Whether the definition of a 'controlled substance offense' in United States Sentencing Guideline U.S.S.G. § 4B1.2(b) only covers offenses involving substances controlled by the federal Controlled Substances Act (CSA), or whether the definition also applies to offenses involving substances controlled by applicable state law

The question presented is “Whether the definition of a ‘controlled substance offense’ in United States Sentencing Guideline (“U.S.S.G.”) U.S.S.G. § 4B1.2(b) only covers offenses involving substances controlled by the federal Controlled Substances Act (“CSA”)(21 U.S.C. § 801 et seq.), or whether the definition also applies to offenses involving substances controlled by applicable state law”. United States Sentencing Commission, Notice of Proposed Amendments to Sentencing Guidelines, Policy Statements, and Commentary, 88 Fed. Reg. 7180, 7180-7234 (Feb. 2, 2023); 90 Fed. Reg. 128-39 (Jan. 2, 2025). This issue has been addressed by this Court and the issue was addressed in the United States Sentencing Commission’s published amendments for the amendment cycle ending May 1, 2025; however, the issue is still unresolved. Guerrant v. United States, 142 S.Ct. 640 (Mem) (2022); Proposed Amendments to the Sentencing Guidelines December 19, 2024 rf proposed.pdf. The Commission’s amendments would revise the definition of “controlled substance offense” to exclude state drug offenses from the scope of its application by listing specific federal statutes relating to drug offenses. 88 Fed. Reg. 7180, 7180-7234 (Feb. 2, 2023); 90 Fed. Reg. 128-39 (Jan. 2, 2025). These amendments become effective on November 1, 2025, unless Congress takes action to disapprove them. United States Sentencing Commission, New Release, December 19, 2024. i