
or at least 10 KG but less than 30 KG of Pure Methamphetamine;
At least 1 KG but less than 3 KG of LSD
(or the equivalent amount of other Schedule I or II Hallucinogens);
At least 40 KG but less than 120 KG of Fentanyl;
At least 10 KG but less than 30 KG of a Fentanyl Analogue;
At least 100,000 KG but less than 300,000 KG of Marihuana;
At least 20,000 KG but less than 60,000 KG of Hashish;
At least 2,000 KG but less than 6,000 KG of Hashish Oil.
(3) At least 30 KG but less than 100 KG of Heroin Level 38
(or the equivalent amount of other Schedule I or II Opiates);
At least 150 KG but less than 500 KG of Cocaine
(or the equivalent amount of other Schedule I or II Stimulants);
At least 1.5 KG but less than 5 KG of Cocaine Base;
At least 30 KG but less than 100 KG of PCP,
or at least 3 KG but less than 10 KG of Pure PCP;
At least 30 KG but less than 100 KG of Methamphetamine,
or at least 3 KG but less than 10 KG of Pure Methamphetamine;
At least 300 G but less than 1 KG of LSD
(or the equivalent amount of other Schedule I or II Hallucinogens);
At least 12 KG but less than 40 KG of Fentanyl;
At least 3 KG but less than 10 KG of a Fentanyl Analogue;
At least 30,000 KG but less than 100,000 KG of Marihuana;
At least 6,000 KG but less than 20,000 KG of Hashish;
At least 600 KG but less than 2,000 KG of Hashish Oil.
(4) At least 10 KG but less than 30 KG of Heroin Level 36
(or the equivalent amount of other Schedule I or II Opiates);
At least 50 KG but less than 150 KG of Cocaine
(or the equivalent amount of other Schedule I or II Stimulants);
At least 500 G but less than 1.5 KG of Cocaine Base;
At least 10 KG but less than 30 KG of PCP, or at least 1 KG but
less than 3 KG of Pure PCP;
At least 10 KG but less than 30 KG of Methamphetamine,
or at least 1 KG but less than 3 KG of Pure Methamphetamine;
At least 100 G but less than 300 G of LSD
(or the equivalent amount of other Schedule I or II Hallucinogens);
At least 4 KG but less than 12 KG of Fentanyl;
At least 1 KG but less than 3 KG of a Fentanyl Analogue;
At least 10,000 KG but less than 30,000 KG of Marihuana;
At least 2,000 KG but less than 6,000 KG of Hashish;
At least 200 KG but less than 600 KG of Hashish Oil.
(5) At least 3 KG but less than 10 KG of Heroin Level 34
(or the equivalent amount of other Schedule I or II Opiates);
At least 15 KG but less than 50 KG of Cocaine
(or the equivalent amount of other Schedule I or II Stimulants);
At least 150 G but less than 500 G of Cocaine Base;
At least 3 KG but less than 10 KG of PCP,
or at least 300 G but less than 1 KG of Pure PCP;
At least 3 KG but less than 10 KG of Methamphetamine,
or at least 300 G but less than 1 KG of Pure Methamphetamine;
At least 30 G but less than 100 G of LSD
(or the equivalent amount of other Schedule I or II Hallucinogens);
At least 1.2 KG but less than 4 KG of Fentanyl;
At least 300 G but less than 1 KG of a Fentanyl Analogue;
At least 3,000 KG but less than 10,000 KG of Marihuana;
At least 600 KG but less than 2,000 KG of Hashish;
At least 60 KG but less than 200 KG of Hashish Oil.
(6) At least 1 KG but less than 3 KG of Heroin Level 32
(or the equivalent amount of other Schedule I or II Opiates);
At least 5 KG but less than 15 KG of Cocaine
(or the equivalent amount of other Schedule I or II Stimulants);
At least 50 G but less than 150 G of Cocaine Base;
At least 1 KG but less than 3 KG of PCP,
or at least 100 G but less than 300 G of Pure PCP;
At least 1 KG but less than 3 KG of Methamphetamine,
or at least 100 G but less than 300 G of Pure Methamphetamine;
At least 10 G but less than 30 G of LSD
(or the equivalent amount of other Schedule I or II Hallucinogens);
At least 400 G but less than 1.2 KG of Fentanyl;
At least 100 G but less than 300 G of a Fentanyl Analogue;
At least 1,000 KG but less than 3,000 KG of Marihuana;
At least 200 KG but less than 600 KG of Hashish;
At least 20 KG but less than 60 KG of Hashish Oil.
