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DRUG WORKING GROUP REPORT AND PROPOSALS ON LISTED CHEMICALS

NCJ Number
146260
Date Published
1990
Length
184 pages
Annotation
The U.S. Sentencing Commission's Drug Working Group evaluated the Chemical Diversion Trafficking Act (CDTA) and recommended amendments to the act for sanctioning offenses related to the possession of chemicals used in manufacturing controlled substances.
Abstract
The CDTA, passed in 1988 and effective in 1989, is based on the premise that the clandestine production of controlled substances can be severely curtailed by limiting or controlling the supply of listed chemicals needed to produce those substances. The CDTA regulates the import, export, possession, and distribution of precursor and essential chemicals and equipment commonly used to clandestinely manufacture controlled substances. The CDTA imposes recordkeeping and reporting requirements on distributors of listed chemicals and also restricts the possession and manufacture of certain equipment used to clandestinely manufacture controlled substances. Sanctions for violating the CDTA range from civil fines to misdemeanor penalties to a felony conviction of up to 10 years imprisonment. Two options have been formulated by the U.S. Sentencing Commission's Drug Working Group to amend the CDTA. The first option uses a chemical quantity table to determine the offense level, while the second option determines the offense level primarily by relying on existing guidelines.