The federal U.S. Sentencing Commission (USSC) has approved a revised amendment to sentencing guidelines, advising judges to adopt a more lenient approach towards prior marijuana possession offenses.
Members of the commission voted to approve a range of amendments to the current guidelines, incorporating a multi-part revision of criminal history.
This revised version now encompasses cannabis possession as a compelling illustration of an offense that typically necessitates contemplation for sentencing discretion.
As it currently stands, federal judges are instructed to consider previous convictions, which include cannabis offenses at the state level, as aggravating factors when determining sentencing for new cases.
But as legalization of marijuana expands to more states, advocates have been advocating for revised guidelines to prevent an individual’s marijuana-related record from contributing criminal history points that could result in harsher sentencing.
The proposal does not aim to completely eliminate marijuana convictions as a factor in criminal history. However, it suggests modifying the commentary within the guidelines to consider instances where a downward departure from the defendant’s criminal history may be appropriate, specifically mentioning sentences resulting from possession of marijuana offenses.
“While marihuana remains a Schedule I controlled substance under the federal Controlled Substances Act (CSA), subjecting offenders to up to one year in prison (and up to two or three years in prison for repeat offenders), many states and territories have reduced or eliminated the penalties for possessing small quantities of marihuana for personal use,” it notes.
The term ‘downward departure’ refers to situations where federal judges exercise their discretion to impose sentences that are below the recommended minimum under current guidelines.
It is crucial to recognize and explicitly acknowledge that mere possession of cannabis, without any intent to sell or distribute it to others, presents a compelling case that warrants leniency in sentencing.
By doing so, we uphold the principle of fairness and ensure that appropriate discretion is exercised in such circumstances.
USSC’s report in January exposed a disturbing reality: countless individuals faced harsher federal prison sentences as a consequence of their prior convictions on cannabis possession charges in states that have since enacted reforms to marijuana laws.
The revised guidance is on track to be presented to Congress by May 1 2023, and once accepted without opposition from lawmakers, the amendment will officially take effect on November 1.
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