US Sentencing Committee Agrees Judges Should Handle Past Cannabis Convictions Leniently; Bipartisan Duo Files Important Bills

The U.S. Sentencing Commission (USSC) voted Wednesday in favor of changes to sentencing guidelines and suggested judges should handle prior cannabis possession offenses leniently, reported Marijuana Moment.

During the public meeting, members of the USSC approved several amendments to the current guidelines. Among the changes was a proposal that marijuana possession should not be used to make an individual's sentence harsher or longer.

This doesn’t mean that cannabis convictions are no longer taken into account, but rather should “include sentences resulting from possession of marihuana offenses as an example of when a downward departure from the defendant’s criminal history may be warranted. Specifically, Part C of the proposed amendment would provide that a downward departure may be warranted if the defendant received criminal history points from a sentence for possession of marihuana for personal use, without an intent to sell or distribute it to another person.” 

This means that simple cannabis possession without intent to sell or distribute could make a case for judicial sentencing discretion. 

The next stop for the USSC's amendment guidance is Congress. 

Bipartisan Senators Present Two Bills 

Meanwhile, Senate Majority Whip Dick Durbin (D) and Senator Mike Lee (R) introduced bills to lower mandatory minimum sentencing for individuals with non-violent federal drug convictions, writes the outlet. 

The first, the “Smarter Sentencing Act” would amend the Controlled Substance Act in a way that will lower mandatory minimum sentencing for federal drug offenses. Lower sentences would not apply to violent offenders. 

“Outdated policies stemming from the failed War on Drugs continue to impose lengthy, one-size-fits-all sentences for many nonviolent drug offenses,” Durbin stated. “It’s costly, overcrowds our prisons, and strains budgets at the expense of other important law enforcement and crime prevention programs. Our bipartisan Smarter Sentencing Act will modernize these misguided and expensive sentencing laws and allow many nonviolent drug offenders to return to their communities more quickly, without threatening public safety. I thank my colleague Senator Lee for his longtime partnership in this effort.” 

The bill is co-sponsored by Senators Sheldon Whitehouse (D), Richard Blumenthal (D), Cory Booker (D), Elizabeth Warren (D), Bernie Sanders (I), Angus King (I), Tim Kaine (D), Roger Wicker (R) and Ed Markey (D).

The second bill, recently filed by Durbin, Lee, Wicker and Sen. Chris Coons (D), is called the “Smarter Pretrial Detention for Drug Charges Act.” This measure proposes allowing federal judges to decide if individuals with nonviolent drug offenses require pretrial detention or not. 

Photo: Benzinga edit with images by WikimediaImages and ganjaspliffstoreuk on Pixabay