How a federal drug sentence is calculated
Drug trafficking cases, including distribution, possession with intent to distribute, manufacturing, importing and conspiracy to do any of these, are scored under §2D1.1:
- Drug and amount. The Drug Quantity Table gives the starting level. The weight is the whole mixture, cutting agents included, except for drugs the table measures by purity, such as “actual” methamphetamine.
- Offense facts. A gun or other dangerous weapon possessed adds 2 (§2D1.1(b)(1)); using, threatening or directing violence adds 2 ((b)(2)); keeping a place to make or sell drugs adds 2 ((b)(12)); knowingly passing off fentanyl as another drug adds 4 ((b)(13)). About a dozen less common factors exist, such as importing by private aircraft or distributing in a prison.
- Role. Leaders add 2 to 4 levels. Couriers, lookouts and other low-level participants can get 2 to 4 off, and for them a high starting level is also cut back: level 32 drops by 2, level 34 drops by 3, and anything higher drops to 32; with a minimal-role (4-level) reduction, anything still above 30 drops to 30 (§2D1.1(a)(5)).
- Plea, record and the table. A guilty plea takes off 2 or 3 levels, someone with zero criminal history points may get 2 more off, and the final level meets criminal history on the sentencing table.
- Mandatory minimums. If the amount triggers a 5- or 10-year minimum, the sentence cannot go below it unless the safety valve applies or the government files a motion for cooperation.
Mandatory minimum amounts by drug
| Drug | 5-year minimum | 10-year minimum |
|---|---|---|
| Fentanyl | 40 g | 400 g |
| Fentanyl analogue | 10 g | 100 g |
| Heroin | 100 g | 1 kg |
| Cocaine (powder) | 500 g | 5 kg |
| Crack cocaine | 28 g | 280 g |
| Methamphetamine (mixture) | 50 g | 500 g |
| Pure methamphetamine or “ice” | 5 g | 50 g |
| Marijuana | 100 kg | 1,000 kg |
Amounts are the mixture weight, except pure methamphetamine and “ice”, which are measured by the methamphetamine they contain. With one prior serious drug felony or serious violent felony, the minimums rise to 10 and 15 years; with two or more, the 10-year minimum becomes 25 years (21 U.S.C. §841(b)(1), after the First Step Act of 2018). A death or serious injury from use of the drug raises the minimum to 20 years.
Drug sentences for common situations
Each row assumes no criminal record, an early guilty plea, and the 2-level zero-point reduction where it is available. The last column shows the sentence after any mandatory minimum.
| Situation | How it adds up | Level | Guideline sentence |
|---|---|---|---|
| 500 g of cocaine 5-year minimum applies | 24 drug quantity table −3 plea −2 zero-point | 19 | 60 months 5 years |
| Same, with the safety valve Minimum lifted | 24 drug quantity table −2 safety valve −3 plea −2 zero-point | 17 | 24–30 months 2 years to 2 years, 6 months |
| Courier carrying 5 kg of cocaine, minor role 10-year minimum applies | 30 drug quantity table −2 minor role −3 plea −2 zero-point | 23 | 120 months 10 years |
| Same courier, with the safety valve Minimum lifted | 30 drug quantity table −2 minor role −2 safety valve −3 plea −2 zero-point | 21 | 37–46 months 3 years, 1 month to 3 years, 10 months |
| 50 g of fentanyl, gun kept in the house No safety valve with a gun | 24 drug quantity table +2 weapon possessed −3 plea | 23 | 60 months 5 years |
| 100 lb of marijuana No minimum under 100 kg | 18 drug quantity table −3 plea −2 zero-point | 13 | 12–18 months 1 year to 1 year, 6 months |
| 1 lb of pure methamphetamine (“ice”) 10-year minimum applies | 32 drug quantity table −3 plea −2 zero-point | 27 | 120 months 10 years |
| Ran a stash house holding 15 kg of cocaine 10-year minimum applies | 32 drug quantity table +2 drug premises −3 plea −2 zero-point | 29 | 120 months 10 years |
How the amount is counted
- Everything in the same course of dealing counts, not only what was seized. Earlier sales, amounts negotiated, and drugs described in texts or by witnesses are added in (§1B1.3(a)(2)).
