We'll be in touch with the latest information on how President Biden and his administration are working for the American people, as well as ways you can get involved and help our country build back better. See 21 U. S. C. 812; 21 CFR 1308.12 (2006). Another recent publication worthy of study by federal criminal defense lawyers is the new January 2023 report of the United States Sentencing Commission (USSC), written by Vera M. Kachnowski, J.D., Christine Kitchens, M.A., and Cassandra Syckes, M.A., and entitled Weighing the Impact of Simple Possession of Marijuana: Trends and Sentencing in the Federal System (USSC Report). Use the Drug Conversion Calculator to convert the quantity of up to three controlled substances at the same time to its converted drug weight. The White House Lastly, the USSC Report considers how these points impacted the offenders criminal history category in the calculation of the sentence to be imposed under the USSG. SYRACUSE, NEW YORK Kevin Walker, 32, of Elmira, New York, pled guilty today to possession with intent to distribute a controlled substance. The Senate Judiciary Committee held a hearing on S. 2123 October 19. The cost to those incarcerated, their families and communities, is devastating. This, of course, flies in the face of the continued classification of marijuana as a Schedule I controlled substance under the federal Controlled Substances Act (CSA) (21 USC 802. It also determined that petitioner was a career of-fender under the Sentencing Guidelines. document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); Your email address will not be published. In this section, learn about the Commissions mission, structure, and ongoing work. One of the most important factors controlling sentencing under Drug Abuse and Control Act are Federal Sentencing Guidelines. Walker further admitted that he also possessed 137 grams of cocaine in the vehicle. [23] Human Rights Watch, Decades of Disparity: Drug Arrests and Race in the United States (New York: Human Rights Watch, 2009), https://www.hrw.org/report/2009/03/02/decades-disparity/drug-arrests-and-race-united-states, pp. In addition, the First Step Act made changes to the safety valve, which relieves certain drug trafficking offenders from statutory mandatory minimum penalties. The Presidents National Drug Control Strategy is the first-ever to champion harm reduction to meet people where they are and engage them in care and services. An error occurred while subscribing your email address. The new sentencing commission chair, Carlton Reeves, said during a public hearing in October that setting new guidelines for compassionate release is a top priority. [31] It is actually more than just the burden of drug arrests. In this section, you will find a comprehensive collection of research and data reports published on sentencing issues and other areas of federal crime. hbbd```b``"H\vD2KlY0 f"X,lBXXL.` D} RlZg b"m~.F6QPl`H7i!3` [10] There are injustices and corresponding harms at every stage of the criminal process, harms that are all the more apparent when, as often happens, police, prosecutors, or judges respond to drug use as aggressively as the law allows. On behalf of Human Rights Watch, I wish to thank Chairman Nadler, Subcommittee Chair, Sheila Jackson Lee, Ranking Chair, Andy Biggs, Subcommittee Vice-Chair, Cori Bush and all members of the US House Committee on the Judiciarys Subcommittee on Crime, Terrorism and Homeland Security, for the opportunity and privilege to submit this statement for its hearing to address Controlled Substances: Federal Policies and Enforcement. As part of his guilty plea, Walker admitted that on February 12, 2022, he drove a rental vehicle from his residence in Elmira to Cortland, New York. Although the guidelines are not binding on judges, federal judges still impose guideline-range sentences almost 50% of the time. Tennessees legislature is expected to consider major changes to the states criminal sentencing guidelines in the new session. [46] Criminalizing drugs is not an effective public safety policy. The criminalization of drug possession for personal use is also inherently problematic because it represents a restriction on individual rights that is neither necessary nor proportionate to the goals it seeks to accomplish. Include in any sentencing reform legislation provisions that ensure the new law will be applied retroactively to individuals who have already been sentenced. [47], Criminalization is also a counterproductive public health strategy. [16] But, the criminal legal system is not the solution to this problem and has led to dramatically