(7) At least 700 G but less than 1 KG of Heroin Level 30
(or the equivalent amount of other Schedule I or II Opiates);
At least 3.5 KG but less than 5 KG of Cocaine
(or the equivalent amount of other Schedule I or II Stimulants);
At least 35 G but less than 50 G of Cocaine Base;
At least 700 G but less than 1 KG of PCP,
or at least 70 G but less than 100 G of Pure PCP;
At least 700 G but less than 1 KG of Methamphetamine,
or at least 70 G but less than 100 G of Pure Methamphetamine;
At least 7 G but less than 10 G of LSD
(or the equivalent amount of other Schedule I or II Hallucinogens);
At least 280 G but less than 400 G of Fentanyl;
At least 70 G but less than 100 G of a Fentanyl Analogue;
At least 700 KG but less than 1,000 KG of Marihuana;
At least 140 KG but less than 200 KG of Hashish;
At least 14 KG but less than 20 KG of Hashish Oil.
(8) At least 400 G but less than 700 G of Heroin Level 28
(or the equivalent amount of other Schedule I or II Opiates);
At least 2 KG but less than 3.5 KG of Cocaine
(or the equivalent amount of other Schedule I or II Stimulants);
At least 20 G but less than 35 G of Cocaine Base;
At least 400 G but less than 700 G of PCP,
or at least 40 G but less than 70 G of Pure PCP;
At least 400 G but less than 700 G of Methamphetamine,
or at least 40 G but less than 70 G of Pure Methamphetamine;
At least 4 G but less than 7 G of LSD
(or the equivalent amount of other Schedule I or II Hallucinogens);
At least 160 G but less than 280 G of Fentanyl;
At least 40 G but less than 70 G of a Fentanyl Analogue;
At least 400 KG but less than 700 KG of Marihuana;
At least 80 KG but less than 140 KG of Hashish;
At least 8 KG but less than 14 KG of Hashish Oil.
(9) At least 100 G but less than 400 G of Heroin Level 26
(or the equivalent amount of other Schedule I or II Opiates);
At least 500 G but less than 2 KG of Cocaine
(or the equivalent amount of other Schedule I or II Stimulants);
At least 5 G but less than 20 G of Cocaine Base;
At least 100 G but less than 400 G of PCP,
or at least 10 G but less than 40 G of Pure PCP;
At least 100 G but less than 400 G of Methamphetamine,
or at least 10 G but less than 40 G of Pure Methamphetamine;
At least 1 G but less than 4 G of LSD
(or the equivalent amount of other Schedule I or II Hallucinogens);
At least 40 G but less than 160 G of Fentanyl;
At least 10 G but less than 40 G of a Fentanyl Analogue;
At least 100 KG but less than 400 KG of Marihuana;
At least 20 KG but less than 80 KG of Hashish;
At least 2 KG but less than 8 KG of Hashish Oil.
(10) At least 80 G but less than 100 G of Heroin Level 24
(or the equivalent amount of other Schedule I or II Opiates);
At least 400 G but less than 500 G of Cocaine
(or the equivalent amount of other Schedule I or II Stimulants);
At least 4 G but less than 5 G of Cocaine Base;
At least 80 G but less than 100 G of PCP,
or at least 8 G but less than 10 G of Pure PCP;
At least 80 G but less than 100 G of Methamphetamine,
or at least 8 G but less than 10 G of Pure Methamphetamine;
At least 800 MG but less than 1 G of LSD
(or the equivalent amount of other Schedule I or II Hallucinogens);
At least 32 G but less than 40 G of Fentanyl;
At least 8 G but less than 10 G of a Fentanyl Analogue;
At least 80 KG but less than 100 KG of Marihuana;
At least 16 KG but less than 20 KG of Hashish;
At least 1.6 KG but less than 2 KG of Hashish Oil.
