Personal use quantities
Personal use quantities means those amounts of controlled substances in possession in circumstances where there is no other evidence of an intent to distribute, or to facilitate the manufacturing, compounding, processing, delivering, importing, or exporting of any controlled substance. (1) Evidence that possession of quantities of a controlled substance is for other than personal use may include, for example: (i) Evidence, such as drug scales, drug distribution paraphernalia, drug records, drug packaging material, method of drug packaging, drug cutting agents and other equipment, that indicates an intent to process, package or distribute a controlled substance; (ii) Information from reliable sources indicating possession of a controlled substance with intent to distribute; (iii) The arrest or conviction record of the person or persons in actual or constructive possession of the controlled substance for offenses under federal, state or local law that indicates an intent to distribute a controlled substance; (iv) Circumstances or reliable information indicating that the controlled substance is related to large amounts of cash or any amount of prerecorded government funds; (v) Circumstances or reliable information indicating that the controlled substance is a sample intended for distribution in anticipation of a transaction involving large quantities, or is part of a larger delivery; (vi) Statements by the possessor, or otherwise attributable to the possessor, including statements of conspirators, that indicate possession with intent to distribute; or (vii) The fact that the controlled substance was recovered from sweepings. (2) Possession of a controlled substance shall be presumed to be for personal use when there are no indicia of illicit drug trafficking or distributionsuch as, but not limited to, the factors listed aboveand the amounts do not exceed the following quantities: (i) One gram of a mixture or substance containing a detectable amount of heroin; (ii) One gram of a mixture or substance containing a detectable amount of (A) Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivations of ecgonine or their salts have been removed; (B) Cocaine, its salts, optical and geometric isomers, and salts of isomers; (C) Ecgonine, its derivatives, their salts, isomers, and salts of isomers; or (D) Any compound, mixture, or preparation that contains any quantity of any of the substances referred to in paragraphs (2)(ii)(A) through (2)(ii)(C) of this definition; (iii) 1/10th gram of a mixture or substance described in paragraph (e)(2)(ii) of this section which contains cocaine base; (iv) 1/10th gram of a mixture or substance containing a detectable amount of phencyclidine (PCP); (v) 500 micrograms of lysergic acid diethylamide (LSD); (vi) One ounce of a mixture or substance containing a detectable amount of marihuana; (vii) One gram of methamphetamine, its salts, isomers, and salts of its isomers, or one gram of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers. (3) The possession of a narcotic, a depressant, a stimulant, a hallucinogen, or a cannabis-controlled substance will be considered in excess of personal use quantities if the dosage unit amount possessed provides the same or greater equivalent efficacy as the quantities described in paragraph (e)(2) of this section.