harmful consequences. [19] The American criminal justice system holds almost 2.3 million people in 1,833 state prisons, 110 federal prisons, 1,772 juvenile correctional facilities, 3,134 local jails, 218 immigration detention facilities, and 80 Indian Country jails as well as in military prisons, civil commitment centers, state psychiatric hospitals, and prisons in U.S. territories. Prison Policy Initiative, Mass Incarceration: The Whole Pie 2020, March 24, 2020, https://www.prisonpolicy.org/reports/pie2020.html (accessed March 9, 2021), p. 1. The legal distinction between marijuana and fentanyl, for instance, can be difficult for any federal criminal defense lawyer to explain to their client and the clients loved ones. Even more so with the current law enforcement focus upon fentanyl arrests and prosecutions at both the state and federal level. See, e.g., Fentanyl Charges Under Federal Law: Felonies And Range Of Sentencing and Texas Governors Designation of Mexican Cartels As Terrorist Organizations: Criminal Defense Perspective. [6] Drug possession arrests remain significant contributors to mass incarceration in the United States. The Commission collects, analyzes, and disseminates a broad array of information on federal crime and sentencing practices. 759, the Recidivism Reduction Act, a bill that closely parallels Title 2 of S. 2123, the Senate SRCA legislation, providing for expanded in-prison programming and early supervised release of prisoners into the community. Although the primer identifies some of the key cases and concepts, it is not a comprehensive compilation of authority nor intended to be a substitute for independent research and analysis of primary sources. [52] Fortunately, there are alternatives to criminalization. Insofar as individual federal representations, the USSC Report may be helpful in negotiations with the AUSA when the case involves a prior simple marijuana possession charge. The USSC Report successfully identifies the unfairness of the current system where a cannabis possession conviction can mean a significantly enhanced sentence because of a higher criminal history calculation in the USSG. The Commission serves as an information resource for Congress, the executive branch, the courts, criminal justice practitioners, the academic community, and the public. Nonetheless, other states across the country criminalize drug possession and enforce those laws with high numbers of arrestsas of 2019, more than 86 percent of drug arrests were for simple possession. The Human Toll of Criminalizing Drug Use in the United States, Marijuana Arrestees Do Not Become Violent Felons, Human Rights Watch defends the rights of people in close to 100 countries worldwide, spotlighting abuses and bringing perpetrators to justice. 10-13. Share sensitive information only on official, secure websites. The MORE Act removes marijuana from the Controlled Substances Act and begins to repair the harm marijuana prohibition has caused to millions of people, particularly people of color, by establishing a fund for social equity programs to reinvest in affected communities. [72] The Justice Roundtable, Transformative Justice, p. 45. 3713 by voice vote on November 18, 2015. Finally, it emphasizes the need to develop stronger data collection and analysis systems to better deploy public health interventions. Second Offense: Not more than 30 yrs. Your email address will not be published. Nearly 70% of the nation's federal drug trafficking defendants will have their sentences reduced by an average of 11 months, thanks to recent amendments to U.S. federal sentencing laws for drug crimes by the U.S. SYRACUSE, NEW YORK Kevin Walker, 32, of Elmira, New York, pled guilty today to possession with intent to [38] In addition, they bear the stigma associated with the labels of drug offender the state has stamped on them, subjecting them to private discrimination in their daily interactions with landlords, employers, and peers. S. 2123, the Sentencing Reform and Corrections Act of 2015 (SRCA), is also sponsored by Senators John Cornyn (R-TX), Sheldon Whitehouse (D-RI), Mike Lee (R-UT), Charles Schumer (D-NY), Lindsey Graham (R-SC), Patrick Leahy (D-Vt.), Cory Booker (D-N.J.) and Tim Scott (R-SC). 