(11) At least 60 G but less than 80 G of Heroin Level 22
(or the equivalent amount of other Schedule I or II Opiates);
At least 300 G but less than 400 G of Cocaine
(or the equivalent amount of other Schedule I or II Stimulants);
At least 3 G but less than 4 G of Cocaine Base;
At least 60 G but less than 80 G of PCP,
or at least 6 G but less than 8 G of Pure PCP;
At least 60 G but less than 80 G of Methamphetamine,
or at least 6 G but less than 8 G of Pure Methamphetamine;
At least 600 MG but less than 800 MG of LSD
(or the equivalent amount of other Schedule I or II Hallucinogens);
At least 24 G but less than 32 G of Fentanyl;
At least 6 G but less than 8 G of a Fentanyl Analogue;
At least 60 KG but less than 80 KG of Marihuana;
At least 12 KG but less than 16 KG of Hashish;
At least 1.2 KG but less than 1.6 KG of Hashish Oil.
(12) At least 40 G but less than 60 G of Heroin Level 20
(or the equivalent amount of other Schedule I or II Opiates);
At least 200 G but less than 300 G of Cocaine
(or the equivalent amount of other Schedule I or II Stimulants);
At least 2 G but less than 3 G of Cocaine Base;
At least 40 G but less than 60 G of PCP,
or at least 4 G but less than 6 G of Pure PCP;
At least 40 G but less than 60 G of Methamphetamine,
or at least 4 G but less than 6 G of Pure Methamphetamine;
At least 400 MG but less than 600 MG of LSD
(or the equivalent amount of other Schedule I or II Hallucinogens);
At least 16 G but less than 24 G of Fentanyl;
At least 4 G but less than 6 G of a Fentanyl Analogue;
At least 40 KG but less than 60 KG of Marihuana;
At least 8 KG but less than 12 KG of Hashish;
At least 800 G but less than 1.2 KG of Hashish Oil;
20 KG or more of Schedule I or II Depressants or Schedule III substances.
(13) At least 20 G but less than 40 G of Heroin Level 18
(or the equivalent amount of other Schedule I or II Opiates);
At least 100 G but less than 200 G of Cocaine
(or the equivalent amount of other Schedule I or II Stimulants);
At least 1 G but less than 2 G of Cocaine Base;
At least 20 G but less than 40 G of PCP,
or at least 2 G but less than 4 G of Pure PCP;
At least 20 G but less than 40 G of Methamphetamine,
or at least 2 G but less than 4 G of Pure Methamphetamine;
At least 200 MG but less than 400 MG of LSD
(or the equivalent amount of other Schedule I or II Hallucinogens);
At least 8 G but less than 16 G of Fentanyl;
At least 2 G but less than 4 G of a Fentanyl Analogue;
At least 20 KG but less than 40 KG of Marihuana;
At least 5 KG but less than 8 KG of Hashish;
At least 500 G but less than 800 G of Hashish Oil;
At least 10 KG but less than 20 KG of Schedule I or II Depressants
or Schedule III substances.
(14) At least 10 G but less than 20 G of Heroin Level 16
(or the equivalent amount of other Schedule I or II Opiates);
At least 50 G but less than 100 G of Cocaine
(or the equivalent amount of other Schedule I or II Stimulants);
At least 500 MG but less than 1 G of Cocaine Base;
At least 10 G but less than 20 G of PCP,
or at least 1 G but less than 2 G of Pure PCP;
At least 10 G but less than 20 G of Methamphetamine,
or at least 1 G but less than 2 G of Pure Methamphetamine;
At least 100 MG but less than 200 MG of LSD
(or the equivalent amount of other Schedule I or II Hallucinogens);
At least 4 G but less than 8 G of Fentanyl;
At least 1 G but less than 2 G of a Fentanyl Analogue;
At least 10 KG but less than 20 KG of Marihuana;
At least 2 KG but less than 5 KG of Hashish;
At least 200 G but less than 500 G of Hashish Oil;
At least 5 KG but less than 10 KG of Schedule I or II Depressants
or Schedule III substances.
