When a drug cases involves multiple controlled substances, USSG 2D1.1, Application Note 8(B) provides a means to determine a single offense level for the various substances. This application note sets a marihuana equivalent for each gram of commonly encountered controlled substances. The sum of the marihuana equivalents is then used to determine the base offense level under the drug quantity table found at 2D1.1(c). The Marihuana Equivalency Spreadsheet will calculate marihuana equivalents for common drugs based on the Nov 1, 2014 Sentencing Guidelines section 2D1.1, Application Note 8 and provide a base offense level based on the total quantity of marihuana equivalents.
The spreadsheets do not account for the reduction in offense level when the accused receives a mitigating role as provided in U.S.S.G. 2D1.1(a)(5), or any applicable reduction for acceptance of responsibility as allowed by U.S.S.G. 3E1.1.
The spreadsheets also do not account for enhancements for specific offense characteristics found at 2D1.1(b), or enhancements from Chapter 3 or Chapter 4, Part B of the Guidelines. Finally, this spreadsheet does not apply to offenses covered by USSG 2D1.11, Unlawfully Distributing, Importing, Exporting or Possessing a Listed Chemical; Attempt or Conspiracy.
The spreadsheets also incorporates comments referencing relevant sections of the 2D1.1 and its Application Notes.
No, we have not intentionally misspelled marihuana, we are using the spelling in the Sentencing Guidelines Manual.
In 2014, the DEA reclassified hydrocodone from Schedule III to a Schedule II controlled substance. This change was incorporated in U.S.S.G. Amendment 793, which changed the 2D1.1 marihuana equivalency ratio for hydrocodone (actual) to 1 gram of hydrocodone to 6,700 grams of marihuana. We have updated our spreadsheet that calculates marihuana equivalents from U.S.S.G. 2D1.1, Application Note 8(B) for cases involving multiple controlled substances to reflect this change.
The revised Marihuana Equivalency Spreadsheet will calculate marihuana equivalents for common drugs based on the Nov 1, 2015 Sentencing Guidelines, section 2D1.1, Application Note 8 and provide a base offense level based on the total quantity of marihuana equivalents. As before, it does not include enhancements or reductions for role in the offense, or a reduction in offense level for acceptance of responsibility.