82 FR 28382 - Sentencing Guidelines for United States Courts

UNITED STATES SENTENCING COMMISSION

Federal Register Volume 82, Issue 118 (June 21, 2017)

Page Range		28382-28384
FR Document		2017-12867
In August 2016, the Commission indicated that one of its policy priorities would be the ``[s]tudy of offenses involving MDMA/ Ecstasy, synthetic cannabinoids (such as JWH-018 and AM-2201), and synthetic cathinones (such as Methylone, MDPV, and Mephedrone), and consideration of any amendments to the Guidelines Manual that may be appropriate in light of the information obtained from such study.'' See 81 FR 58004 (Aug. 24, 2016). As part of its continuing work on this priority, the Commission is publishing this request for public comment on issues related to MDMA/Ecstasy and methylone, one of the synthetic cathinones included in the Commission's study. The issues for comment are set forth in the Supplementary Information portion of this notice.
Federal Register, Volume 82 Issue 118 (Wednesday, June 21, 2017)
[Federal Register Volume 82, Number 118 (Wednesday, June 21, 2017)]
[Notices]
[Pages 28382-28384]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-12867]


-----------------------------------------------------------------------

UNITED STATES SENTENCING COMMISSION


Sentencing Guidelines for United States Courts

AGENCY: United States Sentencing Commission.

ACTION: Request for public comment.

-----------------------------------------------------------------------

SUMMARY: In August 2016, the Commission indicated that one of its 
policy priorities would be the ``[s]tudy of offenses involving MDMA/
Ecstasy, synthetic cannabinoids (such as JWH-018 and AM-2201), and 
synthetic cathinones (such as Methylone, MDPV, and Mephedrone), and 
consideration of any amendments to the Guidelines Manual that may be 
appropriate in light of the information obtained from such study.'' See 
81 FR 58004 (Aug. 24, 2016). As part of its continuing work on this 
priority, the Commission is publishing this request for public comment 
on issues related to MDMA/Ecstasy and methylone, one of the synthetic 
cathinones included in the Commission's study. The issues for comment 
are set forth in the Supplementary Information portion of this notice.

DATES: Public comment regarding the issues for comment set forth in 
this notice should be received by the Commission not later than August 
7, 2017.

ADDRESSES: All written comment should be sent to the Commission by 
electronic mail or regular mail. The email address for public comment 
is [email protected]. The regular mail address for public comment 
is United States Sentencing Commission, One Columbus Circle NE., Suite 
2-500, Washington, DC 20002-8002, Attention: Public Affairs.

FOR FURTHER INFORMATION CONTACT: Christine Leonard, Director, Office of 
Legislative and Public Affairs, (202) 502-4500, [email protected].

