Fairness in Drug Sentencing Act of 2007

Section 401(b)(1) of the Controlled Substances Act (21 U.S.C. 841(b)(1)) is amended—

(1) in subparagraph (A)(iii), by striking 50 grams and inserting 250 grams; and

(2) in subparagraph (B)(iii), by striking 5 grams and inserting 25 grams.

Section 1010(b) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)) is amended—

(1) in paragraph (1)(C), by striking 50 grams and inserting 250 grams; and

(2) in paragraph (2)(C), by striking 5 grams and inserting 25 grams.

(1) an increase to the existing enhancement for possession of a dangerous weapon;

(2) an enhancement for the use or brandishment of a dangerous weapon;

(3) an enhancement for the use, or threatened use, of violence; and

(4) any other enhancement the Commission considers necessary.

Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall review and, if appropriate, amend the sentencing guidelines to ensure that the penalties for an offense involving trafficking of a controlled substance adequately take into account the culpability of the defendant and the role of the defendant in the offense.

In carrying out this section, the United States Sentencing Commission shall consider—

(1) whether enhancements should be added, either to the existing enhancements for aggravating role or otherwise, that take into account aggravating factors associated with the offense, including—

(A) whether the defendant committed the offense as part of a pattern of criminal conduct engaged in as a livelihood;

(B) whether the defendant maintained an establishment for the manufacture or distribution of the controlled substance;

(C) whether the defendant distributed a controlled substance to an individual under the age of 18 years or a pregnant individual;

(D) whether the defendant involved an individual under the age of 18 years or a pregnant individual in the offense;

(E) whether the defendant manufactured or distributed the controlled substance in a location described in section 409(a) or section 419(a) of the Controlled Substances Act (21 U.S.C. 849(a) or 860(a));

(F) whether the defendant bribed, or attempted to bribe, a Federal, State, or local law enforcement officer in connection with the offense;

(G) whether the defendant was involved in the importation into the United States of the controlled substance;

(H) whether the defendant committed the offense after previously being convicted of a felony controlled substances offense; and

(I) any other factor the Commission considers necessary; and

(2) whether adjustments should be added, either to the existing guideline for mitigating role or otherwise, that take into account mitigating factors associated with the offense, including—

(A) whether the defendant had minimum knowledge of the illegal enterprise;

(B) whether the defendant received little or no compensation in connection with the offense; and

(C) whether the defendant acted on impulse, fear, or friendship when the defendant was otherwise unlikely to commit such an offense.