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 see e.g., 27 Share this via Printer. Spurred in part by the Senate, House Judiciary Chair Bob Goodlatte (R-VA) and Ranking Member John Conyers, Jr. (D-MI) reached agreement on a bipartisan House counterpart bill, H.R. %%EOF These one-size-fits-all punishments allow prosecutors to strong-arm guilty pleas and severely punish anyone who chooses to go to trial. The Commission is appreciative of the feedback it has received from all corners of the federal sentencing community, stated Reeves. [48] Rates of drug use across drug types in the US have not decreased over the past decades, despite widespread criminalization. [21] Each of these steps is critical and I will address some of them further herein. The plan was flawed. Webthese crimes, New Jersey would take a significant step towards addressing the lack of proportionality in the States sentencing laws and help undo a system of mass incarceration 8 2019 Commission Report, at 1-2. WebThe bill also makes retroactive the Fair Sentencing Act and certain statutory reforms that address inequities in drug sentences, a provision that would make an estimated 6,500 federal prisoners sentenced prior to the change in Marijuana appears alongside drugs like heroin, LSD, methaqualone, and ecstasy as a Schedule I Controlled Substance in the CSA. These are defined in the law as having no currently accepted medical use in the United States, a lack of accepted safety for use under medical supervision, and a high potential for abuse., By comparison, oxycodone and fentanyl are both categorized as lesser Schedule II controlled substances, defined as having a high potential for abuse which may lead to severe psychological or physical dependence.. The Second Look Act would allow any individual who has served at least 10 years in federal prison to petition a court to take a second look at their sentence before a judge and determine whether they are eligible for a sentence reduction or release. Sentencing Commission shows judges rejected more than 80% of compassionate release requests filed from October 2019 through September 2022. Meanwhile, since 2014 there have been less and less federal AUSAs pursuing federal marijuana possession charges despite the literal language of the CSA. From the Report: Across all judicial districts, the overall number of marijuana possession sentencings followed the same pattern, declining from a high of 2,172 in fiscal year 2014 to a low of 145 in fiscal year 2021. [35] Human Rights Watch, Every 25 Seconds, p. 2. In Part One, the USSC Report evaluates trends in these types of sentences since 2014. [35] Criminalizing simple drug possession has caused dramatic and unnecessary harms around the country, both for individuals and for communities that are subject to discriminatory enforcement. Each year, the Commission reviews and refines these policies in light of congressional action, decisions from courts of appeals, sentencing-related research, and input from the criminal justice community. Sentencing Commission. WebOther Schedule I & II drugs (and any drug product containing Gamma Hydroxybutyric Acid) Any amount . A locked padlock Over the last 30 years the United States has come to rely on its criminal justice system and lengthy prison terms more than any other nation. Over-reliance on prison is fiscally unsustainable and has imposed a burdensome human toll and a disparate impact on African-American and Latino persons and communities. The Commission looks forward to hearing more from experts and researching more fully the benefits of these programs.. Nearly one in five people in state prisons and jails are there for drug offenses.[19]. 9 Once an inmate reached the new date of parole eligibility, the inmate would proceed through the normal New York Penal Law Sections 221.05 - 221.30 (possession of marijuana) Penalties and Sentences. Lastly, the National Drug Control Strategy includes three companion documents that direct Federal agencies to take actions that stop the trafficking of drugs across our Caribbean, Northern, and Southwest Borders. If death or serious injury, not less than 20 or more than life. Lock The House just passed Sen. Cory Bookers EQUAL Act by a bipartisan vote, with the Biden administrations endorsement. Human Rights Watch is an international organization with staff in more than 40 countries which works to defend the rights of people worldwide. The USSC HelpLine assists practitioners in applying the guidelines. [56] Human Rights Watch, Every 25 Seconds, p. 13. Sentencing Commissions Voluntary Sentencing Guidelines, which often call for extremely harsh periods of incarceration. Web2022 Sentencing Guidelines and Commentary The 2022 Sentencing Guidelines* are effective August 1, and determine the presumptive sentence for felony offenses committed on or after the effective date. Please enable JavaScript to use this feature. Strong sentencing reform is the key to addressing federal over-incarceration, like that proposed in the