Sec. 9. Amendment to the sentencing guidelines
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/bill/115/hr/2851/ih/section-9A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 2D1.1 of the Federal Sentencing Guidelines is amended, in Application Note 6 (Analogues and Controlled Substances Not Referenced in this Guideline) of the Commentary, by striking In determining the most closely related controlled substance, the court shall, to the extent practicable, consider the following: and inserting the following: In determining the most closely related controlled substance and the applicable guideline or drug equivalence, the court shall— if Attorney General has provided guidance on the appropriate sentencing equivalency or ratio to a controlled substance that is referenced in the guidelines through publication in the Federal Register (whether such guidance is included in or separate from any notice of proposed temporary or permanent scheduling of such substance under section 201 of the Controlled Substances Act ( 21 U.S.C. 811 )), apply any such sentencing equivalency or ratio; and in the absence of guidance with respect to a substance or group of substances as described in paragraph (A), use equivalencies for the following structural classes of substances as if they were included on the Drug Equivalency Tables:
Drug Class Marihuana Equivalency of 1 gm of subject substance Synthetic Opioids 1 gm = 10 kg Synthetic Cannabinoids 1 gm = 167 gm Synthetic Cathinones 1 gm = 380 gm Tryptamine 1 gm = 80 gm Phenethylamines 1 gm = 2.5 kg Piperazines 1 gm = 2 kg Benzofurans 1 gm = 500 gm Arylcyclohexylamines (PCP-like substances) 1 gm = 1 kg Methylphenidate analogs 1 gm = 100 gm Benzodiazepines 1 unit (as defined in Note
(F)to the Drug Quantity Table in 2D1.1) = 0.0625 gm In the case of a substance for which paragraphs
(A)and
(B)above are not applicable, the court shall determine an equivalency or ratio by considering the following factors, to the extent practicable: .
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Sec. 9
Amendment to the sentencing guidelines
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