SUPPLEMENTARY INFORMATION: The United States Sentencing Commission is 
an independent agency in the judicial branch of the United States 
Government. The Commission promulgates sentencing guidelines and policy 
statements for federal courts pursuant to 28 U.S.C. 994(a). The 
Commission also periodically reviews and revises previously promulgated 
guidelines pursuant to 28 U.S.C. 994(o) and submits guideline 
amendments to the Congress not later than the first day of May each 
year pursuant to 28 U.S.C. 994(p).
    In August 2016, the Commission indicated that one of its priorities 
would be the ``[s]tudy of offenses involving MDMA/Ecstasy, synthetic 
cannabinoids (such as JWH-018 and AM-2201), and synthetic cathinones 
(such as Methylone, MDPV, and Mephedrone), and consideration of any 
amendments to the Guidelines Manual that may be appropriate in light of 
the information obtained from such study.'' See U.S. Sentencing Comm'n, 
``Notice of Final Priorities,'' 81 FR 58004 (Aug. 24, 2016). The 
Commission expects that this study will be conducted over a multi-year 
period, and may solicit comment several times during this period from 
experts and other members of the public.
    On December 19, 2016, the Commission published a request for 
comment inviting general comment on synthetic cathinones (MDPV, 
methylone, and mephedrone) and synthetic cannabinoids (JWH-018 and AM-
2201), as well as about the application of the factors the Commission 
traditionally considers when determining the marihuana equivalencies 
for specific controlled substances to the substances under study. See 
U.S. Sentencing Comm'n, ``Request for Public Comment,'' 81 FR 92021 
(Dec. 19, 2016). On April 18, 2017, the Commission held a public 
hearing relating to this priority. The Commission received testimony 
from experts on the synthetic drugs related to the study, including 
testimony about their chemical structure, pharmacological effects, 
trafficking patterns, and community impact.
    As part of its continuing work on this priority, the Commission is 
publishing this second request for comment specifically focused on 
issues related to MDMA/Ecstasy and methylone, one of the synthetic 
cathinones included in the Commission's study. In addition to the 
substance-specific topics discussed below, the Commission anticipates 
that its work will continue to be guided by the factors the Commission 
traditionally considers when determining marihuana equivalencies for 
specific controlled substances, including their chemical structure, 
pharmacological effects, legislative and scheduling history, potential 
for addiction and abuse, the pattern of abuse and harms associated with 
their abuse, and the patterns of trafficking and harms associated with 
their trafficking.
    MDMA.--MDMA (3,4-Methylenedioxy-methamphetamine) is a Schedule I 
controlled substance with a chemical structure similar to 
methamphetamine and the hallucinogen mescaline. See U.S. Sentencing 
Comm'n, Report to the Congress: MDMA Drug Offenses: Explanation of 
Recent Guideline Amendments 6-7 (May 2001) (``MDMA Report''), available 
at http://www.ussc.gov/sites/default/files/pdf/news/congressional-testimony-and-reports/drug-topics/200105_RtC_MDMA_Drug_Offenses.pdf. 
MDMA, also known as ``ecstasy'' or ``molly,'' was originally developed 
for therapeutic use, but became a drug of abuse by the late 1970s. Id. 
at 7. Its use results in enhanced feelings of pleasure, relaxation, and 
self-confidence, while accompanying physical symptoms may include 
increased heart rate and blood pressure and difficulty regulating body 
temperature. MDMA is typically marketed and consumed in pill form. Id.
    MDMA is not specifically listed in the Drug Quantity Table at Sec.  
2D1.1 (Unlawful Manufacturing, Importing, Exporting, or Trafficking 
(Including Possession with Intent to Commit These Offenses); Attempt or 
Conspiracy), but it is referenced in the Drug Equivalency Tables. See 
USSC Section 2D1.1,

[[Page 28383]]

