AMENDMENT 396
Amendment: The Commentary to §2D1.1 captioned "Application Notes" is amended in Note 10 in the first paragraph by deleting "grams of a substance containing heroin" and inserting in lieu thereof "kilograms of marihuana"; in the second paragraph by deleting:
"If all the drugs are ‘equivalents’ of the same drug, e.g., stimulants that are grouped with cocaine, convert them to that drug. In other cases, convert each of the drugs to either the heroin or marihuana equivalents, add the quantities, and look up the total in the Drug Quantity Table to obtain the combined offense level. Use the marihuana equivalents when the only substances involved are ‘Schedule I Marihuana,’ ‘Schedule III Substances,’ ‘Schedule IV Substances,’ ‘Schedule V Substances’ or ‘Schedule I or II Depressants.’ Otherwise, use the heroin equivalents.",
and inserting in lieu thereof:
"In each case, convert each of the drugs to its marihuana equivalent, add the quantities, and look up the total in the Drug Quantity Table to obtain the combined offense level.";
in the first example by deleting:
"a. The defendant is convicted of selling seventy grams of a substance containing PCP (Level 22) and 250 milligrams of a substance containing LSD (Level 18). Both PCP and LSD are grouped together in the Drug Equivalency Tables under the heading ‘LSD, PCP, and Other Schedule I and II Hallucinogens,’ which provide PCP equivalencies. The 250 milligrams of LSD is equivalent to twenty-five grams of PCP. The total is therefore ninety-five grams of PCP, for which the Drug Quantity Table provides an offense level of 24.",
and inserting in lieu thereof:
"a. The defendant is convicted of selling 70 grams of a substance containing PCP (Level 22) and 250 milligrams of a substance containing LSD (Level 18). The PCP converts to 70 kilograms of marihuana; the LSD converts to 25 kilograms of marihuana. The total is therefore equivalent to 95 kilograms of marihuana, for which the Drug Quantity Table provides an offense level of 24.";
and in the third example by deleting:
"c. The defendant is convicted of selling eighty grams of cocaine (Level 16) and five kilograms of marihuana (Level 14). The cocaine is equivalent to sixteen grams of heroin; the marihuana, to five grams of heroin. The total equivalent is twenty-one grams of heroin, which has an offense level of 18 in the Drug Quantity Table.",
and inserting in lieu thereof:
"c. The defendant is convicted of selling 80 grams of cocaine (Level 16) and five kilograms of marihuana (Level 14). The cocaine is equivalent to 16 kilograms of marihuana. The total is therefore equivalent to 21 kilograms of marihuana, which has an offense level of 18 in the Drug Quantity Table.".
The Commentary to §2D1.1 captioned "Application Notes" is amended in Note 10 by inserting the following additional paragraph as the third paragraph:
"For certain types of controlled substances, the marihuana equivalencies in the Drug Equivalency Tables are ‘capped’ at specified amounts (e.g., the combined equivalent weight of all Schedule V controlled substances shall not exceed 999 grams of marihuana). Where there are controlled substances from more than one schedule (e.g., a quantity of a Schedule IV substance and a quantity of a Schedule V substance), determine the marihuana equivalency for each schedule separately (subject to the cap, if any, applicable to that schedule). Then add the marihuana equivalencies to determine the combined marihuana equivalency (subject to the cap, if any, applicable to the combined amounts).".
The Commentary to §2D1.1 captioned "Application Notes" is amended in Note 10 by inserting the following additional example immediately after example (c):
"d. The defendant is convicted of selling 28 kilograms of a Schedule III substance, 50 kilograms of a Schedule IV substance, and 100 kilograms of a Schedule V substance. The marihuana equivalency for the Schedule III substance is 56 kilograms of marihuana (below the cap of 59.99 kilograms of marihuana set forth as the maximum equivalent weight for Schedule III substances). The marihuana equivalency for the Schedule IV substance is subject to a cap of 4.99 kilograms of marihuana set forth as the maximum equivalent weight for Schedule IV substances (without the cap it would have been 6.25 kilograms). The marihuana equivalency for the Schedule V substance is subject to the cap of 999 grams of marihuana set forth as the maximum equivalent weight for Schedule V substances (without the cap it would have been 1.25 kilograms). The combined equivalent weight, determined by adding together the above amounts, is subject to the cap of 59.99 kilograms of marihuana set forth as the maximum combined equivalent weight for Schedule III, IV, and V substances. Without the cap, the combined equivalent weight would have been 61.99 (56 + 4.99 + .999) kilograms.".
