Federal Laws

Mark Meisinger handles federal offenses in the United States District Court for the Northern and Eastern Districts of Texas. Federal cases require an understanding of how federal laws and the federal sentencing guidelines need to be best used to a person’s benefit. Mark Meisinger has inside knowledge on how federal cases are prosecuted from beginning to end because of his experience working with the United States Attorney’s Office and in private practice. Whether you want to fight your case as hard as possible or make the best deal to resolve the charge he is an advocate that can help your specific situation.

When a person is accused of a crime in federal court the federal statute itself may have a punishment range or the offense will be assigned a base level score. That score can go up or down depending on aggravating or mitigating factors such as role in the offense, whether there was an obstruction of justice after the offense, whether there was a weapon involved, acceptance of responsibility and cooperation with the government. After the offense score is calculated the range of punishment is determined by using a federal sentencing chart. The chart has numbers going down the left side and criminal history across the top. A person’s criminal history is determined during a pre-sentence investigation by a federal probation officer. There is no parole from the federal bureau of prisons although most people who get released have a probation period that will send them back to the facility they came from if they are found in violation. Federal inmates must serve 85% of the time they are sentenced to.

Federal Sentencing Chart       

                                                               
http://www.rtmark.com/busted/information_files/sentence_table.gif

Possession of marijuana is punishable by up to one year in jail and a minimum fine of $1,000 for a first conviction. For a second conviction, the penalties increase to a 15-day mandatory minimum sentence with a maximum of two years in prison and a fine of up to $2,500. Subsequent convictions carry a 90-day mandatory minimum sentence and a maximum of up to three years in prison and a fine of up to $5,000.

Distribution of a small amount of marijuana, for no remuneration, is treated as possession. Manufacture or distribution of less than 50 plants or 50 kilograms of marijuana is punishable by up to five years in prison and a fine of up to $250,000. For 50-99 plants or 50-99 kilograms the penalty increases not more than 20 years in prison and a fine of up to $1 million if an individual, $5 million if other than an individual for the first offense. Manufacture or distribution of 100-999 plants or 100-999 kilograms carries a penalty of 5 - 40 years in prison and a fine of $2-$5 Million. For 1000 plants or 1000 kilograms or more, the penalty increases to 10 years - life in prison and a fine of $4-$10 Million.
Distribution of greater than 5 grams of marijuana to a minor under the age of 21 doubles the possible penalties. Distribution within 1,000 feet of a school, playground, public housing or within 100 feet of a youth center, public pool or video arcade also doubles the possible penalties.
The sale of paraphernalia is punishable by up to three years in prison.

The sentence of death can be carried out on a defendant who has been found guilty of manufacturing, importing or distributing a controlled substance if the act was committed as part of a continuing criminal enterprise – but only if the defendant is (1) the principal administrator, organizer, or leader of the enterprise or is one of several such principal administrators, organizers, or leaders, and (2) the quantity of the controlled substance is 60,000 kilograms or more of a mixture or substance containing a detectable amount of marijuana, or 60,000 or more marijuana plants, or the if the enterprise received more than $20 million in gross receipts during any 12-month period of its existence.

 

Federal Drug Laws

2011 FEDERAL SENTENCING GUIDELINES MANUAL
CHAPTER TWO - OFFENSE CONDUCT


PART D - OFFENSES INVOLVING DRUGS AND NARCO-TERRORISM
Historical Note:  Effective November 1, 1987.  Amended effective November 1, 2007 (see Appendix C, amendment 711).