(15) At least 5 G but less than 10 G of Heroin Level 14
(or the equivalent amount of other Schedule I or II Opiates);
At least 25 G but less than 50 G of Cocaine
(or the equivalent amount of other Schedule I or II Stimulants);
At least 250 MG but less than 500 MG of Cocaine Base;
At least 5 G but less than 10 G of PCP,
or at least 500 MG but less than 1 G of Pure PCP;
At least 5 G but less than 10 G of Methamphetamine,
or at least 500 MG but less than 1 G of Pure Methamphetamine;
At least 50 MG but less than 100 MG of LSD
(or the equivalent amount of other Schedule I or II Hallucinogens);
At least 2 G but less than 4 G of Fentanyl;
At least 500 MG but less than 1 G of a Fentanyl Analogue;
At least 5 KG but less than 10 KG of Marihuana;
At least 1 KG but less than 2 KG of Hashish;
At least 100 G but less than 200 G of Hashish Oil;
At least 2.5 KG but less than 5 KG of Schedule I or II Depressants
or Schedule III substances.
(16) Less than 5 G Heroin (or the equivalent amount of other Level 12
Schedule I or II Opiates);
Less than 25 G Cocaine (or the equivalent amount of other
Schedule I or II Stimulants);
Less than 250 MG of Cocaine Base;
Less than 5 G of PCP, or less than 500 MG of Pure PCP;
Less than 5 G of Methamphetamine,
or less than 500 MG of Pure Methamphetamine;
Less than 50 MG of LSD
(or the equivalent amount of other Schedule I or II Hallucinogens);
Less than 2 G of Fentanyl;
Less than 500 MG of a Fentanyl Analogue;
At least 2.5 KG but less than 5 KG of Marihuana;
At least 500 G but less than 1 KG of Hashish;
At least 50 G but less than 100 G of Hashish Oil;
At least 1.25 KG but less than 2.5 KG of Schedule I or II
Depressants or Schedule III substances;
20 KG or more of Schedule IV substances.
(17) At least 1 KG but less than 2.5 KG of Marihuana; Level 10
At least 200 G but less than 500 G of Hashish;
At least 20 G but less than 50 G of Hashish Oil;
At least 500 G but less than 1.25 KG of Schedule I or II
Depressants or Schedule III substances;
At least 8 KG but less than 20 KG of Schedule IV substances.
(18) At least 250 G but less than 1 KG of Marihuana; Level 8
At least 50 G but less than 200 G of Hashish;
At least 5 G but less than 20 G of Hashish Oil;
At least 125 G but less than 500 G of Schedule I or II
Depressants or Schedule III substances;
At least 2 KG but less than 8 KG of Schedule IV substances;
20 KG or more of Schedule V substances.
(19) Less than 250 G of Marihuana; Level 6
Less than 50 G of Hashish;
Less than 5 G of Hashish Oil;
Less than 125 G of Schedule I or II Depressants or Schedule III substances;
Less than 2 KG of Schedule IV substances;
Less than 20 KG of Schedule V substances.
________________________________
*Unless otherwise specified, the weight of a controlled substance set forth in the table refers to the entire weight of any mixture or substance containing a detectable amount of the controlled substance. If a mixture or substance contains more than one controlled substance, the weight of the entire mixture or substance is assigned to the controlled substance that results in the greater offense level. In the case of a mixture or substance containing PCP or methamphetamine, use the offense level determined by the entire weight of the mixture or substance or the offense level determined by the weight of the pure PCP or methamphetamine, whichever is greater.
In the case of an offense involving marihuana plants, if the offense involved (A) 50 or more marihuana plants, treat each plant as equivalent to 1 KG of marihuana; (B) fewer than 50 marihuana plants, treat each plant as equivalent to 100 G of marihuana. Provided , however, that if the actual weight of the marihuana is greater, use the actual weight of the marihuana.".
