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Federal Marijuana Trafficking Cases Dropped Yet Again Amid State Legalization Push, U.S. Sentencing Commission Report Finds

March 6, 2024 by Kyle Jaeger

New data released by the U.S. Sentencing Commission shows that federal marijuana trafficking cases will continue to decline in 2023, as more states legalize marijuana. Sentencing Commission (USSC) shows.

The USSC 2023 Sourcebook of Federal Sentencing Statistics published on Tuesday reveals that a trend observed in the last decade has continued, as cannabis-related prosecutions have dropped precipitously due to state reform efforts and changing federal enforcement priorities.

A chart showing the trend shows that the report for this year does not specifically mention the number of marijuana cases in 2023. However, it has dropped again from the previous low of 2022 of 806. Comparatively, there were approximately 5,000 cannabis-related cases in 2013.

In addition, the number of cases involving powder cocaine and fentanyl increased last year.

The federal criminal cases involving drug offenses accounted for 29.9 percent, which is the second largest category behind immigration-related crimes.

Methamphetamine was the most prevalent drug in the federal system (47,3%). Fentanyl cases grew from 12.6% to 17.7% (up from FY22). Powder cocaine is the second most commonly used drug. pic.twitter.com/aWS13Iy1tC

United States Sentencing Commission 5 March 2024

Legalization supporters have long argued, that allowing adults access to regulated markets of marijuana would reduce the demand for illegal products and lead to fewer arrests.

This latest USSC report supports that idea, showing the gradual decrease in federal cannabis cases as more and more states have legalized the drug.

The report shows that marijuana cases have the lowest sentences of the six types of drugs that USCC tracks. For example, the average sentence for cannabis trafficking is 37 months compared to methamphetamine’s 100 months and fentanyl’s 72 months.

In November last year, USSC issued new guidelines to federal judges advising them to be more lenient with prior marijuana possession charges.

Prior convictions have been considered aggravating factors by federal judges when deciding on sentencing in new cases. As more states legalized marijuana, advocates pushed for updated guidelines so that a cannabis conviction doesn’t automatically add criminal history points to a person’s record that could result in enhanced sentences.

USSC published a report in 2013 showing that hundreds received more severe federal prison sentences during the last fiscal due to prior cannabis possession convictions.

In fiscal year 2022 data released by Customs and Border Protection shows that marijuana seizures dropped to a new record low. This trend is attributed to state-level legalization.

According to a FBI report published last October, marijuana arrests accounted for nearly a third (33%) of all drug arrests made in the U.S. during 2022. Inconsistencies and changes in the methodology of the FBI make it hard to draw meaningful comparisons between years or conclusions about cannabis enforcement and the broader trends.

The Drug Enforcement Administration also says that it made fewer arrests for marijuana in 2022 even though the number of cannabis plants eradicated by the agency grew.

In 2022, a report by the Government Accountability Office painted a more accurate picture of those who are caught up in enforcement. Agents at checkpoints in the United States are more likely to seize small amounts of marijuana than large shipments coming from international cartels.

In a report from 2022 the Congressional Research Service stated that state-level marijuana legalization combined with international reforms efforts has reduced demands for illegal marijuana from Mexico. has also been cited by Congressional legislators as to the impact that legalization will have on transnational drug cartels.

In line with federal reports and other studies , this analysis also revealed that cannabis seizures have declined significantly at checkpoints since 2016. Border Patrol seized 70,058 lbs of marijuana at checkpoints in 2016, compared to 30 828 lbs in 2020.

In the midst of this decline, Joe Biden twice pardoned people who have committed federal marijuana possession crimes, and Justice Department is actively distributing certificates to clemency applicants.

The pardon certification comes at a time when the Drug Enforcement Administration is considering a recommendation by the U.S. Department of Health and Human Services that reschedule marijuana to Schedule III. This recommendation stemmed from a review initiated by Biden in conjunction with his first marijuana clemency decision.

A recent survey revealed that the impression voters had of President increased by a net of 11 points when they heard about the implications of the rescheduling evaluation. This includes a swing of 11 points in favor of his reelection campaign among young voters aged 18-25.

The DEA has stated that it is the “final authority” on cannabis schedule.

In October last year, supporters of cannabis reform and legislators who supported Biden’s pardon of marijuana and his scheduling directive marked the anniversary of the pardon by asking him to do more. This included expanding on the relief that he had granted and explicitly supporting federal legalization.


Hawaii Senate Passes Marijuana Legalization Bill

U.S. Sentencing Commission Report Finds Federal Marijuana Trafficking Cases Dropped Again During State Legalization Push The Sentencing Report findings appeared first on Marijuana Moment.

Kyle Jaeger
Author: Kyle Jaeger

About Kyle Jaeger

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