These one-size-fits-all punishments allow prosecutors to strong-arm guilty pleas and severely punish anyone who chooses to go to trial. Jan. 13, 2022 WASHINGTON Thousands of federal inmates will become eligible for release this week under a rule the Justice Department published on Thursday Notably, the government does not defend the position of at least three circuit courts of appeals: that district judges are prohibited from considering certain new developments, such as intervening case law or updates to the Federal Sentencing Guidelines that may have affected a defendants sentence if they had been in place at the 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. 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. My name is Nicole Austin- Hillery and I am the Executive Director of the US Program at Human Rights Watch. Washington, DC 20500. Se habla Espaol. 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. It also subjects them to discrimination and stigma. With just 5% of the worlds population, the U.S. holds nearly a quarter of the worlds prisoners, including one-third of all women incarcerated worldwide. 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 3 . Webschedule II drug. Many states facing unsustainable prison growth have enacted sentencing reforms to expand alternatives to incarceration and shorten sentences for non-violent offenders, with good results. Addressing Untreated Addiction for Those At-Risk of an OverdoseAccording to the 2020 National Survey on Drug Use and Health, among the 41.1 million people who needed treatment for substance use disorders (SUD), only 2.7 million (6.5-percent) of them received treatment at a specialty treatment facility over the previous year. In addition, the U.S. Department of Justice generally has treated marijuana possession offenses as a low enforcement priority in recent years. USSC Report p. 1. This press release made available at FAMM provides this report on a new state bar report urging drug sentencing reforms in Massachusetts: Massachusetts must 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. After decades of tough on crime policies, there is growing recognition in the US that governments need to undertake meaningful criminal justice reform and that the war on drugs has failed. Today, President Biden sent his Administrations inaugural National Drug Control Strategy to Congress at a time when drug overdoses have taken a heartbreaking toll, claiming 106,854 lives in the most recent 12-month period. The U.S. [32] A fresh and evidence-based rethinking of the drug war paradigm that includes moving away from criminalization of simple drug possession is needed. At the same time, in the wake of the COVID-19 pandemic, the debate about what constitutes extraordinary and compelling reasons for compassionate release took center stage across the nation with differing results. [16] But, the criminal legal system is not the solution to this problem and has led to dramatically harmful consequences. [3] More than one of every seven arrests by state law enforcement is for simple drug possession. [15] United States Centers for Disease Control and Prevention, Overdose Deaths Accelerating During COVID-19,: Expanded Prevention Efforts Needed, CDC press release, December 17, 2020, https://www.cdc.gov/media/releases/2020/p1218-overdose-deaths-covid-19.html (accessed March 9, 2021). Second Offense: Not more than 30 yrs. WebManufacturing methamphetamine carries a federal sentence of up to 10 years imprisonment and a $250,000 fine for the first offense, and up to 20 years and a $500,000 fine for the second offense. 1600 Pennsylvania Ave NW For more on how the sentencing guidelines work in a particular case, read some of our earlier discussions of the USSG with examples of how the Sentencing Tables are used: The newly published USSC Report is the latest in a series of research reports compiled by the USSC. It builds upon an earlier report entitled Simple Possession Of Drugs in the Federal Criminal Justice System, published by the Commission on September 21, 2016. While USSC research reports are not the stuff of formal amendments to the USSG themselves, they are still very important. Include in any sentencing reform legislation provisions that ensure the new law will be applied retroactively to individuals who have already been sentenced. In addition, the Strategy directs federal agencies to expand efforts to prevent substance use among school-aged children and young adults, and support community-led coalitions implementing evidence-based prevention strategies across the country. Harsh sentencing guidelines. However, these steps are simply not enoughit is time to have a real, honest and critical discussion about the criminalization of drug use and what steps must be taken to rethink reform. The authors of the USSC Report acknowledge the changing tide in marijuana possession laws among the states and territories, with more and more jurisdictions not only permitting marijuana use for medicinal purposes but allowing personal recreational marijuana use in small amounts (decriminalization). document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); Your email address will not be published. Sentencing Commission. Reform of the federal criminal justice system is urgently needed to restore balance to a system in crisis. [4] United States Department of Justice, Federal Bureau of Investigation, Crime in the United States, 2019, September 28, 2020, https://www.fbi.gov/news/pressrel/press-releases/fbi-releases-2019-crime-statistics (accessed March 8, 2021). It also creates a process by which people with federal marijuana convictions can have their records for these convictions expunged, in some cases automatically, or can be resentenced. In this section, learn about the Commissions mission, structure, and ongoing work. I have worked as both a civil and human rights attorney and advocate on criminal justice issues for over a decade, including the interconnected issues of reform, drug policy and racial justice as they relate to the criminal justice system. About ten percent (10.2%) of these offenders (n=448) had no criminal history points other than those assigned for prior marijuana possession sentences. Use the Drug Conversion Calculator to convert the quantity of up to three controlled substances at the same time to its converted drug weight. Going After Drug Trafficking and Illicit Drug ProfitsLaw enforcement agencies at all levelsfederal, state, local, Tribal, and territorialwork to reduce domestic and international cultivated and synthetic drug production and trafficking with the goal of protecting Americans. The House just passed Sen. Cory Bookers EQUAL Act by a bipartisan vote, with the Biden administrations endorsement. 1775 0 obj <>stream [41] In practice, criminalizing drug use also violates the right to health of those who use drugs. It included military personnel, workers in certain positions that require security clearances, and those who wished to become medical technicians. The plan was flawed. 0 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. WebThe Sentencing Commission was created in 1987 to combat sentencing disparities across jurisdictions. I am honored to have this opportunity to address the committee regarding ways to effectively, and fairly, approach drug policy in the United States. [12] Yet, the model that has been used for far too long in the US does little to help people whose drug use has become problematic. [20] Human Rights Watch, Every 25 Seconds, p. 4. The ABA urges House and Senate members to cosponsor or support H.R. An additional 14.7 percent of the marijuana priors were assigned two points under 4A1.1(b), which applies to prior sentences of at least 60 days imprisonment, and 6.0 percent of the marijuana priors were assigned three points under 4A1.1(a), which applies to prior sentences of imprisonment exceeding one year and one month. Posted on February 27, 2023 by Human Rights Watch is a 501(C)(3)nonprofit registered in the US under EIN: 13-2875808. [31] It is actually more than just the burden of drug arrests. [31] Human Rights Watch, Decades of Disparity, p. 1. Sentencing Commission is an independent agency in the judicial branch that was created as part of the Sentencing Reform Act of 1984. This is a moment to recognize and address the harms that harsh, disparate policies that have focused more on punishment than supporting healthy individuals, families and communities have had on the people, particularly those who are Black and low-income. [6] Drug possession arrests remain significant contributors to mass incarceration in the United States. 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. [20] There has been a national effort to take on parts of the problemaddressing police abuse, long sentences, and reclassification of certain drugs. . [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. WASHINGTON, D.C. The United States Sentencing Commission today unanimously approved its policy priorities for the 2022-2023 amendment year ending May 1, 2023. [28] In Manhattan, for example, we found that Black people were eleven times as likely as white people to be arrested for simple drug possession. Get the world's top human rights news, straight to your inbox. As we now pivot to work on the final priorities set forth today, we look forward to a careful and detailed examination of these issues and our continued interaction with the public to ensure the federal sentencing guidelines properly reflect current law and promote uniformity in sentencing., The Commission will also address circuit conflicts, examine other key components of the guidelines relating to criminal history, and begin several multi-year projects, including an examination of diversion and alternatives-to-incarceration programs. [2] Then and now, police in the United States make far more arrests for simple drug possession than for any other crime. 