The Commentary to §2D1.1 captioned "Application Notes" is amended in Note 10 by deleting:
"DRUG EQUIVALENCY TABLES
| Schedule I or II Opiates | |
| 1 gm of Alpha-Methylfentanyl = | 10 gm of heroin |
| 1 gm of Dextromoramide = | 10.67 gm of heroin |
| 1 gm of Dipipanone = | 10.25 gm of heroin |
| 1 gm of 3-Methylfentanyl = | 110 gm of heroin |
| 1 gm of 1-Methyl-4-phenyl-4-propionoxypiperidine/MPPP = | 10.7 gm of heroin |
| 1 gm of 1-(2-Phenylethyl)-4-phenyl-4-acetyloxypiperidine/PEPAP = | 10.7 gm of heroin |
| 1 gm of Alphaprodine = | 10.1 gm of heroin |
| 1 gm of Fentanyl (N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] Propanamide) = | 12.5 gm of heroin |
| 1 gm of Hydromorphone/Dihydromorphinone = | 12.5 gm of heroin |
| 1 gm of Levorphanol = | 12.5 gm of heroin |
| 1 gm of Meperidine/Pethidine = | 10.05 gm of heroin |
| 1 gm of Methadone = | 10.5 gm of heroin |
| 1 gm of 6-Monoacetylmorphine = | 11 gm of heroin |
| 1 gm of Morphine = | 10.5 gm of heroin |
| 1 gm of Oxycodone = | 10.5 gm of heroin |
| 1 gm of Oxymorphone = | 15 gm of heroin |
| 1 gm of Racemorphan = | 10.8 gm of heroin |
| 1 gm of Codeine = | 10.08 gm of heroin |
| 1 gm of Dextropropoxyphene/Propoxyphene-Bulk = | 10.05 gm of heroin |
| 1 gm of Ethylmorphine = | 10.165 gm of heroin |
| 1 gm of Hydrocodone/Dihydrocodeinone = | 10.5 gm of heroin |
| 1 gm of Hydrocodone/Dihydrocodeinone = | 10.5 gm of heroin |
| 1 gm of Mixed Alkaloids of Opium/Papaveretum = | 10.25 gm of heroin |
| 1 gm of Opium = | 10.05 gm of heroin |
| Cocaine and Other Schedule I and II Stimulants (and their immediate precursors) | |
| 1 gm of Cocaine = | 0.2 gm of heroin |
| 1 gm of N-Ethylamphetamine = | 0.4 gm of cocaine/0.08 gm of heroin |
| 1 gm of Fenethylline = | 0.2 gm of cocaine/0.04 gm of heroin |
| 1 gm of Amphetamine = | 1.0 gm of cocaine/0.2 gm of heroin |
| 1 gm of Dextroamphetamine = | 1.0 gm of cocaine/0.2 gm of heroin |
| 1 gm of Methamphetamine = | 5.0 gm of cocaine/1.0 gm of heroin |
| 1 gm of Methamphetamine (Pure) = | 50 gm of cocaine/10 gm of heroin |
| 1 gm of L-Methamphetamine/Levo-methamphetamine/L-Desoxyephedrine= | 0.2 gm of cocaine/0.04 gm of heroin |
| 1 gm of 4-Methylaminorex ("Euphoria")= | 0.5 gm of cocaine/0.1 gm of heroin |
| 1 gm of Methylphenidate (Ritalin)= | 0.5 gm of cocaine/0.1 gm of heroin |
| 1 gm of Phenmetrazine = | 0.4 gm of cocaine/0.08 gm of heroin |
| 1 gm Phenylacetone/P2P (when possessed for the purpose of manufacturing methamphetamine) = | 2.08 gm of cocaine/0.416 gm of heroin |
| 1 gm Phenylacetone/P2P (in any other case) = | 0.375 gm of cocaine/0.075 gm of heroin |
| 1 gm of Cocaine Base ("Crack") = | 100 gm of cocaine/20 gm of heroin |
| LSD, PCP, and Other Schedule I and II Hallucinogens (and their immediate precursors) | |
| 1 gm of Bufotenine = | 0.07 gm of heroin or PCP |
| 1 gm of D-Lysergic Acid Diethylamide/Lysergide/LSD = | 100 gm of heroin or PCP |
| 1 gm of Diethyltryptamine/DET = | 0.08 gm of heroin or PCP |
| 1 gm of Dimethyltryptamine/DMT = | 0.1 gm of heroin or PCP |