Senate Sentencing Reform and Corrections Act (S. 2123) and the House Sentencing Reform Act (H.R. It directs federal agencies to expand scientific understanding of the recovery process by establishing a federal recovery research agenda; adopt flexible, responsive approaches that help people with SUD find and follow a pathway to recovery or remission that works for them; and eliminate barriers and increase economic opportunities for people in recovery. The Commission serves as an information resource for Congress, the executive branch, the courts, criminal justice practitioners, the academic community, and the public. Fine $1 million if an individual, $5 million if not an individual. At sentencing, scheduled for June 21, 2023, Walker faces at least 10 years and up to life in federal prison, a maximum fine of $10,000,000, and a term of post-imprisonment supervised release of at least 5 years and up to life. On appeal, he challenged the district courts denial of his motion for a [61] Tom LoBianco, Report: Aide says Nixons war on drugs targeted blacks, hippies, CNN, March 24, 2016, https://www.cnn.com/2016/03/23/politics/john-ehrlichman-richard-nixon-drug-war-blacks-hippie/index.html (accessed March 9, 2021). Current guidelines require that judges impose on such a defendant a sentence under "Level 32" guidelines, requiring a 121 to 151 month incarceration. The Commission intends to issue amendments to section 5C1.2 to recognize the revised statutory criteria and consider changes to the 2-level reduction in the drug trafficking guideline currently tied to the statutory safety valve. . For several years, the USSC has not been fully functional because it lacked the quorum necessary to act. Six months ago, that changed. All seven Biden appointees to the USSC were confirmed by the Senate. Read, At long last, we have a fully loaded USSC: Senate confirms all seven of Prez Bidens nominees to Sentencing Commission, published by Sentencing Law and Policy on August 4, 2022. [6] Human Rights Watch, Every 25 Seconds, p. 2. From a criminal defense viewpoint, the USSC Report appears to be the necessary cornerstone for the USSC to amend its USSG for marijuana possession charges in the future. How much the new USSC Report can sway lawmakers to amend the current Controlled Substances schedule of the CSA, removing marijuana from its current Schedule I classification, has yet to be seen. [36], A drug conviction also keeps many people from getting a job, renting a home, and accessing benefits and other programs they may need to support themselves and their families. For 40.1 percent (n=1,765) of these offenders, the points assigned to their prior marijuana possession sentences resulted in a higher criminal history category, which in turn resulted in a higher sentencing guideline range. [31] Human Rights Watch, Decades of Disparity, p. 1. Although the amount cannot be quantified, the enormous resources spent to identify, arrest, prosecute, sentence, incarcerate, and supervise people whose only offense has been possession of drugs is hardly money well spent, and it has caused far more harm than good. But those changes could take two drastically different directions. [1] Human Rights Watch and the American Civil Liberties Union, Every 25 Seconds: The Human Toll of Criminalizing Drug Use in the United States (New York: Human Rights Watch, 2016), https://www.hrw.org/report/2016/10/12/every-25-seconds/human-toll-criminalizing-drug-use-united-states 2016, p. 2. [44] Last year, Oregon took an important step, with a majority of voters approving a ballot initiative that shifts the state away from criminalization and toward a health-centered approach to drug use, investing in voluntary treatment, services, and support for people who are struggling with problematic drug use. If convicted he faces between 5 and 40 years in prison, a fine of up to $5,000,000 and a supervised release term of at least 4 years and up to life. [20] There has been a national effort to take on parts of the problemaddressing police abuse, long sentences, and reclassification of certain drugs. [32] A fresh and evidence-based rethinking of the drug war paradigm that includes moving away from criminalization of simple drug possession is needed. [33] Any solutions should also include a focus on communities and the needs identified by community members themselves and not simply those identified by politicians and outside stakeholders. The Commission will also study case law relating to guidelines commentary and continue its examination of the overall structure of the advisory guideline system post-U.S. v. Booker. WebThe growth