How a children’s medicine came to be sentenced like crystal meth
Federal sentencing guidelines treat one gram of amphetamine exactly like one gram of methamphetamine. That is not how the law started, and Ryan Brandstrom has asked the federal court in Minnesota not to apply it.
Timeline
- 1970: Congress passes the Controlled Substances Act and places both amphetamine and methamphetamine in Schedule III.
- 1971: The Bureau of Narcotics and Dangerous Drugs (a DEA predecessor) moves both drugs into Schedule II together. Ryan’s motion argues the move rested on a short letter from the Department of Health, Education, and Welfare, without the eight-factor scientific findings required by 21 U.S.C. § 811(c).
- 1987–2000: The Sentencing Guidelines treat amphetamine closer to cocaine, producing far lower ranges than methamphetamine.
- 2001: The U.S. Sentencing Commission amends §2D1.1 to punish amphetamine the same as methamphetamine.
- 2007–2009: The Supreme Court holds in Kimbrough v. United States and Spears v. United States that judges may reject drug guidelines that lack empirical support. Those cases involved the crack/powder cocaine disparity.
- 2010: Congress passes the Fair Sentencing Act, cutting the crack-to-powder ratio from 100:1 to 18:1 after years of evidence that the old ratio was unjustified.
The numbers behind the disparity
| 1 gram of… | Guideline weight | Compared with amphetamine |
|---|---|---|
| Amphetamine (Adderall) | 2,000 g | — |
| Methamphetamine (mixture) | 2,000 g | Same |
| Fentanyl | 2,500 g | Only 1.25× amphetamine |
| Heroin | 1,000 g | Half of amphetamine |
| Crack cocaine | 3,571 g | 1.8× amphetamine |
| Powder cocaine | 200 g | One-tenth of amphetamine |
Source: U.S.S.G. §2D1.1, Application Note 8(D). “Actual” (pure) amphetamine and methamphetamine, and “ice,” are weighted at 20,000 g per gram.
Purity: why the mixture rule hits amphetamine hardest
The guidelines usually weigh the whole mixture, not the drug inside it. The DEA reports that street methamphetamine is now typically more than 90% pure. Ryan’s motion points out that, in Minnesota cases, meth mixtures are often about 98% pure while amphetamine mixtures are often closer to 10%. So a 500-gram meth mixture may hold about 490 grams of drug, and a 500-gram amphetamine mixture about 50 grams. Both get the same guideline score.
Judges have noticed
“[The methamphetamine guideline] was not developed based on empirical evidence and results in unnecessarily harsh sentences.”Judge John R. Tunheim, U.S. District Court for the District of Minnesota, United States v. Ferguson, as quoted in Ryan Brandstrom’s motion
Ryan Brandstrom’s motion
Acting pro se, Ryan asked the court to declare §2D1.1 invalid as applied to amphetamine sulfate. In the alternative, he asked the court to apply the pre-2001 cocaine-based guideline, or at least to vary downward under Kimbrough and Spears. He also preserved for appeal his argument that the 1971 rescheduling was unlawful, noting that after Loper Bright Enterprises v. Raimondo (2024) courts no longer defer to unexplained agency action.
“Amphetamine sulfate (Evekeo) is a pediatric medication lawfully prescribed to children as young as three. Yet under the current Guidelines it is punished identically to crystal methamphetamine.”Ryan Brandstrom, Motion to Declare U.S.S.G. §2D1.1 Invalid as Applied to Amphetamine Sulfate
Follow the case at ryanbrandstrom.com/case.
Questions and answers
Does federal law have a mandatory minimum sentence for amphetamine?
No. 21 U.S.C. § 841(b)(1)(A) and (B) list mandatory-minimum quantities for heroin, cocaine, crack, fentanyl, methamphetamine and other drugs, but not for amphetamine. Amphetamine cases fall under § 841(b)(1)(C), which has no mandatory minimum.
Can a federal judge refuse to follow the drug guidelines?
Yes. The guidelines are advisory. In Kimbrough v. United States (2007) and Spears v. United States (2009), the Supreme Court held that judges may vary from a drug guideline based on a policy disagreement, especially when the guideline lacks empirical support.