| 1 gm of Mescaline = | 0.01 gm of heroin or PCP |
| 1 gm of Mushrooms containing Psilocin and/or Psilocybin (Dry) = | 0.001 gm of heroin or PCP |
| 1 gm of Mushrooms containing Psilocin and/or Psilocybin (Wet) = | 0.0001 gm of heroin or PCP |
| 1 gm of Peyote (Dry) = | 0.0005 gm of heroin or PCP |
| 1 gm of Peyote (Wet) = | 0.00005 gm of heroin or PCP |
| 1 gm of Phencyclidine/PCP = | 1 gm of heroin |
| 1 gm of Phencyclidine (Pure PCP) = | 10 gm of heroin or PCP |
| 1 gm of Psilocin = | 0.5 gm of heroin or PCP |
| 1 gm of Psilocybin = | 0.5 gm of heroin or PCP |
| 1 gm of Pyrrolidine Analog of Phencyclidine/PHP = | 1 gm of heroin or PCP |
| 1 gm of Thiophene Analog of Phencyclidine/TCP = | 1 gm of heroin or PCP |
| 1 gm of 4-Bromo-2,5-Dimethoxyamphetamine/DOB = | 2.5 gm of heroin or PCP |
| 1 gm of 2,5-Dimethoxy-4-methylamphetamine/DOM = | 1.67 gm of heroin or PCP |
| 1 gm of 3,4-Methylenedioxyamphetamine/MDA = | 0.05 gm of heroin or PCP |
| 1 gm of 3,4-Methylenedioxymethamphetamine/MDMA = | 0.035 gm of heroin or PCP |
| 1 gm of 3,4-Methylenedioxy-N-ethylamphetamine/MDEA= | 0.03 gm of heroin or PCP |
| 1 gm of 1-Piperidinocyclohexanecarbonitrile/PCC = | 0.68 gm of heroin or PCP |
| Schedule I Marihuana | |
| 1 gm of Marihuana/Cannabis = | 1 mg of heroin |
| 1 gm of Marihuana/Cannabis, granulated, powdered, etc. = | 1 mg of heroin/1 gm of marihuana |
| 1 gm of Hashish Oil = | 0.05 gm of heroin/50 gm of marihuana |
| 1 gm of Cannabis Resin or Hashish = | 5 mg of heroin/5 gm of marihuana |
| 1 gm of Tetrahydrocannabinol, Organic = | 0.167 gm of heroin/167 gm of marihuana |
| 1 gm of Tetrahydrocannabinol, Synthetic = | 0.167 gm of heroin/167 gm of marihuana |
| Schedule I or II Depressants | |
| 1 gm of Methaqualone = | 0.7 mg of heroin/700 mg of marihuana |
| 1 gm of Amobarbital = | 2 mg of heroin/2 gm of marihuana |
| 1 gm of Pentobarbital = | 2 mg of heroin/2 gm of marihuana |
| 1 gm of Secobarbital = | 2 mg of heroin/2 gm of marihuana |
| Schedule III Substances | |
| 1 gm of Allobarbital = | 2 mg of heroin/2 gm of marihuana |
| 1 gm of Aprobarbital = | 2 mg of heroin/2 gm of marihuana |
| 1 gm of Barbiturate = | 2 mg of heroin/2 gm of marihuana |
| 1 gm of Benzphetamine= | 4 mg of heroin/4 gm of marihuana |
| 1 gm of Butabarbital = | 2 mg of heroin/2 gm of marihuana |
| 1 gm of Butalbital = | 2 mg of heroin/2 gm of marihuana |
| 1 gm of Butobarbital/butethal = | 2 mg of heroin/2 gm of marihuana |
| 1 gm of Cyclobarbital = | 2 mg of heroin/2 gm of marihuana |
| 1 gm of Cyclopentobarbital = | 2 mg of heroin/2 gm of marihuana |
| 1 gm of Glutethimide = | 0.4 mg of heroin/0.4 gm of marihuana |
| 1 gm of Heptabarbital = | 2 mg of heroin/2 gm of marihuana |
| 1 gm of Hexethal = | 2 mg of heroin/2 gm of marihuana |
| 1 gm of Hexobarbital = | 2 mg of heroin/2 gm of marihuana |
| 1 gm of Metharbital = | 2 mg of heroin/2 gm of marihuana |
| 1 gm of Talbutal = | 2 mg of heroin/2 gm of marihuana |
| 1 gm of Thialbarbital = | 2 mg of heroin/2 gm of marihuana |