of mandatory minimum sentencing laws. Sentencing Commission is an independent agency in the judicial branch that was created as part of the Sentencing Reform Act of 1984. For example, some states still have legal barriers that limit access to naloxone, and even in states where those barriers dont exist, naloxone does not always make it to those most at-risk of an overdose. The United States Sentencing Commission today unanimously approved its policy priorities for the 2022-2023 amendment year ending May [27] Drug Policy Alliance, 2020 Annual Report, February 17, 2021, https://drugpolicy.org/resource/drug-policy-alliance-annual-report (accessed March 9, 2021), p. 11. For more information, check out ourweb resources,readMichael Lowes Case Results,and read his in-depth article,Federal Sentencing Guidelines on Federal Child Pornography cases.. It calculates how many of the total federal sentences in fiscal year 2021 included criminal history points under USSG Manual Chapter Four for prior marijuana possession sentences. From a criminal defense standpoint, in federal matters it is extremely important not only to research statutes and court case precedent but to monitor federal agency actions and positions especially within the Department of Justice (DOJ) or the Judicial Branch. Things change with the times, and with administrations. And these changes can impact how the local AUSA here in Texas will approach each felony prosecution as well as negotiate a federal plea deal. Gov. In this section, you can follow the Commissions work through the amendment cycle as priorities are set, research is performed, testimony is heard, and amendments are adopted. [25] Data has consistently shown that Black and white adults use illicit drugs and marijuana at similar rates. 1670 0 obj <> endobj These positions were referred to as Testing Designated Positions (TDPs). Brandon Vanorman, 45, of Spencer, New York, is charged in a criminal complaint with Possession with Intent to Distribute Methamphetamine and Cocaine. The criminal provisions of the comprehensive Drug Abuse and Control Act did not just change existing law. These limitations amount to individuals taking on the moniker of second class citizens., Laws criminalizing the possession of drugs for personal use are inconsistent with respect for human autonomy, which is at the heart of the right to privacy, and contravene the human rights principle of proportionality in punishment. The new law is an effort to protect consumers from misleading advertising and to support local farmers. [58], Almost 30 years of harsh sentencing laws have left the US with over 2.2 million people behind bars. This procedural option is not yet accounted for in the guidelines, leading most appellate courts to hold that the Commissions policy statement governing compassionate release does not apply to motions filed by defendants. [2] Then and now, police in the United States make far more arrests for simple drug possession than for any other crime. [29] The sheer magnitude of drug possession arrests means that they are a defining feature of the way certain communities experience and interact with police in the United States.[30]. It was an abject failure of a policy that violated human rights at its onset. This report updates an earlier 2016 research study conducted by the USSC, and focuses upon federal sentencing in cases involving simple possession of marijuana in violation of federal law. Massachusetts partially reforms its mandatory drug sentencing laws As detailed in this press release from Families Against Mandatory Minimums, over the Public Access to Commission Data and Documents, The Commission promulgates guidelines that judges consult when sentencing federal offenders. Sentencing Guidelines, and other factors. 3713), to reduce the length of mandatory minimums for nonviolent drug offenders, modify the federal safety valve to provide sentencing judges with discretion to sentence below mandatory minimum floors in qualified cases, and give retroactive effect to the 2010 Fair Sentencing Act. WebAnother influential change is reform to sentencing guidelines by the United States Sentencing Commission. This is due in significant degree to the proliferation of mandatory minimum sentences. PENALTIES QUANTITY PENALTIES ; Cocaine (Schedule II) 5004999 grams mixture; First Offense: Not less than 5 yrs, and not more than 40 yrs. The President also asked for expedited review of marijuanas scheduling under the CSA. The USSC were confirmed by the Senate Judiciary Committee held a hearing on S. 2123 October.. 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