Both chambers of Congress have passed resolutions that condemn Russia for imprisoning a U.S. national over the possession of medical marijuana. The U.S. resident obtained it as a registered Pennsylvania patient and used it to treat his pain with an opioid substitute. The legislation calls for President Joe Biden to intensify efforts to secure his freedom.
The resolution states that the 14-year sentence Marc Fogel received for “drug smuggling”, over possession of half an ounce of marijuana, is political motivated and disproportionate. This is especially true when you consider that he used marijuana to treat medical conditions on a doctor’s advice.
The House version is led by Reps. Chris Deluzio, (D-PA), and Guy Reschenthaler (R-PA), with 13 co-sponsors. While the Senate concurrent resolution, which has been sponsored by Sens. Bob Casey (DPA), Steve Daines, (R-MT), John Fetterman, (DPA) and Jon Tester are the leaders of the House version.
The measure states that Marc Fogel had undergone “three back surgeries, a spine fusion, two knee replacements, and a hip implant to correct various injuries, health issues and have left him with chronic pain and a limp.” He “didn’t want to use opioids for his pain, and was prescribed medical marijuana to manage it in a way consistent with Pennsylvania State Law.”
Fogel, who “stated that he intended to use marijuana only for personal consumption and the Government of the Russian Federation presented no evidence of the contrary,” received a 14 year sentence after a “politicized trial.”
Resolution pointed out, too, that a Russian attorney informed Fogel’s parents that the average sentence in Russia for a low-level possession offense is five years probation and that Russia has imposed lesser sentences on those charged with possessing 1,500 grams or “various narcotics.”
It says that “Marc Fogel’s sentence is vastly disproportional to the severity and nonviolent nature of his crime. It is also wildly different from the punishments typically given for similar offenses in Russia. This clearly reflects the ongoing tensions between Russia & the United States.”
The measures call on Russia to release Fogel immediately and for the White House to “press for [his] immediate release in every interaction with the Government of Russian Federation.”
The document also “urges the Russian Federation Government to cease issuing outrageously disproportionate criminal penalties to nonviolent United States Citizens” and “condemns its continued use of detention and prosecution of United States citizens and lawful permanent resident of the Russian Federation for political purposes.”
The resolution was introduced soon after Fogel’s family visited the White House in order to meet with officials at all levels and to bring attention to Fogel’s case among members of Congress.
Deluzio stated that in a Wednesday press release: “We can’t sit back while Putin’s Russia plays political tricks with the lives and livelihoods of Americans, like Marc Fogel from Western Pennsylvania.” Marc faces unjust and excessive charges for possessing his legally prescribed medical cannabis.
Rep. Mike Kelly, R-PA, said the legislation “reaffirms [our] collective commitment to bringing Marc Fogel back home.” We have been pressing the Biden administration for too long to declare that Mr. Fogel was wrongfully held by the Russian government.
Deluzio and Reps. Guy Reschenthaler, R-PA, and Brendan Boyle, D-PA, also submitted a bill last month which would require the State Department explain to Congress why they have not declared Fogel as “wrongfully held” along with other Americans who are detained abroad.
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The State Department has been contacted by lawmakers in several ways to have Fogel, a U.S. diplomat who was an international teacher, classified as a person wrongfully detained. This designation intensifies diplomatic efforts for his release.
They have pointed out that this designation was made by the federal government for WNBA star Brittney Grinders, who served time in a Russian jail over possession of cannabis oils that she had also obtained lawfully as a medical marijuana user in Arizona . She was then released in a prisoner exchange negotiated by the Biden administration.
Daines and former U.S. Michael McFaul , the ambassador to Russia, wrote to Antony Blinken in a letter last month to urge him to “immediately escalate” diplomatic efforts to ensure Fogel’s release.
Last year, over two dozen members called on the State Department to step up diplomatic efforts in order to secure Fogel‘s release, calling his imprisonment for marijuana that he had used to treat chronic back pain “unconscionable”.
Last year, the White House announced that it was actively investigating Fogel’s case. Since then, lawmakers have kept up pressure to ensure they are doing everything possible to secure his freedom.
When asked whether the administration was working to secure the freedom of other Americans, like Fogel, who were imprisoned overseas, Press Secretary Karine Jean-Pierre referred to the State Department. She said that “every situation is different” but did not want to jump ahead of ongoing diplomatic efforts.
Casey also led a similar letter last year in which he asked the State Department for the same classification of the citizen, a teacher from the United States, as being “wrongfully held.” This came after other bipartisan Pennsylvania members of the congressional delegation similarly pleaded to the State Department to escalate Fogel’s case by drawing parallels between Griner’s marijuana-related convictions and Casey’s.
According to State Department spokesperson Ned Price, last year officials considered 11 criteria in determining if a case amounted to a wrongful arrest. If the U.S. believes that due process has been compromised, the arrest was made solely on the basis of being a U.S. citizen, or the individual is innocent, then a wrongful designation would be warranted.
Russia has, on its part, taken a particularly firm stance in opposition to reforming cannabis policies at an international level via the United Nations. It also condemned Canada’s decision to legalize marijuana across the country.
According to an official social media account, the deputy of the Russian Ministry of Foreign Affairs stated last year that the legalization efforts of the U.S.A. and Canada were “of great concern” for the country. It is alarming that some EU member states are considering breaking their drug control obligations.
Congressman Blasts VA And Defense Department For ‘Misguided Opposition’ To Medical Marijuana Usage By Veterans With Post Traumatic Stress Disorder
Photo by Philip Steffan.
The article Bipartisan Congressmen Demand Support for Americans jailed in Russia over Medical Marijuana with New Resolution first appeared on Marijuana Moment.