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. Sentencing Commission. Lawmakers should ensure that criminal laws permit judges to impose proportionate sentences, that consider individualized circumstances and allow appropriate leniency. It also determined that petitioner was a career of-fender under the Sentencing Guidelines. In this section, you will find a comprehensive collection of research and data reports published on sentencing issues and other areas of federal crime. The SRCA bill narrows the scope of mandatory minimum prison sentences to focus on the most serious drug offenders and violent criminals, while broadening the authority of federal judges to sentence below set mandatory minimums for individuals with criminal histories that do not include serious drug or violent offenses. Next Post: Statement by NSC Spokesperson Adrienne Watson on National Security Advisor Jake Sullivans Meeting with President David Panuelo of the Federated States of Micronesia, Statement by NSC Spokesperson Adrienne Watson on National Security Advisor Jake Sullivans Meeting with President David Panuelo of the Federated States of, https://www.whitehouse.gov/briefing-room/statements-releases/2022/04/21/fact-sheet-white-house-releases-2022-national-drug-control-strategy-that-outlines-comprehensive-path-forward-to-address-addiction-and-the-overdose-epidemic/?utm_source=link, Office of the United States Trade Representative. This is due in significant degree to the proliferation of mandatory minimum sentences. 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. Elmira Man Pleads Guilty to Federal Drug Crime. 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. A locked padlock 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. (32)(A)). USSC Report, p. 1. Serious changes occurred by the adoption of newly defined federal drug crimes and totally new Human Rights Watch is not aware of any empirical evidence that low-level drug possession defendants would otherwise go on to commit violent crimes. Sentencing Commission provide judges recommended minimum and maximum terms for federal crimes. One of the most important factors controlling sentencing under Drug Abuse and Control Act are Federal Sentencing Guidelines. As of September 30, 2021, marijuana remains illegal in the State of Texas while more and more states are allowing its use within the state jurisdiction. See Map, USSC Report, p. 4. Comments are welcomed here and I will respond to you -- but please, no requests for personal legal advice here and nothing that's promoting your business or product. The criminal provisions of the [1] The numbers have only worsened in recent years. The Commission published tentative priorities and invited public comment in September, receiving more than 8,000 letters of public comment in response. Among its top priorities is implementation of two significant changes made by the First Step Act of 2018. For criminal defense lawyers who represent clients facing federal drug crime charges, the new USSC Report is a necessary read. The USSC Report focuses upon sentencing in cases for the offense of simple possession of marijuana. Essentially, it does two things: Here are its Key Findings as summarized by the USSC in its Summary: Federal Sentencings for Simple Possession of Marijuana, Impact of Prior Sentences for Simple Possession of Marijuana. 3713, the Sentencing Reform Act of 2015, introduced on October 8, 2015. (1) promulgate the guidelines, policy statements, or amendments provided for in this Act as soon as practicable, and in any event not later than 120 days after the 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. It is the burden of increased police presence and surveillance which equals not just more drug arrests but more arrests in total, in addition to the other non-quantifiable damage that comes from living under police scrutiny. Commissioners are nominated by the President and confirmed by the Senate. We investigate abuses, expose the facts related to those abuses and pressure those with power to respect rights and secure justice. Avoid delay in passing legislation making the sentencing reforms enacted in the First Step Act of 2018 retroactive. Share this via Printer. 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. However, drug producers continue to produce entirely new synthetic drugs, and drug traffickers continue to refine their methods and techniques for distributing them throughout our communities. Defendant was convicted of one count of conspiracy to distribute 50 grams or more of methamphetamine or 5 grams or more of actual, pure methamphetamine, two counts of distribution of heroin, and one count of distribution of heroin and methamphetamine. hbbd```b``"H\vD2KlY0 f"X,lBXXL.` D} RlZg b"m~.F6QPl`H7i!3` Possession Laws: Federal drug statutes outline mandatory drug sentences for the distribution, manufacturing, and possession with the intent to distribute for a variety of substances. WebFor these inmates, the CDCR Secretary and county correctional administrator must refer the inmates information to the sentencing court by March 1, 2022. Sentencing Commission shows judges rejected more than 80% of compassionate release requests filed from October 2019 through September 2022. 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. 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