comment. (n.8(D)). Prior to 2001, the marihuana equivalency of MDMA was 
1 gm of MDMA = 35 gm of marihuana. The Commission established the 
current marihuana equivalency and penalties for MDMA in 2001 in 
response to the Ecstasy Anti-Proliferation Act of 2000, Public Law 106-
310 (Oct. 17, 2000). The Act directed the Commission to examine whether 
the then-current penalties associated with MDMA were appropriate, adopt 
any appropriate amendments to the Guidelines Manual, and submit a 
report to Congress explaining its actions. Id. at 2. The Act also 
instructed the Commission to consider five distinct ``dangers'' 
associated with unlawful activity involving MDMA: (1) Rapid growth in 
its use; (2) a recent increase in its importation; (3) the young age at 
which usage began; (4) the marketing of the substance to youth; and (5) 
the large number of doses per gram of MDMA. Id. at 3.
    The Commission implemented the directive by adopting an amendment 
setting the marihuana equivalency for MDMA as 1 gm of MDMA = 500 gm of 
marihuana. See USSG App. C, amend. 609 (effective May 1, 2001). In 
response to the directive, the Commission also published its MDMA 
Report and submitted it to Congress. In the MDMA Report, the Commission 
explained that it had found evidence supporting all of Congress's 
concerns except for the fifth (the number of doses per gram). See id. 
at 11-16. The MDMA Report also explained that there was conflicting 
evidence about MDMA's potential long-term mental and physical harms and 
dangers relative to other controlled substances. See id. at 17-18. 
After considering all the evidence, the Commission chose a 500:1 ratio, 
which was less than an earlier 1,000:1 proposal, but would result in 
significant increases in the penalties for MDMA offenses. See id. at 6. 
The 500:1 ratio was intended to punish ``local distributors'' with 
sentences of approximately five years, and ``upper and middle level 
distributors'' with sentences of ten or more years. See id. at 18.
    The marihuana equivalency of MDMA remains 1 gm of MDMA = 500 gm of 
marihuana. Some public comment and judicial opinions have suggested 
that the current marihuana equivalency for MDMA may no longer be 
appropriate in light of scientific and practical developments that have 
occurred since 2001. Other stakeholders have suggested that the current 
ratio remains appropriate in light of the concerns expressed by 
Congress in 2000.
    Methylone and Other Synthetic Cathinones.--According to the 
National Institute on Drug Abuse, synthetic cathinones, also known as 
``bath salts,'' are human-made substances chemically related to 
cathinone, a stimulant found in the khat plant. See National Institute 
on Drug Abuse, DrugFacts: Synthetic Cathinones (``Bath Salts'') 
(January 2016) available at https://www.drugabuse.gov/publications/drugfacts/synthetic-cathinones-bath-salts. Methylone (3,4-
methylenedioxy-N-methylcathinone), also known as MDMC, is a synthetic 
cathinone that has been reported to have hallucinogenic effects broadly 
similar to those of MDMA. Like MDMA, methylone has been associated with 
use at dance parties or ``raves.'' According to the Drug Enforcement 
Agency, methylone is typically imported from abroad and consumed in 
capsule form. Drug Enforcement Agency, U.S. Dep't of Justice, Drugs of 
Abuse: A DEA Resource Guide 80 (2015).
    Unlike MDMA, methylone is not specifically listed in either the 
Drug Quantity Table or the Drug Equivalency Tables at Section 2D1.1. As 
with any drug trafficking offense that involves a controlled substance 
not specifically referenced in the guidelines, courts are required in 
cases involving methylone to ``determine the base offense level using 
the marihuana equivalency of the most closely related controlled 
substance referenced in [Section 2D1.1].'' See USSG Section 2D1.1, 
comment. (n.6). The guidelines establish a three-step process for 
making this determination. See USSG 2D1.1, comment. (n.6, 8). First, a 
court must determine the most closely related controlled substance by 
considering, to the extent practicable, the factors set forth in 
Application Note 6. Once the most closely related controlled substance 
is determined, the next step is to determine the appropriate quantity 
of marihuana equivalent, using the Drug Equivalency Tables at 
Application Note 8(D). The final step is to use the Drug Quantity Table 
at Section 2D1.1(c) to determine the base offense level that 
corresponds to that amount of marihuana.
    A preliminary review of Commission data regarding cases involving 
synthetic cathinones indicates that, in determining the most closely 
related controlled substance, courts recognize distinctions among types 
of synthetic cathinones. For example, in cases involving methylone, 
Commission data indicates that courts have almost always identified 
MDMA as the most closely related controlled substance to methylone, and 
have used either MDMA's marihuana equivalency of 500:1 or a reduced 
equivalency.
    Issues for Comment.--
    1. The Commission invites general comment on whether, and if so 
how, the guidelines for MDMA/Ecstasy trafficking should be changed. As 
stated above, the marihuana equivalency of MDMA is 1 gm of MDMA = 500 
gm of marihuana. Is the marihuana equivalency for MDMA appropriate? 
Should the Commission establish a different equivalency for MDMA? If 
so, what equivalency should the Commission provide and on what basis?
    The Commission further seeks comment on any relevant developments 
in the scientific literature on the health effects of MDMA use since 
the Commission published its MDMA Report and last amended the marihuana 
equivalency for MDMA in 2001. The Commission also seeks comment about 
whether there have been changes in MDMA distribution and usage 
patterns, such as marketing to or prevalence of use among youth, since 
2001. For example, how is MDMA typically manufactured, distributed, and 
marketed today? How does MDMA compare to other controlled substances 
referenced in Section 2D1.1 in terms of health effects (including 
addictiveness and abuse potential), marketing and trafficking patterns, 
and potency by dosage unit? How should the Commission assess the harms 
of MDMA relative to those of other controlled substances?
    Finally, the Commission seeks comment on whether since 2001 there 
have been any developments to suggest that the Commission, in addition 
to or instead of establishing a different equivalency for MDMA, should 
revise the ``typical weight per unit'' measure set forth in Application 
Note 9 to Section 2D1.1, which is currently set at 250 mg for MDMA. If 
so, what are those developments? How should the Commission revise the 
``typical weight per unit'' measure set forth for MDMA?
    2. As noted above, courts have typically identified MDMA as the 
most closely related controlled substance to methylone. Under the 
current guidelines, including Application Note 6 to Section 2D1.1, is 
this determination appropriate? If not, is there any controlled 
substance referenced in Section 2D1.1 that is most closely related to 
methylone? If so, what substance?
    The Commission seeks comment on whether the Commission should 
provide a marihuana equivalency for methylone. If so, and MDMA is 
determined to be the most closely related controlled substance to