1.      UNLAWFUL MANUFACTURING, IMPORTING, EXPORTING, TRAFFICKING, OR POSSESSION; CONTINUING CRIMINAL ENTERPRISE

§2D1.1.     Unlawful Manufacturing, Importing, Exporting, or Trafficking (Including Possession with Intent to Commit These Offenses); Attempt or Conspiracy 
(a)       Base Offense Level (Apply the greatest):
(1)       43, if the defendant is convicted under 21 U.S.C. § 841(b)(1)(A), (b)(1)(B), or (b)(1)(C), or 21 U.S.C. § 960(b)(1), (b)(2), or (b)(3), and the offense of conviction establishes that death or serious bodily injury resulted from the use of the substance and that the defendant committed the offense after one or more prior convictions for a similar offense; or
(2)       38, if the defendant is convicted under 21 U.S.C. § 841(b)(1)(A), (b)(1)(B), or (b)(1)(C), or 21 U.S.C. § 960(b)(1), (b)(2), or (b)(3), and the offense of conviction establishes that death or serious bodily injury resulted from the use of the substance; or
(3)       30, if the defendant is convicted under 21 U.S.C. § 841(b)(1)(E) or 21 U.S.C. § 960(b)(5), and the offense of conviction establishes that death or serious bodily injury resulted from the use of the substance and that the defendant committed the offense after one or more prior convictions for a similar offense; or
(4)       26, if the defendant is convicted under 21 U.S.C. § 841(b)(1)(E) or 21 U.S.C. § 960(b)(5), and the offense of conviction establishes that death or serious bodily injury resulted from the use of the substance; or
(5)       the offense level specified in the Drug Quantity Table set forth in subsection (c), except that if (A) the defendant receives an adjustment under §3B1.2 (Mitigating Role); and (B) the base offense level under subsection (c) is (i) level 32, decrease by 2 levels; (ii) level 34 or level 36, decrease by levels; or (iii) level 38, decrease by levels.  If the resulting offense level is greater than level 32 and the defendant receives the 4-level ("minimal participant") reduction in §3B1.2(a), decrease to level 32.
(b)      Specific Offense Characteristics
(1)       If a dangerous weapon (including a firearm) was possessed, increase by 2 levels.
(2)       If the defendant used violence, made a credible threat to use violence, or directed the use of violence, increase by 2 levels.
(3)       If the defendant unlawfully imported or exported a controlled substance under circumstances in which (A) an aircraft other than a regularly scheduled commercial air carrier was used to import or export the controlled substance, (B) a submersible vessel or semi-submersible vessel as described in 18 U.S.C. § 2285 was used, or (C) the defendant acted as a pilot, copilot, captain, navigator, flight officer, or any other operation officer aboard any craft or vessel carrying a controlled substance, increase by 2 levels.  If the resulting offense level is less than level 26, increase to level 26.
(4)       If the object of the offense was the distribution of a controlled substance in a prison, correctional facility, or detention facility, increase by 2 levels.
(5)       If (A) the offense involved the importation of amphetamine or methamphetamine or the manufacture of amphetamine or methamphetamine from listed chemicals that the defendant knew were imported unlawfully, and (B) the defendant is not subject to an adjustment under §3B1.2 (Mitigating Role), increase by 2 levels.
(6)       If the defendant is convicted under 21 U.S.C. § 865, increase by 2 levels.
(7)       If the defendant, or a person for whose conduct the defendant is accountable under §1B1.3 (Relevant Conduct), distributed a controlled substance through mass-marketing by means of an interactive computer service, increase by 2 levels.
(8)       If the offense involved the distribution of an anabolic steroid and a masking agent, increase by 2 levels.
(9)       If the defendant distributed an anabolic steroid to an athlete, increase by 2 levels.
(10)     If the defendant was convicted under 21 U.S.C. § 841(g)(1)(A), increase by 2 levels.
(11)     If the defendant bribed, or attempted to bribe, a law enforcement officer to facilitate the commission of the offense, increase by 2 levels.
(12)     If the defendant maintained a premises for the purpose of manufacturing or distributing a controlled substance, increase by 2 levels.
(13)     (Apply the greatest):
(A)       If the offense involved (i) an unlawful discharge, emission, or release into the environment of a hazardous or toxic substance; or (ii) the unlawful transportation, treatment, storage, or disposal of a hazardous waste, increase by 2 levels.
