Congress insists on "emergency" sentencing on club drug

The Methamphetamine and Club Drug Anti-Proliferation Act of 2000 (Pub. L. 106-310) required the Sentencing Commission to institute "temporary," emergency sentencing enhancements to the Sentencing Guidelines for crimes related to the manufacture of (meth)amphetamine. These enhancements went into effect on Dec. 16.

The Act requires the Sentencing Commission to provide a 3-level enhancement or a minimum offense level of level 27 if the offense "created a substantial risk of harm to human life or the environment." If the offense created a substantial risk of harm to the life of a minor or incompetent, the Act requires a 6-level enhancement and a minimum offense level of level 30.