Starting level and typical ranges
The starting level for this offense depends on another offense: offense level of the underlying drug crime. The level is the same as for the drug crime the phone or other device was used for. For a trafficking crime, work out the level first with the “Sold, moved or made drugs” calculator (§2D1.1), then type it here. Use the calculator above and enter that level when asked.
Important details
- A communication facility is anything used to send writing, signals, pictures or sound, such as a telephone, wire or radio (§2D1.6, background).
- The drug quantity table in §2D1.1 has a minimum level of 12 for heroin or other Schedule I or II opiates, cocaine or other Schedule I or II stimulants, crack, PCP, methamphetamine, LSD or other Schedule I or II hallucinogens, fentanyl and fentanyl analogues; 8 for flunitrazepam; and 6 for all other drugs (§2D1.6, note 1).
- If no drugs were seized, or the drugs seized do not show the true scale of the offense, the court must estimate the amount (§2D1.6, note 1, pointing to §2D1.1, note 5).
- The calculator does not apply mandatory minimum sentences set by statute for this offense. If the statute of conviction requires one and it is higher than the range shown, the minimum controls; check the statute or ask a lawyer.
Frequently asked questions
Is the calculator accurate for using a phone to commit a drug crime?
It follows §2D1.6 of the Guidelines Manual effective November 1, 2025. It passed 5 review rounds, each comparing every number, rule and label with the manual text, and its last round found nothing to correct. Those reviews were done with AI tools, not by lawyers, and it has not yet been reviewed by an attorney, so mistakes are possible. The guidelines are advisory, and a lawyer who knows the case can tell you what actually applies.
Related offenses
- Drug ParaphernaliaSold or shipped drug paraphernaliaVerified
- Maintaining a Drug HouseKept or rented out a place used for making, selling or using drugsVerified
- Booby Traps on Federal PropertySet booby traps on federal land to protect a drug operationVerified
- Endangering Life While Making DrugsPut someone's life at risk while illegally making drugsVerified
- Listed Chemical OffensesHad, sold, imported or exported chemicals used to make drugsVerified
- Drug Manufacturing EquipmentHad, made, sold or shipped equipment or supplies for making drugsVerified
- Structuring Chemical TransactionsEvaded chemical reporting rules or used fake ID to buy chemicalsVerified
- Narco-TerrorismTrafficked drugs to fund or support terrorismVerified