Amounts and sentences
| Amount | Base level | No criminal history points, early plea | With the safety valve |
|---|---|---|---|
| 5 g | 14 | 6–12 months | No minimum |
| 50 g | 24 | 60 months 5-year minimum | 24–30 months |
| 500 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 4 g | 12 | 0–6 months | |
| 4 g to 8 g | 14 | 6–12 months | |
| 8 g to 16 g | 16 | 8–14 months | |
| 16 g to 24 g | 18 | 12–18 months | |
| 24 g to 32 g | 20 | 18–24 months | |
| 32 g to 40 g | 22 | 24–30 months | |
| 40 g to 160 g | 24 | 60 months | 5 years |
| 160 g to 280 g | 26 | 60 months | 5 years |
| 280 g to 400 g | 28 | 60 months | 5 years |
| 400 g to 1.2 kg | 30 | 120 months | 10 years |
| 1.2 kg to 4 kg | 32 | 120 months | 10 years |
| 4 kg to 12 kg | 34 | 120 months | 10 years |
| 12 kg to 36 kg | 36 | 120–135 months | 10 years |
| 36 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
- Knowingly selling fentanyl as another drug, such as fake oxycodone “M30” pills, adds 4 levels, and marketing it as a legitimate pharmaceutical with reckless disregard adds 2 (§2D1.1(b)(13)).
- If someone dies or is seriously injured from using the drug, the statute raises the minimum to 20 years and the guideline starting level to 38 or 43. The calculator does not model death-results cases yet.
Frequently asked questions
How much fentanyl triggers a federal mandatory minimum?
40 g of fentanyl triggers a 5-year mandatory minimum, and 400 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 50 g of fentanyl?
The Drug Quantity Table puts 50 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
- Fentanyl analogueAmounts 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