[[Page 28384]]

methylone, should the Commission specify a marihuana equivalency for 
methylone at the same ratio as MDMA, regardless of whether the ratio 
for MDMA is changed from its current 500:1 level? Should the Commission 
establish a marihuana equivalency for methylone at a higher or lower 
ratio than the current MDMA equivalency? If so, what equivalency should 
the Commission provide and why? To the extent methylone has different 
characteristics than MDMA, how do those characteristics compare with 
other controlled substances referenced in Section 2D1.1 in terms of 
health effects (including addictiveness and abuse potential), marketing 
and trafficking patterns, and potency by dosage unit?
    If the Commission were to establish a marihuana equivalency for 
methylone, which is often marketed and consumed in capsule form, should 
the Commission establish a ``typical weight per unit'' for methylone in 
Application Note 9 to Section 2D1.1?
    3. The Commission seeks general comment on whether there are 
synthetic cathinones, other than methylone, that are substantially 
similar in their effects to MDMA. If so, what are those substances? How 
do those substances compare to MDMA in terms of health effects 
(including addictiveness and abuse potential), marketing and 
trafficking patterns, and potency by dosage unit? If the Commission 
were to include any such other synthetic cathinones in the Drug 
Equivalency Tables at Application Note 8(D) to Section 2D1.1, how 
should the Commission establish marihuana equivalencies for these other 
synthetic cathinones in relation to one another and to the other 
controlled substances referenced in Section 2D1.1?

    Authority: 28 U.S.C. 994(a), (o), (p), (x); USSC Rules of 
Practice and Procedure 4.4.

William H. Pryor, Jr.,
Acting Chair.
[FR Doc. 2017-12867 Filed 6-20-17; 8:45 am]
BILLING CODE 2210-40-P
28382 Federal Register / Vol. 82, No. 118 / Wednesday, June 21, 2017 / Notices

