Two bipartisan bills have been filed by top U.S. senators to lower mandatory minimum sentences to people with nonviolent federal drug convictions, and to protect those facing such charges against being placed in pre-trial detention.
Senator Majority Whip Dick Durbin (D–IL), who chairs Judiciary Committee filed both pieces with Sen. Mike Lee, R-UT.
They introduced one measure, the “Smarter Sentencing Act”, which would amend Controlled Substances Act to reduce mandatory minimum sentences in federal drug offenses. This includes manufacturing or distributing certain amounts illicit drugs.
The minimum mandatory 15-, 10-, and 5-year sentences for covered offenses will be reduced to 10, 5, and 2 years, respectively. Violent offenders will not be eligible and only “couriers”, i.e. The sentence would be lower for importation-related offenses if the role of the victim was restricted to storage or transport.
Further, the bill requires that the U.S. The legislation also requires the U.S. Sentencencing Commission (USSC), to amend its guidance for federal judges in accordance with the legislation.
The attorney general must submit to Congress a report within six months of the enactment of the law on the effects of sentencing changes in terms cost-savings or incarceration rates. These reports should also address how these differences can be addressed prison overcrowding, crime prevention, and recidivism reduction programs.
Durbin stated in a press release that “outdated policies stemming out the failed War on Drugs continue impose long, one-size fits all sentences for many nonviolent drugs offenses.” It’s expensive, overcrowds prisons and strains budgets at great cost to other important law enforcement programs and crime prevention programs.
NEW: @SenatorDurbin and @SenMikeLee introduce bipartisan bill that lowers mandatory sentences for certain drug offenses.
The Judiciary Senators’ Smarter Sentencing Act modernizes Federal Drug Sentencencing Policies resulting from the failed War on Drugs.
— Senate Judiciary Committee March 30, 2023
He stated that the bipartisan Smarter Sentencing Act would modernize misguided sentencing laws, allowing many nonviolent drug offenders return to their communities faster and without threatening public safety.
Sens. are co-sponsoring legislation. Sens. Sheldon Whitehouse, Richard Blumenthal (D–CT), Cory Booker(D-NJ), Elizabeth Warren (3D-MA), Bernie Sanders (3D-VT), Angus King (3D-ME), Tim Kaine (3D-VA), Roger Wicker (4R-MS), and Ed Markey (3D-MA) cosponsored the legislation.
Along with Wicker (D-DE), Durbin and Lee also filed a separate bill called the “Smarter Pretrial Detention For Drug Charges Act.” This two-page measure would allow federal judges to grant discretionary authority to release drug-related cases pending trial.
Senators stated that research shows that automatic detention policies are ineffective, costly and racially discriminatory.
It is not possible to determine if a defendant should remain in detention before they are tried. This is against the due process guarantee of our justice system.
This bill repeals an erroneous rule that was derived from the failed War on Drugs. Automatic detention is unacceptable, we must state. https://t.co/GzGaEWFiGD
— Senator Dick Durbin (@SenatorDurbin March 29, 2023
“America’s presumption that innocent is a foundational part of our justice system” Durbin stated in a press release that detaining drug offenders who are not violent is a violation of the presumption of innocence. “Our bipartisan bill would strengthen defendants’ due processes rights while still protecting public safety,” Durbin stated.
“A one-size fits all determination is inexcusable, costly, and against our Constitutional guarantee for due process of law.”
Coons stated that a judge should make detention decisions based upon the facts of each case and not on presumptions.
He said that the bipartisan, commonsense bill would protect public safety and address rising pretrial detentions rates, which are wasting resources, perpetuating injustices, as well as bring us closer to fulfilling our nation’s promise of equal justice.
Senators slammed the pre-trial detention presumption that alleged drug offenders are subject to. It is a “relic of an outdated and failed approach” that sets the same standard for nonviolent drug offenses, as terroristic hijacking and other serious violent crimes.
The average cost of pre-trial supervision is $11, compared to pre-trial detention at $92. The cost of these detentions can quickly mount up, given that drug offenses account for the majority of federal charges.
The American Bar Association, American Civil Liberties Union, Americans for Prosperity and Association of Prosecuting Attorneys are all supporters of the legislation.
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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’s USSC annual report showed that federal marijuana-trafficking cases declined in 2022. Trafficking cases involving methamphetamine, powder cocaine, and fentanyl increased between 2021 and 2022.
Separately, the commission proposed amending its guidelines to federal judges to make prior marijuana possession offenses less severe in sentencing decisions. The Justice department supported the change during a USSC public hearing earlier this month.
Advocates of legalization have long maintained that adult access to regulated marijuana markets would reduce demand for illegal products. This would result in fewer arrests.
Federal data from Customs and Border Protection (CBP), released in January, shows that cannabis seizures fell by a record in Fiscal Year 2022. This continues 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.
The FBI’s Uniform Crime Reporting program also shows a decrease in cannabis “arrests” made at both the state and local level, as more states pass reform. However, experts have raised concerns about the quality and reliability of FBI’s data. This is due to alleged confusion between law enforcement agencies regarding reporting requirements.
According to another report, the Congressional Research Service stated that legalization of cannabis has resulted in a decrease in the demand for illegal marijuana from Mexico .
In its FY 2023 performance budget summary, the Drug Enforcement Administration (DEA), acknowledged that more marijuana is being grown in the U.S. and it’s undermining illegal cannabis trafficking at the southern border.
The Cato Institute released a 2018 study that found “state-level marijuana legalization has significantly reduced marijuana smuggling.”
According to a report by Chief Justice John Roberts, the Federal prosecution of drug-related offenses increased in 2019, but cases involving cannabis fell by more than 25%. This was according to an end-of-2018 report.
Schumer to Speak at 4/20 Marijuana Policy forum Inside The U.S Capitol Together With Other Lawmakers
Bipartisan Senators Filled Bills To Lower Mandatory Minimums for Federal Drug Crimes and Limit Pre-Trial Debt appeared first at Marijuana Minute.