| 1 gm of Thiamylal = | 2 mg of heroin/2 gm of marihuana |
| 1 gm of Thiobarbital = | 2 mg of heroin/2 gm of marihuana |
| 1 gm of Thiopental = | 2 mg of heroin/2 gm of marihuana |
| 1 gm of Vinbarbital = | 2 mg of heroin/2 gm of marihuana |
| 1 gm of Vinylbital = | 2 mg of heroin/2 gm of marihuana |
| 1 gm of Phendimetrazine = | 2 mg of heroin/2 gm of marihuana |
| 1 ml of Paregoric= | 0.25 mg of heroin/0.25 gm of marihuana |
| 1 ml of Hydrocodone Cough Syrup= | 1 mg of heroin/1 gm of marihuana |
| Schedule IV Substances | |
| 1 gm of Phentermine = | 0.125 mg of heroin/0.125 gm of marihuana |
| 1 gm of Pentazocine = | 0.125 mg of heroin/0.125 gm of marihuana |
| 1 gm of Barbital = | 0.125 mg of heroin/0.125 gm of marihuana |
| 1 gm of Diazepam = | 0.125 mg of heroin/0.125 gm of marihuana |
| 1 gm of Phenobarbital = | 0.125 mg of heroin/0.125 gm of marihuana |
| 1 gm of Methohexital = | 0.125 mg of heroin/0.125 gm of marihuana |
| 1 gm of Methylphenobarbital/Mephobarbital = | 0.125 mg of heroin/0.125 gm of marihuana |
| 1 gm of Nitrazepam = | 0.125 mg of heroin/0.125 gm of marihuana |
| Schedule V Substances | |
| 1 gm of codeine cough syrup = | 0.0125 mg of heroin/12.5 mg of marihuana.", |
and inserting in lieu thereof:
"DRUG EQUIVALENCY TABLES
| Schedule I or II Opiates | |
| 1 gm of Heroin = | 1 kg of marihuana |
| 1 gm of Alpha-Methylfentanyl = | 10 kg of marihuana |
| 1 gm of Dextromoramide = | 670 gm of marihuana |
| 1 gm of Dipipanone = | 250 gm of marihuana |
| 1 gm of 3-Methylfentanyl = | 10 kg of marihuana |
| 1 gm of 1-Methyl-4-phenyl-4-propionoxypiperidine/MPPP = | 700 gm of marihuana |
| 1 gm of 1-(2-Phenylethyl)-4-phenyl-4-acetyloxypiperidine/PEPAP = | 700 gm of marihuana |
| 1 gm of Alphaprodine = | 100 gm of marihuana |
| 1 gm of Fentanyl (N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] Propanamide) = | 2.5 kg of marihuana |
| 1 gm of Hydromorphone/Dihydromorphinone = | 2.5 kg of marihuana |
| 1 gm of Levorphanol = | 2.5 kg of marihuana |
| 1 gm of Meperidine/Pethidine = | 50 gm of marihuana |
| 1 gm of Methadone = | 500 gm of marihuana |
| 1 gm of 6-Monoacetylmorphine = | 1 kg of marihuana |
| 1 gm of Morphine = | 500 gm of marihuana |
| 1 gm of Oxycodone = | 500 gm of marihuana |
| 1 gm of Oxymorphone = | 5 kg of marihuana |
| 1 gm of Racemorphan = | 800 gm of marihuana |
| 1 gm of Codeine = | 80 gm of marihuana |
| 1 gm of Dextropropoxyphene/Propoxyphene-Bulk = 5 | 0 gm of marihuana |
| 1 gm of Ethylmorphine = | 165 gm of marihuana |
| 1 gm of Hydrocodone/Dihydrocodeinone = | 500 gm of marihuana |
| 1 gm of Mixed Alkaloids of Opium/Papaveretum = | 250 gm of marihuana |
| 1 gm of Opium = | 50 gm of marihuana |
| Cocaine and Other Schedule I and II Stimulants (and their immediate precursors) | |
| 1 gm of Cocaine = | 200 gm of marihuana |
| 1 gm of N-Ethylamphetamine = | 80 gm of marihuana |
| 1 gm of Fenethylline = | 40 gm of marihuana |
| 1 gm of Amphetamine = | 200 gm of marihuana |