(10) Resolution of circuit conflicts, publishing this request for public Commission traditionally considers
pursuant to the Commission’s comment on issues related to MDMA/ when determining the marihuana
continuing authority and responsibility, Ecstasy and methylone, one of the equivalencies for specific controlled
under 28 U.S.C. 991(b)(1)(B) and synthetic cathinones included in the substances to the substances under
Braxton v. United States, 500 U.S. 344 Commission’s study. The issues for study. See U.S. Sentencing Comm’n,
(1991), to resolve conflicting comment are set forth in the ‘‘Request for Public Comment,’’ 81 FR
interpretations of the guidelines by the SUPPLEMENTARY INFORMATION portion of 92021 (Dec. 19, 2016). On April 18,
federal courts. this notice. 2017, the Commission held a public
(11) Consideration of any DATES: Public comment regarding the hearing relating to this priority. The
miscellaneous guideline application issues for comment set forth in this Commission received testimony from
issues coming to the Commission’s notice should be received by the experts on the synthetic drugs related to
attention from case law and other Commission not later than August 7, the study, including testimony about
sources, including consideration of 2017. their chemical structure,
whether a defendant’s denial of relevant pharmacological effects, trafficking
ADDRESSES: All written comment should
conduct should be considered in patterns, and community impact.
be sent to the Commission by electronic
determining whether a defendant has As part of its continuing work on this
mail or regular mail. The email address
accepted responsibility for purposes of priority, the Commission is publishing
for public comment is Public_
Section 3E1.1. this second request for comment
The Commission hereby gives notice Comment@ussc.gov. The regular mail
specifically focused on issues related to
that it is seeking comment on these address for public comment is United
MDMA/Ecstasy and methylone, one of
tentative priorities and on any other States Sentencing Commission, One
the synthetic cathinones included in the
issues that interested persons believe Columbus Circle NE., Suite 2–500,
Commission’s study. In addition to the
the Commission should address during Washington, DC 20002–8002, Attention:
substance-specific topics discussed
the amendment cycle ending May 1, Public Affairs.
below, the Commission anticipates that
2018. To the extent practicable, public FOR FURTHER INFORMATION CONTACT: its work will continue to be guided by
comment should include the following: Christine Leonard, Director, Office of the factors the Commission traditionally
(1) A statement of the issue, including, Legislative and Public Affairs, (202) considers when determining marihuana
where appropriate, the scope and 502–4500, pubaffairs@ussc.gov. equivalencies for specific controlled
manner of study, particular problem SUPPLEMENTARY INFORMATION: The substances, including their chemical
areas and possible solutions, and any United States Sentencing Commission is structure, pharmacological effects,
other matters relevant to a proposed an independent agency in the judicial legislative and scheduling history,
priority; (2) citations to applicable branch of the United States potential for addiction and abuse, the
sentencing guidelines, statutes, case Government. The Commission pattern of abuse and harms associated
law, and constitutional provisions; and promulgates sentencing guidelines and with their abuse, and the patterns of
(3) a direct and concise statement of policy statements for federal courts trafficking and harms associated with
why the Commission should make the pursuant to 28 U.S.C. 994(a). The their trafficking.
issue a priority. Commission also periodically reviews MDMA.—MDMA (3,4-
Authority: 28 U.S.C. 994(a), (o); USSC
and revises previously promulgated Methylenedioxy-methamphetamine) is a
Rules of Practice and Procedure 5.2. guidelines pursuant to 28 U.S.C. 994(o) Schedule I controlled substance with a
and submits guideline amendments to chemical structure similar to
William H. Pryor, Jr., the Congress not later than the first day methamphetamine and the hallucinogen
Acting Chair. of May each year pursuant to 28 U.S.C. mescaline. See U.S. Sentencing
[FR Doc. 2017–12868 Filed 6–20–17; 8:45 am] 994(p). Comm’n, Report to the Congress:
BILLING CODE 2210–40–P In August 2016, the Commission MDMA Drug Offenses: Explanation of
indicated that one of its priorities would Recent Guideline Amendments 6–7
be the ‘‘[s]tudy of offenses involving (May 2001) (‘‘MDMA Report’’), available
UNITED STATES SENTENCING MDMA/Ecstasy, synthetic cannabinoids at http://www.ussc.gov/sites/default/
COMMISSION (such as JWH–018 and AM–2201), and files/pdf/news/congressional-testimony-
synthetic cathinones (such as and-reports/drug-topics/200105_RtC_
Sentencing Guidelines for United Methylone, MDPV, and Mephedrone), MDMA_Drug_Offenses.pdf. MDMA, also
States Courts and consideration of any amendments known as ‘‘ecstasy’’ or ‘‘molly,’’ was
AGENCY: United States Sentencing to the Guidelines Manual that may be originally developed for therapeutic use,
Commission. appropriate in light of the information but became a drug of abuse by the late
ACTION: Request for public comment. obtained from such study.’’ See U.S. 1970s. Id. at 7. Its use results in
Sentencing Comm’n, ‘‘Notice of Final enhanced feelings of pleasure,
SUMMARY: In August 2016, the Priorities,’’ 81 FR 58004 (Aug. 24, 2016). relaxation, and self-confidence, while
Commission indicated that one of its The Commission expects that this study accompanying physical symptoms may
policy priorities would be the ‘‘[s]tudy will be conducted over a multi-year include increased heart rate and blood
of offenses involving MDMA/Ecstasy, period, and may solicit comment several pressure and difficulty regulating body
synthetic cannabinoids (such as JWH– times during this period from experts temperature. MDMA is typically
asabaliauskas on DSKBBXCHB2PROD with NOTICES

018 and AM–2201), and synthetic and other members of the public. marketed and consumed in pill form. Id.
cathinones (such as Methylone, MDPV, On December 19, 2016, the MDMA is not specifically listed in the
and Mephedrone), and consideration of Commission published a request for Drug Quantity Table at § 2D1.1
any amendments to the Guidelines comment inviting general comment on (Unlawful Manufacturing, Importing,
Manual that may be appropriate in light synthetic cathinones (MDPV, Exporting, or Trafficking (Including
of the information obtained from such methylone, and mephedrone) and Possession with Intent to Commit These
study.’’ See 81 FR 58004 (Aug. 24, synthetic cannabinoids (JWH–018 and Offenses); Attempt or Conspiracy), but it
2016). As part of its continuing work on AM–2201), as well as about the is referenced in the Drug Equivalency
this priority, the Commission is application of the factors the Tables. See USSC Section 2D1.1,

