The U.S. federal government has approved an amendment to update sentencing guidelines. The federal U.S. Sentences Commission (USSC), has approved an amendment to the sentencing guidelines that advises judges to treat previous marijuana possession offenses with moreleniency.
Members of the commission voted on Wednesday to approve a number of amendments to existing guidelines. This included a multi-part criminal record revision that includes cannabis possession as an example offense that generally warrants discretionary sentencing.
Federal judges are required to consider prior convictions (including state-level cannabis offenses) when deciding on sentencing in new cases. Advocates have called for new guidelines as states legalize marijuana. This will ensure that a person’s marijuana history doesn’t lead to additional criminal history points, which could result in enhanced sentences.
The cannabis amendment was not discussed at Wednesday’s meeting. It was only briefly described and passed on a voice vote. Congress will receive the revised guidance by May 1. The amendment will become effective November 1 if the lawmakers do not contest it.
Last month, the Justice department testified in support for the amendment during a USSC public hearing.
Although the proposal does not seek to eliminate marijuana convictions from criminal history, it would modify the commentary in the guidelines to “include sentences that result from possession of marihuana offences as an example of when the defendant’s criminal record may be warranted,” according a synopsis.
It notes that marihuana is still a Schedule I controlled substance according to the federal Controlled Substances Act, and can be sentenced to up to one-year imprisonment for repeat offenders. However, many states and territories have reduced the or eliminated the penalties for small amounts of marihuana to personal use.
Federal judges may impose sentences lower than what is recommended by current guidelines in situations called “downward departure”. The amendment would declare that simple possession of cannabis, “without the intent to sell it or distribute it to any other person,” is an example of a case that warrants sentencing discretion.
The Comment Language about cannabis possession is now in use.
Downward Departures. — (A). Examples.– A downward departure from the defendant’s criminal history category could be justified based on any one of the following:
…
(ii) A sentence for possessing marihuana to personal use without intent to sell it or distribute it to another person was given to the defendant.
The current guidelines regarding downward departures don’t explicitly mention cannabis. USSC gives an example of a case where a sentencing reduction could be warranted if the defendant has had two minor misdemeanor convictions within ten years of the current offense, and there is no evidence of any prior criminal activity in that time period.
Judges are encouraged to consider criminal history when deciding a person’s sentence. There are six levels to criminal history. The more severe the sentence, the higher it is.
In January, the USSC published a report showing that hundreds received more severe federal prison sentences because of previous cannabis possession convictions in states which have since changed their marijuana laws.
Federal marijuana possession cases have decreased dramatically since 2014, as more states legalize cannabis. However, the report highlights the long-term effects of cannabis convictions in federal sentencing.
In October, the USSC stated for the first time that it was reviewing its guidelines to modify how marijuana possession convictions should impact a person’s criminal record calculation (CHC), in sentencing decisions.
The body then proposed language , collected public comment but did not change the marijuana section in response.
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Federal drug cases are still common in the U.S. criminal justice system. However, marijuana-related convictions are on the decline due to more states legalizing cannabis and shifting prosecutorial priorities.
Last month, the commission released a report that showed that federal marijuana trafficking case continued to decline through 2022.
According to federal data released by Customs and Border Protection (CBP), cannabis seizures dropped to a record level in Fiscal Year 2022. This is consistent with an enforcement trend advocates attribute to state-level legalization.
The Government Accountability Office (GAO ) released a report last year that provides a better picture of those who are being caught up in its enforcement activities. Agents are mainly taking small quantities of marijuana from Americans at checkpoints throughout the country rather than busting large international cartels, as some might think.
The analysis also confirmed the findings of other studies and federal report. There has been a marked decline in marijuana seizures at checkpoints since 2016. There were 70,058 lbs of marijuana seized by Border Patrol in 2016, compared with 30,828 lbs in 2020.
Separately, bipartisan members of the U.S. Senate recently filed bills that lower mandatory minimum sentences for non-violent federal drug convictions. This will protect those who are facing such charges from being placed in pre-trial detention.
Arkansas House passes a bill to protect medical marijuana patients’ rights to carry concealed guns
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