- In a conspiracy, partners' drugs count if they were within the scope of what the person agreed to and reasonably foreseeable. A courier is usually held to the loads they carried, not the whole organization's volume.
- Different drugs are combined by converting each to a common “converted drug weight” and adding them. The calculator above does this when more than one drug is entered. Mandatory minimums, by contrast, look at each drug separately.
- Attempt and conspiracy are sentenced like the finished deal. There is no discount for a deal that fell through (21 U.S.C. §846).
- Purity can matter a great deal for methamphetamine. Pure (“actual”) meth and “ice” (80% purity or more) are counted at ten times the weight of an ordinary mixture.
Ways below the minimum
Three routes lead below a drug mandatory minimum. The safety valve (18 U.S.C. §3553(f), §5C1.2) is for people without a significant record who had no gun, used no violence, were not leaders and tell the government everything they know; it also takes 2 levels off. A government motion for substantial assistance can take the sentence below both the range and the minimum. Charge bargaining, pleading to a count that carries no minimum, is the third.
Separately, the 2025 manual tells courts that a mitigating-role reduction is generally warranted when a person's main job was a low-level trafficking function such as courier or lookout, whether or not others were involved (§2D1.1(e)(2)).
Drug-by-drug calculators
- FentanylAmounts, minimums and ranges
- Fentanyl analogueAmounts, minimums and ranges
- HeroinAmounts, minimums and ranges
- Cocaine (powder)Amounts, minimums and ranges
- Crack cocaineAmounts, minimums and ranges
- Methamphetamine (mixture)Amounts, minimums and ranges
- Pure methamphetamine or “ice”Amounts, minimums and ranges
- MarijuanaAmounts, minimums and ranges
Frequently asked questions
What is the sentence for trafficking 500 grams of cocaine?
That amount triggers a 5-year mandatory minimum. The guideline range for someone with no criminal history points who pleads guilty is lower (30–37 months), so the minimum controls and the guideline sentence becomes 5 years. With the safety valve the range is 24–30 months.
Is conspiracy to distribute punished less than distribution?
No. A drug conspiracy or attempt carries the same guideline and the same mandatory minimums as the completed offense. What changes is which drugs are counted: the ones within the scope of the agreement that were reasonably foreseeable.
What is the safety valve?
A rule that lets the judge sentence below a drug mandatory minimum if the person has no more than 4 criminal history points (not counting 1-point offenses), no prior 3-point offense or 2-point violent offense, had no gun, used no violence, caused no death or serious injury, was not a leader, and gives the government all the information they have. It also takes 2 levels off the guideline.
Does having a gun change a drug sentence?
Yes, in three ways. A gun possessed in connection with the offense adds 2 levels, it rules out the safety valve and the zero-point reduction, and if prosecutors charge 18 U.S.C. §924(c), at least 5 more years are added on top. In the 50-gram fentanyl example, the gun is the difference between 5 years and a possible safety-valve range.
How are couriers and mules sentenced?
They are held to the drugs they knowingly carried, usually with a 2- to 4-level minor or minimal role reduction and a lower starting point for high quantities. A courier with no criminal history points carrying 5 kg of cocaine scores 10 years because of the 10-year minimum, or 37–46 months with the safety valve.
Related
- Drug Dealing Near a School or Involving a MinorDealt drugs near a school, or involving an underage or pregnant personVerified
- Maintaining a Drug HouseKept or rented out a place used for making, selling or using drugsVerified
- Simple Drug PossessionHad illegal drugs for personal useVerified
- Money LaunderingMoved or hid money that came from crimeVerified
- Using a Gun During a Crime (§924(c))Used or carried a gun or explosive during another crimeVerified
- Listed Chemical OffensesHad, sold, imported or exported chemicals used to make drugsVerified
- The safety valveThe safety valve lets a judge sentence below a federal drug mandatory minimum and takes 2…
- The zero-point offender reductionSince 2023, federal defendants with no criminal history points can get 2 levels off under…
- Relevant conduct: what the sentence is based onFederal sentences rest on relevant conduct, not just the charge: acts the person did or…
- Cooperation: substantial assistance motionsA substantial assistance motion (§5K1.1) can take a federal sentence below the range and…