Amounts and sentences
| Amount | Base level | No criminal history points, early plea | With the safety valve |
|---|---|---|---|
| 20 lb (9.07 kg) | 12 | 0–6 months | No minimum |
| 100 lb (45.36 kg) | 18 | 12–18 months | No minimum |
| 500 lb (226.8 kg) | 24 | 60 months 5-year minimum | 24–30 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 kg | 6 | 0–6 months | |
| 1 kg to 2.5 kg | 8 | 0–6 months | |
| 2.5 kg to 5 kg | 10 | 0–6 months | |
| 5 kg to 10 kg | 12 | 0–6 months | |
| 10 kg to 20 kg | 14 | 6–12 months | |
| 20 kg to 40 kg | 16 | 8–14 months | |
| 40 kg to 60 kg | 18 | 12–18 months | |
| 60 kg to 80 kg | 20 | 18–24 months | |
| 80 kg to 100 kg | 22 | 24–30 months | |
| 100 kg to 400 kg | 24 | 60 months | 5 years |
| 400 kg to 700 kg | 26 | 60 months | 5 years |
| 700 kg to 1,000 kg | 28 | 60 months | 5 years |
| 1,000 kg to 3,000 kg | 30 | 120 months | 10 years |
| 3,000 kg to 10,000 kg | 32 | 120 months | 10 years |
| 10,000 kg to 30,000 kg | 34 | 120 months | 10 years |
| 30,000 kg to 90,000 kg | 36 | 120–135 months | 10 years |
| 90,000 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
- Marijuana remains a controlled substance under federal law regardless of state legalization.
Frequently asked questions
What amount of marijuana triggers a federal mandatory minimum?
100 kg of marijuana triggers a 5-year mandatory minimum, and 1,000 kg 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 100 lb (45.36 kg) of marijuana?
The Drug Quantity Table puts 100 lb (45.36 kg) at level 18. For someone with no criminal history points who pleads guilty, with no weapon, violence or leadership role, the guideline sentence is 12–18 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.
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