| 1 gm of Dextroamphetamine = | 200 gm of marihuana |
| 1 gm of Methamphetamine = | 1 kg of marihuana |
| 1 gm of Methamphetamine (Actual) = | 10 kg of marihuana |
| 1 gm of "Ice" = | 10 kg of marihuana |
| 1 gm of L-Methamphetamine/Levo-methamphetamine/L-Desoxyephedrine= | 40 gm of marihuana |
| 1 gm of 4-Methylaminorex ("Euphoria")= | 100 gm of marihuana |
| 1 gm of Methylphenidate (Ritalin)= | 100 gm of marihuana |
| 1 gm of Phenmetrazine = | 80 gm of marihuana |
| 1 gm Phenylacetone/P2P (when possessed for the purpose of manufacturing methamphetamine) = | 416 gm of marihuana |
| 1 gm Phenylacetone/P2P (in any other case) = | 75 gm of marihuana |
| 1 gm of Cocaine Base ("Crack") = | 20 kg of marihuana |
| LSD, PCP, and Other Schedule I and II Hallucinogens (and their immediate precursors) | |
| 1 gm of Bufotenine = | 70 gm of marihuana |
| 1 gm of D-Lysergic Acid Diethylamide/Lysergide/LSD = | 100 kg of marihuana |
| 1 gm of Diethyltryptamine/DET = | 80 gm of marihuana |
| 1 gm of Dimethyltryptamine/DMT = | 100 gm of marihuana |
| 1 gm of Mescaline = | 10 gm of marihuana |
| 1 gm of Mushrooms containing Psilocin and/or Psilocybin (Dry) = | 1 gm of marihuana |
| 1 gm of Mushrooms containing Psilocin and/or Psilocybin (Wet) = | 0.1 gm of marihuana |
| 1 gm of Peyote (Dry) = | 0.5 gm of marihuana |
| 1 gm of Peyote (Wet) = | 0.05 gm of marihuana |
| 1 gm of Phencyclidine/PCP = | 1 kg of marihuana |
| 1 gm of Phencyclidine (actual) /PCP (actual) = | 10 kg of marihuana |
| 1 gm of Psilocin = | 500 gm of marihuana |
| 1 gm of Psilocybin = | 500 gm of marihuana |
| 1 gm of Pyrrolidine Analog of Phencyclidine/PHP = | 1 kg of marihuana |
| 1 gm of Thiophene Analog of Phencyclidine/TCP = | 1 kg of marihuana |
| 1 gm of 4-Bromo-2,5-Dimethoxyamphetamine/DOB = | 2.5 kg of marihuana |
| 1 gm of 2,5-Dimethoxy-4-methylamphetamine/DOM = | 1.67 kg of marihuana |
| 1 gm of 3,4-Methylenedioxyamphetamine/MDA = | 50 gm of marihuana |
| 1 gm of 3,4-Methylenedioxymethamphetamine/MDMA = | 35 gm of marihuana |
| 1 gm of 3,4-Methylenedioxy-N-ethylamphetamine/MDEA= | 30 gm of marihuana |
| 1 gm of 1-Piperidinocyclohexanecarbonitrile/PCC = | 680 gm of marihuana |
| Schedule I Marihuana | |
| 1 gm of Marihuana/Cannabis, granulated, powdered, etc. = | 1 gm of marihuana |
| 1 gm of Hashish Oil = | 50 gm of marihuana |
| 1 gm of Cannabis Resin or Hashish = | 5 gm of marihuana |
| 1 gm of Tetrahydrocannabinol, Organic = | 167 gm of marihuana |
| 1 gm of Tetrahydrocannabinol, Synthetic = | 167 gm of marihuana |
| Secobarbital and Other Schedule I or II Depressants * | |
| 1 gm of Amobarbital = | 2 gm of marihuana |
| 1 gm of Glutethimide = | 0.4 gm of marihuana |
| 1 gm of Methaqualone = | 0.7 gm of marihuana |
| 1 gm of Pentobarbital = | 2 gm of marihuana |
| 1 gm of Secobarbital = | 2 gm of marihuana |
* Provided , that the combined equivalent weight of all Schedule I or II depressants, Schedule III substances, Schedule IV substances, and Schedule V substances shall not exceed 59.99 kilograms of marihuana.