VerDate Sep<11>2014 19:12 Jun 20, 2017 Jkt 241001 PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 E:\FR\FM\21JNN1.SGM 21JNN1
Federal Register / Vol. 82, No. 118 / Wednesday, June 21, 2017 / Notices 28383

comment. (n.8(D)). Prior to 2001, the Methylone and Other Synthetic MDMA’s marihuana equivalency of
marihuana equivalency of MDMA was 1 Cathinones.—According to the National 500:1 or a reduced equivalency.
gm of MDMA = 35 gm of marihuana. Institute on Drug Abuse, synthetic Issues for Comment.—
The Commission established the current cathinones, also known as ‘‘bath salts,’’ 1. The Commission invites general
marihuana equivalency and penalties are human-made substances chemically comment on whether, and if so how, the
for MDMA in 2001 in response to the related to cathinone, a stimulant found guidelines for MDMA/Ecstasy
Ecstasy Anti-Proliferation Act of 2000, in the khat plant. See National Institute trafficking should be changed. As stated
Public Law 106–310 (Oct. 17, 2000). The on Drug Abuse, DrugFacts: Synthetic above, the marihuana equivalency of
Act directed the Commission to Cathinones (‘‘Bath Salts’’) (January MDMA is 1 gm of MDMA = 500 gm of
examine whether the then-current 2016) available at https:// marihuana. Is the marihuana
penalties associated with MDMA were www.drugabuse.gov/publications/ equivalency for MDMA appropriate?
appropriate, adopt any appropriate drugfacts/synthetic-cathinones-bath- Should the Commission establish a
amendments to the Guidelines Manual, salts. Methylone (3,4-methylenedioxy- different equivalency for MDMA? If so,
and submit a report to Congress N-methylcathinone), also known as what equivalency should the
explaining its actions. Id. at 2. The Act MDMC, is a synthetic cathinone that has Commission provide and on what basis?
also instructed the Commission to been reported to have hallucinogenic The Commission further seeks
consider five distinct ‘‘dangers’’ effects broadly similar to those of comment on any relevant developments
associated with unlawful activity MDMA. Like MDMA, methylone has in the scientific literature on the health
involving MDMA: (1) Rapid growth in been associated with use at dance effects of MDMA use since the
its use; (2) a recent increase in its parties or ‘‘raves.’’ According to the Commission published its MDMA
importation; (3) the young age at which Drug Enforcement Agency, methylone is Report and last amended the marihuana
usage began; (4) the marketing of the typically imported from abroad and equivalency for MDMA in 2001. The
substance to youth; and (5) the large consumed in capsule form. Drug Commission also seeks comment about
number of doses per gram of MDMA. Id. Enforcement Agency, U.S. Dep’t of whether there have been changes in
Justice, Drugs of Abuse: A DEA MDMA distribution and usage patterns,
at 3.
Resource Guide 80 (2015). such as marketing to or prevalence of
The Commission implemented the use among youth, since 2001. For
directive by adopting an amendment Unlike MDMA, methylone is not
specifically listed in either the Drug example, how is MDMA typically
setting the marihuana equivalency for manufactured, distributed, and
Quantity Table or the Drug Equivalency
MDMA as 1 gm of MDMA = 500 gm of marketed today? How does MDMA
Tables at Section 2D1.1. As with any
marihuana. See USSG App. C, amend. compare to other controlled substances
drug trafficking offense that involves a
609 (effective May 1, 2001). In response referenced in Section 2D1.1 in terms of
controlled substance not specifically
to the directive, the Commission also health effects (including addictiveness
referenced in the guidelines, courts are
published its MDMA Report and and abuse potential), marketing and
required in cases involving methylone
submitted it to Congress. In the MDMA trafficking patterns, and potency by
to ‘‘determine the base offense level
Report, the Commission explained that dosage unit? How should the
using the marihuana equivalency of the
it had found evidence supporting all of Commission assess the harms of MDMA
most closely related controlled
Congress’s concerns except for the fifth relative to those of other controlled
substance referenced in [Section
(the number of doses per gram). See id. 2D1.1].’’ See USSG Section 2D1.1, substances?
at 11–16. The MDMA Report also comment. (n.6). The guidelines establish Finally, the Commission seeks
explained that there was conflicting a three-step process for making this comment on whether since 2001 there
evidence about MDMA’s potential long- determination. See USSG 2D1.1, have been any developments to suggest
term mental and physical harms and comment. (n.6, 8). First, a court must that the Commission, in addition to or
dangers relative to other controlled determine the most closely related instead of establishing a different
substances. See id. at 17–18. After controlled substance by considering, to equivalency for MDMA, should revise
considering all the evidence, the the extent practicable, the factors set the ‘‘typical weight per unit’’ measure
Commission chose a 500:1 ratio, which forth in Application Note 6. Once the set forth in Application Note 9 to
was less than an earlier 1,000:1 most closely related controlled Section 2D1.1, which is currently set at
proposal, but would result in significant substance is determined, the next step is 250 mg for MDMA. If so, what are those
increases in the penalties for MDMA to determine the appropriate quantity of developments? How should the
offenses. See id. at 6. The 500:1 ratio marihuana equivalent, using the Drug Commission revise the ‘‘typical weight
was intended to punish ‘‘local Equivalency Tables at Application Note per unit’’ measure set forth for MDMA?
distributors’’ with sentences of 8(D). The final step is to use the Drug 2. As noted above, courts have
approximately five years, and ‘‘upper Quantity Table at Section 2D1.1(c) to typically identified MDMA as the most
and middle level distributors’’ with determine the base offense level that closely related controlled substance to
sentences of ten or more years. See id. corresponds to that amount of methylone. Under the current
at 18. marihuana. guidelines, including Application Note
The marihuana equivalency of MDMA A preliminary review of Commission 6 to Section 2D1.1, is this determination
remains 1 gm of MDMA = 500 gm of data regarding cases involving synthetic appropriate? If not, is there any
marihuana. Some public comment and cathinones indicates that, in controlled substance referenced in
asabaliauskas on DSKBBXCHB2PROD with NOTICES