The Commentary to §2D1.1 captioned "Application Notes" is amended in Note 9 by inserting immediately before the period at the end of the first sentence of the first paragraph:
", except in the case of PCP or methamphetamine for which the guideline itself provides for the consideration of purity (see the footnote to the Drug Quantity Table)",
and by deleting the second paragraph as follows:
"Congress provided an exception to purity considerations in the case of phencyclidine (PCP). 21 U.S.C. § 841(b)(1)(A). The legislation designates amounts of pure PCP and mixtures in establishing mandatory sentences. The first row of the table illustrates this distinction as one kilogram of PCP or 100 grams of pure PCP. Allowance for higher sentences based on purity is not appropriate for PCP.".
The Commentary to §2D1.1 captioned "Application Notes" is amended in the first paragraph of Note 10 by inserting "methamphetamine, fentanyl," immediately following "i.e., heroin, cocaine, PCP," and by deleting:
"one gram of a substance containing methamphetamine, a Schedule I stimulant, is to be treated as the equivalent of two grams of a substance containing cocaine in applying the Drug Quantity Table.",
and inserting in lieu thereof:
"one gram of a substance containing oxymorphone, a Schedule I opiate, is to be treated as the equivalent of five grams of a substance containing heroin in applying the Drug Quantity Table.".
The Commentary to §2D1.1 captioned "Application Notes" is amended in Note 10, in the subdivision of the "Drug Equivalency Tables" captioned "Cocaine and Other Schedule I & II Stimulants" by deleting "2.0 gm. of cocaine/0.4 gm of heroin" immediately following "1 gm of Methamphetamine =" and inserting in lieu thereof "5.0 gm of cocaine/1.0 gm of heroin", and by deleting:
"1 gm of Phenylacetone/P2P (amphetamine precursor) = 0.375 gm of cocaine/0.075 gm of heroin
1 gm of Phenylacebone/P2P (methamphetamine precursor) = 0.833 gm of cocaine/0.167 gm of heroin",
and inserting in lieu thereof:
"1 gm Phenylacetone/P2P (when possessed for the purpose of manufacturing methamphetamine) = 2.08 gm of cocaine/0.418 gm of heroin
1 gm Phenylacetone/P2P (in any other case) = 0.375 gm of cocaine/0.075 gm of heroin".
The Commentary to §2D1.1 captioned "Application Notes" is amended in Note 10, in the subdivision of the "Drug Equivalency Tables" captioned "Schedule I Marihuana" by deleting:
"1 Marihuana/Cannabis Plant = 0.1 gm of heroin/100 gm of marihuana".
The Commentary to §2D1.1 captioned "Application Notes" is amended in Note 10 in the second paragraph by deleting "Other Schedule I or II Substances" and inserting in lieu thereof "Schedule I or II Depressants", and in the "Drug Equivalency Tables" by deleting "Other Schedule I or II Substances" and inserting in lieu thereof "Schedule I or II Depressants".
The Commentary to 2D1.1 captioned "Background" is amended in the third paragraph by deleting "with two asterisks represent mandatory minimum sentences established by the Anti-Drug Abuse Act of 1986. These levels reflect sentences" and inserting in lieu thereof "at levels 26 and 32 establish guideline ranges", and by deleting "requirement" and inserting in lieu thereof "minimum".
Reason for Amendment: The purposes of this amendment are to expand the Drug Quantity Table to reflect offenses involving extremely large quantities of controlled substances, to eliminate minor gaps in the Drug Quantity Table, to reflect the statutory change with respect to methamphetamine (Section 6470 of the Anti-Drug Abuse Act of 1988) by inserting specific references to the quantity of this substance for each offense level set forth in the table, to reflect the statutory change with respect to fifty or more marihuana plants (Section 6479 of the Anti-Drug Abuse Act of 1988), to correct anomaly in the relationship of hashish oil to hashish in levels 6 and 8 of the Drug Quantity Table, to delete an unnecessary footnote, and to clarify the operation of the guideline.
Effective Date: The effective date of this amendment is November 1, 1989.