| Schedule III Substances ** | |
| 1 gm of a Schedule III Substance (except anabolic steroids) = | 2 gm of marihuana |
| 1 unit of anabolic steroids = | 1 gm of marihuana |
** Provided , that the combined equivalent weight of all Schedule III substances, Schedule I or II depressants, Schedule IV substances, and Schedule V substances shall not exceed 59.99 kilograms of marihuana.
| Schedule IV Substances *** | |
| 1 gm of a Schedule IV Substance = | 0.125 gm of marihuana |
*** Provided , that the combined equivalent weight of all Schedule IV and V substances shall not exceed 4.99 kilograms of marihuana.
| Schedule V Substances **** | |
| 1 gm of a Schedule V Substance = | 0.0125 gm of marihuana |
**** Provided , that the combined equivalent weight of Schedule V substances shall not exceed 999 grams of marihuana.".
The Commentary to §2D1.1 captioned "Background" is amended by inserting the following additional paragraph as the fourth paragraph:
" In cases involving fifty or more marihuana plants, an equivalency of one plant to one kilogram of marihuana is derived from the statutory penalty provisions of 21 U.S.C. § 841(b)(1)(A), (B), and (D). In cases involving fewer than fifty plants, the statute is silent as to the equivalency. For cases involving fewer than fifty plants, the Commission has adopted an equivalency of 100 grams per plant, or the actual weight of the usable marihuana, whichever is greater. The decision to treat each plant as equal to 100 grams is premised on the fact that the average yield from a mature marihuana plant equals 100 grams of marihuana. In controlled substance offenses, an attempt is assigned the same offense level as the object of the attempt (see §2D1.4). Consequently, the Commission adopted the policy that, in the case of fewer than fifty marihuana plants, each plant is to be treated as the equivalent of an attempt to produce 100 grams of marihuana, except where the actual weight of the usable marihuana is greater.".
Reason for Amendment: This amendment substitutes a single conversion for Schedule III substances (1 gm of a Schedule III substance = 2 gms of marihuana) that will simplify application of the guidelines as well as address currently unlisted Schedule III substances. Because the equivalencies for Schedule III substances are not statutorily based, nor are the pharmacological equivalencies as clear as with Schedule I or II Substances, a generic listing was deemed appropriate. For the same reasons, the amendment provides a single conversion for Schedule IV substances (1 gm of a Schedule IV substance = 0.125 gm of marihuana) and Schedule V substances (1 gm of a Schedule V substance = 0.0125 gm of marihuana). The amendment also adds a conversion for anabolic steroids consistent with their treatment in the Drug Quantity Table. In addition, the amendment adds footnotes to the Drug Equivalency Tables for Schedule I or II depressants and Schedule III, IV, and V substances to remove an ambiguity in guideline application by expressly limiting the combined equivalent weight of such substances to the marihuana amount consistent with the highest offense level for such substances provided in the Drug Quantity Table. See United States v. Gurgliolo, 894 F.2d 56 (3d Cir. 1990). The amendment inserts an additional listing under "Secobarbital and Other Schedule I and II Depressants" to reflect that glutethimide has been changed from a Schedule III to a Schedule II controlled substance under 21 C.F.R. §1308.12. In addition, the amendment simplifies the application of the Drug Equivalency Table by referencing the conversions to one substance (marihuana) rather than to four substances; the use of one referent rather than four makes no substantive change but will make the required computations easier and reduce the likelihood of computational error. Finally, the amendment sets forth the rationale for the Commission’s treatment of fewer than fifty marihuana plants.
Effective Date: The effective date of this amendment is November 1, 1991.