(B)       If the defendant was convicted under 21 U.S.C. § 860a of distributing, or possessing with intent to distribute, methamphetamine on premises where a minor is present or resides, increase by 2 levels.  If the resulting offense level is less than level 14, increase to level 14.
(C)       If—
(i)       the defendant was convicted under 21 U.S.C. § 860a of manufacturing, or possessing with intent to manufacture, methamphetamine on premises where a minor is present or resides; or
(ii)      the offense involved the manufacture of amphetamine or methamphetamine and the offense created a substantial risk of harm to (I) human life other than a life described in subdivision (D); or (II) the environment,
increase by 3 levels.  If the resulting offense level is less than level 27, increase to level 27.
(D)       If the offense (i) involved the manufacture of amphetamine or methamphetamine; and (ii) created a substantial risk of harm to the life of a minor or an incompetent, increase by 6 levels.  If the resulting offense level is less than level 30, increase to level 30.  
(14)     If the defendant receives an adjustment under §3B1.1 (Aggravating Role) and the offense involved 1 or more of the following factors:
(A)       (i) the defendant used fear, impulse, friendship, affection, or some combination thereof to involve another individual in the illegal purchase, sale, transport, or storage of controlled substances, (ii) the individual received little or no compensation from the illegal purchase, sale, transport, or storage of controlled substances, and (iii) the individual had minimal knowledge of the scope and structure of the enterprise;
(B)       the defendant, knowing that an individual was (i) less than 18 years of age, (ii) 65 or more years of age, (iii) pregnant, or (iv) unusually vulnerable due to physical or mental condition or otherwise particularly susceptible to the criminal conduct, distributed a controlled substance to that individual or involved that individual in the offense;
(C)       the defendant was directly involved in the importation of a controlled substance;
(D)       the defendant engaged in witness intimidation, tampered with or destroyed evidence, or otherwise obstructed justice in connection with the investigation or prosecution of the offense;
(E)        the defendant committed the offense as part of a pattern of criminal conduct engaged in as a livelihood,
increase by 2 levels.
(15)     If the defendant receives the 4-level ("minimal participant") reduction in §3B1.2(a) and the offense involved all of the following factors:
(A)       the defendant was motivated by an intimate or familial relationship or by threats or fear to commit the offense and was otherwise unlikely to commit such an offense;
(B)       the defendant received no monetary compensation from the illegal purchase, sale, transport, or storage of controlled substances; and
(C)       the defendant had minimal knowledge of the scope and structure of the enterprise,
decrease by 2 levels.
(16)     If the defendant meets the criteria set forth in subdivisions (1)-(5) of subsection (a) of §5C1.2 (Limitation on Applicability of Statutory Minimum Sentences in Certain Cases), decrease by 2 levels.
[Subsection (c) (Drug Quantity Table) is set forth on the following pages.]
(d)      Cross References
(1)       If a victim was killed under circumstances that would constitute murder under 18 U.S.C. § 1111 had such killing taken place within the territorial or maritime jurisdiction of the United States, apply §2A1.1 (First Degree Murder) or §2A1.2 (Second Degree Murder), as appropriate, if the resulting offense level is greater than that determined under this guideline.
(2)       If the defendant was convicted under 21 U.S.C. § 841(b)(7) (of distributing a controlled substance with intent to commit a crime of violence), apply §2X1.1 (Attempt, Solicitation, or Conspiracy) in respect to the crime of violence that the defendant committed, or attempted or intended to commit, if the resulting offense level is greater than that determined above.
(e)       Special Instruction
(1)       If (A) subsection (d)(2) does not apply; and (B) the defendant committed, or attempted to commit, a sexual offense against another individual by distributing, with or without that individual's knowledge, a controlled substance to that individual, an adjustment under §3A1.1(b)(1) shall apply.

