Starting level and typical ranges
These ranges use the starting level alone, before any adjustments, for someone with no criminal record unless the column says otherwise. Most real cases add levels.
| Starting point | Level | Trial | Guilty plea | Plea + zero-point | Category IV, plea |
|---|---|---|---|---|---|
| Any other controlled substance, or a list I chemical | 4 | 0–6 months | 0–6 months | 0–6 months | 0–6 months |
| Cocaine, flunitrazepam, LSD or PCP | 6 | 0–6 months | 0–6 months | 0–6 months | 2–8 months |
| Heroin, another Schedule I or II opiate, an analogue of these, or cocaine base | 8 | 0–6 months | 0–6 months | 0–6 months | 6–12 months |
Important details
- If the drugs were possessed in a prison, jail or detention facility, the prison contraband guideline (§2P1.2) applies instead (§2D2.1(b)(1)).
- The possession law has mandatory minimum sentences in some kinds of cases, ranging from 15 days to 3 years. If the minimum is higher than the guideline range, the minimum becomes the sentence, unless the safety valve applies (§2D2.1, background).
- 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
What is the base offense level for simple drug possession?
The guideline for simple drug possession is §2D2.1 of the federal Sentencing Guidelines. Before any adjustments, its starting level depends on the facts: from level 4 to level 8. The table on this page lists each starting point.
What is the guideline range for simple drug possession with no criminal history points and a guilty plea?
Using the first starting point in the table on this page (level 4) alone, a person with no criminal history points who pleads guilty scores 0–6 months, including the 2-level zero-point reduction. Adjustments such as role in the offense or obstruction can change the level, and the judge can sentence outside the range.
Is probation possible for simple drug possession?
The guidelines allow it at the first starting point in the table: with a guilty plea and the zero-point reduction the range begins at 0 months (Zone A), so prison is not required, unless the offense is a Class A or B felony or the statute rules probation out (§5B1.1(b)). Added facts can raise the range out of Zone A.
Is the calculator accurate for simple drug possession?
It follows §2D2.1 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
- Obtaining Drugs by FraudGot drugs by fraud, forgery or lyingVerified
- Operating a Common Carrier Under the InfluenceRan a bus, train, plane or ship while drunk or on drugsVerified
- Drug Registration Number OffensesMisused a drug registration number, or illegally advertised drugsVerified
- Regulatory Drug OffensesBroke regulatory rules for handling drugs or listed chemicalsVerified
- Drug TraffickingSold, moved or made drugsVerified
- Drug Dealing Near a School or Involving a MinorDealt drugs near a school, or involving an underage or pregnant personVerified
- Continuing Criminal EnterpriseRan a large, ongoing drug organizationVerified
- Using a Phone to Commit a Drug CrimeUsed a phone, the mail or the internet to commit a drug crimeVerified