Amounts and sentences
| Amount | Base level | No criminal history points, early plea | With the safety valve |
|---|---|---|---|
| 2 g | 16 | 8–14 months | No minimum |
| 20 g | 24 | 60 months 5-year minimum | 24–30 months |
| 200 g | 30 | 120 months 10-year minimum | 46–57 months |
Assumes no criminal history points, no weapon, no violence, no leadership role, an early guilty plea and the 2-level zero-point reduction.
The full quantity table
| Amount (total mixture) | Base level | No criminal history points, early plea | Mandatory minimum |
|---|---|---|---|
| Less than 1 g | 12 | 0–6 months | |
| 1 g to 2 g | 14 | 6–12 months | |
| 2 g to 4 g | 16 | 8–14 months | |
| 4 g to 6 g | 18 | 12–18 months | |
| 6 g to 8 g | 20 | 18–24 months | |
| 8 g to 10 g | 22 | 24–30 months | |
| 10 g to 40 g | 24 | 60 months | 5 years |
| 40 g to 70 g | 26 | 60 months | 5 years |
| 70 g to 100 g | 28 | 60 months | 5 years |
| 100 g to 300 g | 30 | 120 months | 10 years |
| 300 g to 1 kg | 32 | 120 months | 10 years |
| 1 kg to 3 kg | 34 | 120 months | 10 years |
| 3 kg to 9 kg | 36 | 120–135 months | 10 years |
| 9 kg or more | 38 | 135–168 months | 10 years |
“No criminal history points, early plea” assumes zero criminal history points, no weapon, no violence and no leadership role, so the plea reduction and the 2-level zero-point reduction both apply. The mandatory minimum column assumes no prior serious drug felony or serious violent felony; the safety valve can remove it.
What to know
- Whether a substance legally counts as a fentanyl analogue can itself be disputed in court.
Frequently asked questions
What amount of fentanyl analogue triggers a federal mandatory minimum?
10 g of fentanyl analogue triggers a 5-year mandatory minimum, and 100 g triggers 10 years (21 U.S.C. §841(b)(1)), for someone without a prior serious drug felony or serious violent felony.
What is the guideline sentence for 20 g of fentanyl analogue?
The Drug Quantity Table puts 20 g at level 24. For someone with no criminal history points who pleads guilty, with no weapon, violence or leadership role, the guideline sentence is 60 months, driven by the 5-year minimum. With the safety valve it is 24–30 months.
Does the weight include the packaging or cutting agents?
Packaging, no. Cutting agents, yes: the weight is the entire mixture or substance containing a detectable amount of the drug, except for drugs the table measures by purity.
Related
- Drug trafficking: how sentences workEnhancements, couriers, conspiracy
- The safety valveGetting below a mandatory minimum
- FentanylAmounts and minimums
- HeroinAmounts and minimums
- Cocaine (powder)Amounts and minimums
- Crack cocaineAmounts and minimums
- Methamphetamine (mixture)Amounts and minimums
- Pure methamphetamine or “ice”Amounts and minimums
- MarijuanaAmounts and minimums