(c) DRUG QUANTITY TABLE
Controlled Substances and Quantity* Base Offense Level

(1) ● 30 KG or more of Heroin;
● 150 KG or more of Cocaine;
● 8.4 KG or more of Cocaine Base;
● 30 KG or more of PCP, or 3 KG or more of PCP (actual);
● 15 KG or more of Methamphetamine, or 1.5 KG or more of Methamphetamine (actual), or 1.5 KG or more of "Ice";
● 15 KG or more of Amphetamine, or 1.5 KG or more of Amphetamine (actual);
● 300 G or more of LSD;
● 12 KG or more of Fentanyl;
● 3 KG or more of a Fentanyl Analogue;
● 30,000 KG or more of Marihuana;
● 6,000 KG or more of Hashish;
● 600 KG or more of Hashish Oil;
● 30,000,000 units or more of Ketamine;
● 30,000,000 units or more of Schedule I or II Depressants;
● 1,875,000 units or more of Flunitrazepam. Level 38

(2) ● At least 10 KG but less than 30 KG of Heroin;
● At least 50 KG but less than 150 KG of Cocaine;
● At least 2.8 KG but less than 8.4 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 PCP (actual);
● At least 5 KG but less than 15 KG of Methamphetamine, or at least 500 G but less than 1.5 KG of Methamphetamine (actual), or at least 500 G but less than 1.5 KG of "Ice";
● At least 5 KG but less than 15 KG of Amphetamine, or at least 500 G but less than 1.5 KG of Amphetamine (actual);
● At least 100 G but less than 300 G of LSD;
● 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;
● At least 10,000,000 but less than 30,000,000 units of Ketamine;
● 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. Level 36

(3) ● At least 3 KG but less than 10 KG of Heroin;
● At least 15 KG but less than 50 KG of Cocaine;
● At least 840 G but less than 2.8 KG 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 PCP (actual);
● At least 1.5 KG but less than 5 KG of Methamphetamine, or at least 150 G but less than 500 G of Methamphetamine (actual), or at least 150 G but less than 500 G of "Ice";
● At least 1.5 KG but less than 5 KG of Amphetamine, or at least 150 G but less than 500 G of Amphetamine (actual);
● At least 30 G but less than 100 G of LSD;
● 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;
● At least 3,000,000 but less than 10,000,000 units of Ketamine;
● 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. Level 34

(4) ● At least 1 KG but less than 3 KG of Heroin;
● At least 5 KG but less than 15 KG of Cocaine;
● At least 280 G but less than 840 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 PCP (actual);
● At least 500 G but less than 1.5 KG of Methamphetamine, or at least 50 G but less than 150 G of Methamphetamine (actual), or at least 50 G but less than 150 G of "Ice";
● At least 500 G but less than 1.5 KG of Amphetamine, or at least 50 G but less than 150 G of Amphetamine (actual);
● At least 10 G but less than 30 G of LSD;
● 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;
● At least 1,000,000 but less than 3,000,000 units of Ketamine;
● 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. Level 32

(5) ● At least 700 G but less than 1 KG of Heroin;
● At least 3.5 KG but less than 5 KG of Cocaine;
● At least 196 G but less than 280 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 PCP (actual);
● At least 350 G but less than 500 G of Methamphetamine, or at least 35 G but less than 50 G of Methamphetamine (actual), or at least 35 G but less than 50 G of "Ice";
● At least 350 G but less than 500 G of Amphetamine, or at least 35 G but less than 50 G of Amphetamine (actual);
● At least 7 G but less than 10 G of LSD;
● 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;
● At least 700,000 but less than 1,000,000 units of Ketamine;
● At least 700,000 but less than 1,000,000 units of Schedule I or II Depressants;
● 700,000 or more units of Schedule III Hydrocodone;
● At least 43,750 but less than 62,500 units of Flunitrazepam. Level 30

(6) ● At least 400 G but less than 700 G of Heroin;
● At least 2 KG but less than 3.5 KG of Cocaine;
● At least 112 G but less than 196 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 PCP (actual);
● At least 200 G but less than 350 G of Methamphetamine, or at least 20 G but less than 35 G of Methamphetamine (actual), or at least 20 G but less than 35 G of "Ice";
● At least 200 G but less than 350 G of Amphetamine, or at least 20 G but less than 35 G of Amphetamine (actual);
● At least 4 G but less than 7 G of LSD;
● 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;
● At least 400,000 but less than 700,000 units of Ketamine;
● At least 400,000 but less than 700,000 units of Schedule I or II Depressants;
● At least 400,000 but less than 700,000 units of Schedule III Hydrocodone;
● At least 25,000 but less than 43,750 units of Flunitrazepam. Level 28

