The five criteria
Under 18 U.S.C. §3553(f) and §5C1.2(a), the person must meet all of these:
- Limited record: not more than 4 criminal history points (not counting 1-point offenses), no prior 3-point offense, and no prior 2-point violent offense.
- No violence or weapon: did not use violence or credible threats, or possess a gun or other dangerous weapon (or get someone else to) in connection with the offense.
- No death or serious injury resulted.
- Not a leader: was not an organizer, leader, manager or supervisor, and not in a continuing criminal enterprise.
- Full disclosure: by the sentencing hearing, truthfully told the government everything they know about the offense and related conduct. Having nothing useful to add does not disqualify anyone.
It applies to offenses under 21 U.S.C. §§841, 844, 846, 960 and 963 and certain maritime drug offenses.
What it does
- Removes the mandatory minimum. The sentence is set by the guideline range instead.
- Takes 2 levels off the drug guideline (§2D1.1(b)(18)).
- Sets a floor of 24–30 months when the minimum that would have applied was 5 years or more (§5C1.2(b)).
Example: someone with no criminal history points who has 500 grams of cocaine and pleads guilty faces a 5-year minimum. With the safety valve and the zero-point reduction, the range becomes 24–30 months.
Frequently asked questions
Does a gun in the house disqualify someone from the safety valve?
Usually yes, if it was possessed in connection with the drug offense. The same gun also adds 2 levels under §2D1.1(b)(1).
Does a person have to testify to get the safety valve?
No. The requirement is to truthfully provide the government all information about the offense by the time of sentencing. It is usually done in a proffer interview, and it does not require testifying against anyone.
More guides
- How federal sentencing works
- The federal sentencing table
- Criminal history points and categories
- Acceptance of responsibility
- The zero-point offender reduction
- 18 U.S.C. §924(c): the gun charge that runs on top
- Open the calculatorAll 150 federal offenses