Drug Offenses Occurring Near Protected Locations or Involving Underage or

Pregnant Individuals; Attempt or Conspiracy (a) Base Offense Level (Apply the greatest): (1) 2 plus the offense level from §2D1.1 applicable to the quantity of con- trolled substances directly involving a protected location or an under- age or pregnant individual; or (2) 1 plus the offense level from §2D1.1 applicable to the total quantity of controlled substances involved in the offense; or (3) 26, if the offense involved a person less than eighteen years of age; or (4) 13, otherwise. Commentary Statutory Provisions: 21 U.S.C. §§ 859 (formerly 21 U.S.C. § 845), 860 (formerly 21 U.S.C. § 845a), 861 (formerly 21 U.S.C. § 845b). Application Note: 1. This guideline applies only in a case in which the defendant is convicted of a statutory violation of drug trafficking in a protected location or involving an underage or pregnant individual (in- cluding an attempt or conspiracy to commit such a violation) or in a case in which the defendant stipulated to such a statutory violation. See §1B1.2(a). In a case involving such a conviction but in which only part of the relevant offense conduct directly involved a protected location or an underage or pregnant individual, subsections (a)(1) and (a)(2) may result in different offense lev- els. For example, if the defendant, as part of the same course of conduct or common scheme or plan, sold 5 grams of heroin near a protected location and 10 grams of heroin elsewhere, the offense level from subsection (a)(1) would be level 14 (2 plus the offense level for the sale of Guidelines Manual (November 1, 2024) ║ 175 §2D1.5 5 grams of heroin, the amount sold near the protected location); the offense level from subsec- tion (a)(2) would be level 15 (1 plus the offense level for the sale of 15 grams of heroin, the total amount of heroin involved in the offense). Background: This section implements the direction to the Commission in section 6454 of Public Law 100–690. Historical Note Effective November 1, 1987. Amended effective January 15, 1988 (amendment 22); November 1, 1989 (amendment 135); November 1, 1990 (amendment 319); November 1, 1991 (amendment 421); November 1, 1992 (amendment 447); November 1, 2000 (amendment 591); November 1, 2014 (amendment 782); Novem- ber 1, 2024 (amendment 831). §2D1.3. [Deleted] Historical Note Section 2D1.3 (Distributing Controlled Substances to Individuals Younger than Twenty-One Years, to Preg- nant Women, or Within 1000 Feet of a School or College), effective November 1, 1987, amended effective January 15, 1988 (amendment 23), was deleted by consolidation with §2D1.2 effective November 1, 1989 (amendment 135). §2D1.4. [Deleted] Historical Note Section 2D1.4 (Attempts and Conspiracies), effective November 1, 1987, amended effective November 1, 1989 (amendments 136–138), was deleted by consolidation with the guidelines applicable to the underlying substantive offenses effective November 1, 1992 (amendment 447).