(7) ● At least 100 G but less than 400 G of Heroin;
● At least 500 G but less than 2 KG of Cocaine;
● At least 28 G but less than 112 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 PCP (actual);
● At least 50 G but less than 200 G of Methamphetamine, or at least 5 G but less than 20 G of Methamphetamine (actual), or at least 5 G but less than 20 G of "Ice";
● At least 50 G but less than 200 G of Amphetamine, or at least 5 G but less than 20 G of Amphetamine (actual);
● At least 1 G but less than 4 G of LSD;
● 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;
● At least 100,000 but less than 400,000 units of Ketamine;
● At least 100,000 but less than 400,000 units of Schedule I or II Depressants;
● At least 100,000 but less than 400,000 units of Schedule III Hydrocodone;
● At least 6,250 but less than 25,000 units of Flunitrazepam. Level 26

(8) ● At least 80 G but less than 100 G of Heroin;
● At least 400 G but less than 500 G of Cocaine;
● At least 22.4 G but less than 28 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 PCP (actual);
● At least 40 G but less than 50 G of Methamphetamine, or at least 4 G but less than 5 G of Methamphetamine (actual), or at least 4 G but less than 5 G of "Ice";
● At least 40 G but less than 50 G of Amphetamine, or at least 4 G but less than 5 G of Amphetamine (actual);
● At least 800 MG but less than 1 G of LSD;
● 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;
● At least 80,000 but less than 100,000 units of Ketamine;
● At least 80,000 but less than 100,000 units of Schedule I or II Depressants;
● At least 80,000 but less than 100,000 units of Schedule III Hydrocodone;
● At least 5,000 but less than 6,250 units of Flunitrazepam. Level 24

(9) ● At least 60 G but less than 80 G of Heroin;
● At least 300 G but less than 400 G of Cocaine;
● At least 16.8 G but less than 22.4 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 PCP (actual);
● At least 30 G but less than 40 G of Methamphetamine, or at least 3 G but less than 4 G of Methamphetamine (actual), or at least 3 G but less than 4 G of "Ice";
● At least 30 G but less than 40 G of Amphetamine, or at least 3 G but less than 4 G of Amphetamine (actual);
● At least 600 MG but less than 800 MG of LSD;
● 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;
● At least 60,000 but less than 80,000 units of Ketamine;
● At least 60,000 but less than 80,000 units of Schedule I or II Depressants;
● At least 60,000 but less than 80,000 units of Schedule III Hydrocodone;
● At least 3,750 but less than 5,000 units of Flunitrazepam. Level 22

(10) ● At least 40 G but less than 60 G of Heroin;
● At least 200 G but less than 300 G of Cocaine;
● At least 11.2 G but less than 16.8 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 PCP (actual);
● At least 20 G but less than 30 G of Methamphetamine, or at least 2 G but less than 3 G of Methamphetamine (actual), or at least 2 G but less than 3 G of "Ice";
● At least 20 G but less than 30 G of Amphetamine, or at least 2 G but less than 3 G of Amphetamine (actual);
● At least 400 MG but less than 600 MG of LSD;
● 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;
● At least 40,000 but less than 60,000 units of Ketamine;
● At least 40,000 but less than 60,000 units of Schedule I or II Depressants;
● At least 40,000 but less than 60,000 units of Schedule III Hydrocodone;
● 40,000 or more units of Schedule III substances (except Ketamine or Hydrocodone);
● At least 2,500 but less than 3,750 units of Flunitrazepam. Level 20

