Deleted departure provisions of §2D2.1. Unlawful Possession; Attempt or Conspiracy

Former §2D2.1, comment. (n.1) (Upward departure based on intended consumption of controlled substance by a person other than the defendant): USSG §2D1.12(b)(2) (Nov. 2024) provided: “If the offense involved (A) an unlawful discharge, emission, or release into the environment of a hazardous or toxic substance; or (B) the unlawful transportation, treatment, storage, or disposal of a hazardous waste, increase by 2 levels.” The typical case addressed by this guideline involves possession of a controlled substance by the defendant for the defendant’s own consumption. Where the circumstances establish intended consumption by a person other than the defendant, an upward departure may be warranted.