judicial opinions have suggested that determining the most closely related Section 2D1.1 that is most closely
the current marihuana equivalency for controlled substance, courts recognize related to methylone? If so, what
MDMA may no longer be appropriate in distinctions among types of synthetic substance?
light of scientific and practical cathinones. For example, in cases The Commission seeks comment on
developments that have occurred since involving methylone, Commission data whether the Commission should
2001. Other stakeholders have suggested indicates that courts have almost always provide a marihuana equivalency for
that the current ratio remains identified MDMA as the most closely methylone. If so, and MDMA is
appropriate in light of the concerns related controlled substance to determined to be the most closely
expressed by Congress in 2000. methylone, and have used either related controlled substance to

VerDate Sep<11>2014 19:12 Jun 20, 2017 Jkt 241001 PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 E:\FR\FM\21JNN1.SGM 21JNN1
28384 Federal Register / Vol. 82, No. 118 / Wednesday, June 21, 2017 / Notices

methylone, should the Commission ACTION: Notice. professionals in the defense community,
specify a marihuana equivalency for information regarding federal
methylone at the same ratio as MDMA, SUMMARY: In view of upcoming sentencing issues; and (4) to perform
regardless of whether the ratio for vacancies in the voting membership of
other related functions as the
MDMA is changed from its current the Practitioners Advisory Group, the
United States Sentencing Commission Commission requests. The advisory
500:1 level? Should the Commission group consists of not more than 17
establish a marihuana equivalency for hereby invites any individual who is
eligible to be appointed to one of the voting members, each of whom may
methylone at a higher or lower ratio serve not more than two consecutive
than the current MDMA equivalency? If vacancies to apply. The voting
memberships covered by this notice are three-year terms. Of those 17 voting
so, what equivalency should the
two circuit memberships (for the Sixth members, one shall be Chair, one shall
Commission provide and why? To the
Circuit and the Seventh Circuit) and one be Vice Chair, 12 shall be circuit
extent methylone has different
characteristics than MDMA, how do at-large membership. An applicant for members (one for each federal judicial
those characteristics compare with other voting membership of the Practitioners circuit other than the Federal Circuit),
controlled substances referenced in Advisory Group should apply by and three shall be at-large members.
Section 2D1.1 in terms of health effects sending a letter of interest and resume To be eligible to serve as a voting
(including addictiveness and abuse to the Commission as indicated in the member, an individual must be an
potential), marketing and trafficking ADDRESSES section below. Application attorney who (1) devotes a substantial
patterns, and potency by dosage unit? materials should be received by the portion of his or her professional work
If the Commission were to establish a Commission not later than August 25, to advocating the interests of privately-
marihuana equivalency for methylone, 2017.
represented individuals, or of
which is often marketed and consumed DATES: Application materials for voting individuals represented by private
in capsule form, should the Commission membership of the Practitioners practitioners through appointment
establish a ‘‘typical weight per unit’’ for Advisory Group should be received not under the Criminal Justice Act of 1964,
methylone in Application Note 9 to later than August 25, 2017. within the federal criminal justice
Section 2D1.1? ADDRESSES: An applicant for voting
3. The Commission seeks general system; (2) has significant experience