(11) ● At least 20 G but less than 40 G of Heroin;
● At least 100 G but less than 200 G of Cocaine;
● At least 5.6 G but less than 11.2 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 PCP (actual);
● At least 10 G but less than 20 G of Methamphetamine, or at least 1 G but less than 2 G of Methamphetamine (actual), or at least 1 G but less than 2 G of "Ice";
● At least 10 G but less than 20 G of Amphetamine, or at least 1 G but less than 2 G of Amphetamine (actual);
● At least 200 MG but less than 400 MG of LSD;
● 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 20,000 but less than 40,000 units of Ketamine;
● At least 20,000 but less than 40,000 units of Schedule I or II Depressants;
● At least 20,000 but less than 40,000 units of Schedule III Hydrocodone;
● At least 20,000 but less than 40,000 units of Schedule III substances (except Ketamine or Hydrocodone);
● At least 1,250 but less than 2,500 units of Flunitrazepam. Level 18

(12) ● At least 10 G but less than 20 G of Heroin;
● At least 50 G but less than 100 G of Cocaine;
● At least 2.8 G but less than 5.6 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 PCP (actual);
● At least 5 G but less than 10 G of Methamphetamine, or at least 500 MG but less than 1 G of Methamphetamine (actual), or at least 500 MG but less than 1 G of "Ice";
● At least 5 G but less than 10 G of Amphetamine, or at least 500 MG but less than 1 G of Amphetamine (actual);
● At least 100 MG but less than 200 MG of LSD;
● 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 10,000 but less than 20,000 units of Ketamine;
● At least 10,000 but less than 20,000 units of Schedule I or II Depressants;
● At least 10,000 but less than 20,000 units of Schedule III Hydrocodone;
● At least 10,000 but less than 20,000 units of Schedule III substances (except Ketamine or Hydrocodone);
● At least 625 but less than 1,250 units of Flunitrazepam. Level 16

(13) ● At least 5 G but less than 10 G of Heroin;
● At least 25 G but less than 50 G of Cocaine;
● At least 1.4 G but less than 2.8 G 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 PCP (actual);
● At least 2.5 G but less than 5 G of Methamphetamine, or at least 250 MG but less than 500 MG of Methamphetamine (actual), or at least 250 MG but less than 500 MG of "Ice";
● At least 2.5 G but less than 5 G of Amphetamine, or at least 250 MG but less than 500 MG of Amphetamine (actual);
● At least 50 MG but less than 100 MG of LSD;
● 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 5,000 but less than 10,000 units of Ketamine;
● At least 5,000 but less than 10,000 units of Schedule I or II Depressants;
● At least 5,000 but less than 10,000 units of Schedule III Hydrocodone;
● At least 5,000 but less than 10,000 units of Schedule III substances (except Ketamine or Hydrocodone);
● At least 312 but less than 625 units of Flunitrazepam. Level 14

(14) ● Less than 5 G of Heroin;
● Less than 25 G of Cocaine;
● Less than 1.4 G of Cocaine Base;
● Less than 5 G of PCP, or less than 500 MG of PCP (actual);
● Less than 2.5 G of Methamphetamine, or less than 250 MG of Methamphetamine (actual), or less than 250 MG of "Ice";
● Less than 2.5 G of Amphetamine, or less than 250 MG of Amphetamine (actual);
● Less than 50 MG of LSD;
● 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 2,500 but less than 5,000 units of Ketamine;
● At least 2,500 but less than 5,000 units of Schedule I or II Depressants;
● At least 2,500 but less than 5,000 units of Schedule III Hydrocodone;
● At least 2,500 but less than 5,000 units of Schedule III substances (except Ketamine or Hydrocodone);
● At least 156 but less than 312 units of Flunitrazepam;
● 40,000 or more units of Schedule IV substances (except Flunitrazepam). Level 12

(15) ● At least 1 KG but less than 2.5 KG of Marihuana;
● 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 1,000 but less than 2,500 units of Ketamine;
● At least 1,000 but less than 2,500 units of Schedule I or II Depressants;
● At least 1,000 but less than 2,500 units of Schedule III Hydrocodone;
● At least 1,000 but less than 2,500 units of Schedule III substances (except Ketamine or Hydrocodone);
● At least 62 but less than 156 units of Flunitrazepam;
● At least 16,000 but less than 40,000 units of Schedule IV substances (except Flunitrazepam). Level 10

