New federal guidelines from the U.S. Sentencing Commission (USSC) are now operational, introducing a more lenient approach to prior marijuana possession convictions.
These guidelines, which took effect seven months after the USSC voted in favor of several amendments, acknowledge cannabis possession as a factor warranting discretion in sentencing, particularly concerning a defendant's criminal history.
See Also: DEA's 50-Year $1 Trillion Drug War: Why Were There 250K Marijuana Arrests In 2022?
Historically, federal judges were directed to consider previous convictions as potential aggravating elements in sentencing. However, with the increasing number of states legalizing marijuana, updated guidelines aim to prevent a person's history of cannabis-related offenses from automatically leading to a higher criminal history score and subsequently harsher sentences, reported Marijuana Moment.
Importantly, these guidelines do not erase marijuana convictions from an individual's criminal history. Instead, they suggest that sentences linked to cannabis possession may warrant a "downward departure." This means that judges are encouraged to consider mitigating circumstances when sentencing individuals with past marijuana convictions.
See Also: Marijuana Sentencing Reform Guidelines Get DOJ Support
Furthermore, the amendment codifies the idea that simple cannabis possession, without any intent to sell or distribute it, deserves the application of sentencing discretion.
Read the full story here at Marijuana Moment.
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