membership of the Practitioners with federal sentencing or post-
comment on whether there are synthetic Advisory Group should apply by
cathinones, other than methylone, that conviction issues related to criminal
sending a letter of interest and resume sentences; and (3) is in good standing of
are substantially similar in their effects to the Commission by electronic mail or
to MDMA. If so, what are those the highest court of the jurisdiction or
regular mail. The email address is jurisdictions in which he or she is
substances? How do those substances
pubaffairs@ussc.gov. The regular mail
compare to MDMA in terms of health admitted to practice. Additionally, to be
address is United States Sentencing
effects (including addictiveness and eligible to serve as a circuit member, the
Commission, One Columbus Circle NE.,
abuse potential), marketing and individual’s primary place of business
Suite 2–500, South Lobby, Washington,
trafficking patterns, and potency by or a substantial portion of his or her
DC 20002–8002, Attention: Public
dosage unit? If the Commission were to practice must be in the circuit
Affairs.
include any such other synthetic concerned. Each voting member is
cathinones in the Drug Equivalency FOR FURTHER INFORMATION CONTACT:
appointed by the Commission.
Tables at Application Note 8(D) to Christine Leonard, Director, Office of
Section 2D1.1, how should the Legislative and Public Affairs, (202) The Commission invites any
Commission establish marihuana 502–4500, pubaffairs@ussc.gov. More individual who is eligible to be
equivalencies for these other synthetic information about the Practitioners appointed to a voting membership
cathinones in relation to one another Advisory Group is available on the covered by this notice (i.e., the circuit
and to the other controlled substances Commission’s Web site at memberships for the Sixth Circuit and
referenced in Section 2D1.1? www.ussc.gov/advisory-groups. the Seventh Circuit, and one at-large
Authority: 28 U.S.C. 994(a), (o), (p), (x); SUPPLEMENTARY INFORMATION: The membership) to apply by sending a
USSC Rules of Practice and Procedure 4.4. Practitioners Advisory Group is a letter of interest and a resume to the
standing advisory group of the United Commission as indicated in the
William H. Pryor, Jr., States Sentencing Commission pursuant ADDRESSES section above.
Acting Chair. to 28 U.S.C. 995 and Rule 5.4 of the Authority: 28 U.S.C. 994(a), (o), (p), 28
[FR Doc. 2017–12867 Filed 6–20–17; 8:45 am] Commission’s Rules of Practice and U.S.C. 995; USSC Rules of Practice and
BILLING CODE 2210–40–P Procedure. Under the charter for the Procedure 5.4.
advisory group, the purpose of the
advisory group is (1) to assist the William H. Pryor, Jr.,
UNITED STATES SENTENCING Commission in carrying out its statutory Acting Chair.
COMMISSION responsibilities under 28 U.S.C. 994(o); [FR Doc. 2017–12866 Filed 6–20–17; 8:45 am]
(2) to provide to the Commission its
Requests for Applications; BILLING CODE 2210–40–P
views on the Commission’s activities
Practitioners Advisory Group
and work, including proposed priorities
asabaliauskas on DSKBBXCHB2PROD with NOTICES

AGENCY:United States Sentencing and amendments; (3) to disseminate to
Commission. defense attorneys, and to other

VerDate Sep<11>2014 19:12 Jun 20, 2017 Jkt 241001 PO 00000 Frm 00091 Fmt 4703 Sfmt 9990 E:\FR\FM\21JNN1.SGM 21JNN1
Document Created: 2018-11-14 10:08:26
Document Modified: 2018-11-14 10:08:26
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Request for public comment.
Dates		Public comment regarding the issues for comment set forth in this notice should be received by the Commission not later than August 7, 2017.
Contact		Christine Leonard, Director, Office of Legislative and Public Affairs, (202) 502-4500, [email protected]
FR Citation		82 FR 28382