(16) ● At least 250 G but less than 1 KG of Marihuana;
● 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 250 but less than 1,000 units of Ketamine;
● At least 250 but less than 1,000 units of Schedule I or II Depressants;
● At least 250 but less than 1,000 units of Schedule III Hydrocodone;
● At least 250 but less than 1,000 units of Schedule III substances (except Ketamine or Hydrocodone);
● Less than 62 units of Flunitrazepam;
● At least 4,000 but less than 16,000 units of Schedule IV substances (except Flunitrazepam);
● 40,000 or more units of Schedule V substances. Level 8

(17) ● Less than 250 G of Marihuana;
● Less than 50 G of Hashish;
● Less than 5 G of Hashish Oil;
● Less than 250 units of Ketamine;
● Less than 250 units of Schedule I or II Depressants;
● Less than 250 units of Schedule III Hydrocodone;
● Less than 250 units of Schedule III substances (except Ketamine or Hydrocodone);
● Less than 4,000 units of Schedule IV substances (except Flunitrazepam);
● Less than 40,000 units of Schedule V substances. Level 6
________________________
*Notes to Drug Quantity Table:
(A) 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.
(B) The terms "PCP (actual)", "Amphetamine (actual)", and "Methamphetamine (actual)" refer to the weight of the controlled substance, itself, contained in the mixture or substance. For example, a mixture weighing 10 grams containing PCP at 50% purity contains 5 grams of PCP (actual). In the case of a mixture or substance containing PCP, amphetamine, 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 PCP (actual), amphetamine (actual), or methamphetamine (actual), whichever is greater.
The term "Oxycodone (actual)" refers to the weight of the controlled substance, itself, contained in the pill, capsule, or mixture.
(C) "Ice," for the purposes of this guideline, means a mixture or substance containing d-methamphetamine hydrochloride of at least 80% purity.
(D) "Cocaine base," for the purposes of this guideline, means "crack." "Crack" is the street name for a form of cocaine base, usually prepared by processing cocaine hydrochloride and sodium bicarbonate, and usually appearing in a lumpy, rocklike form.
(E) In the case of an offense involving marihuana plants, treat each plant, regardless of sex, as equivalent to 100 grams of marihuana. Provided, however, that if the actual weight of the marihuana is greater, use the actual weight of the marihuana.
(F) In the case of Schedule I or II Depressants (except gamma-hydroxybutyric acid), Schedule III substances, Schedule IV substances, and Schedule V substances, one "unit" means one pill, capsule, or tablet. If the substance (except gamma-hydroxybutyric acid) is in liquid form, one "unit" means 0.5 milliliters. For an anabolic steroid that is not in a pill, capsule, tablet, or liquid form (e.g., patch, topical cream, aerosol), the court shall determine the base offense level using a reasonable estimate of the quantity of anabolic steroid involved in the offense. In making a reasonable estimate, the court shall consider that each 25 milligrams of an anabolic steroid is one "unit".
(G) In the case of LSD on a carrier medium (e.g., a sheet of blotter paper), do not use the weight of the LSD/carrier medium. Instead, treat each dose of LSD on the carrier medium as equal to 0.4 milligrams of LSD for the purposes of the Drug Quantity Table.
(H) Hashish, for the purposes of this guideline, means a resinous substance of cannabis that includes (i) one or more of the tetrahydrocannabinols (as listed in 21 C.F.R. § 1308.11(d)(31)), (ii) at least two of the following: cannabinol, cannabidiol, or cannabichromene, and (iii) fragments of plant material (such as cystolith fibers).
(I) Hashish oil, for the purposes of this guideline, means a preparation of the soluble cannabinoids derived from cannabis that includes (i) one or more of the tetrahydrocannabinols (as listed in 21 C.F.R. § 1308.11(d)(31)), (ii) at least two of the following: cannabinol, cannabidiol, or cannabichromene, and (iii) is essentially free of plant material (e.g., plant fragments). Typically, hashish oil is a viscous, dark colored oil, but it can vary from a dry resin to a colorless liquid.

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