Legislators Advocate Commutation of Federal Marijuana Prisoners
The coalition of Democratic Members of the U.S. House of Representatives, and Senate have formally asked President Donald Trump for a commutation of sentences of those currently in federal prisons serving jail time due to marijuana related offenses. The initiative comes after the directive from the Trump administration to reschedule marijuana under the Controlled Substances Act. As previously reported by Hemp Gazette this move has major implications on federal drug policy. They argue that although rescheduling cannabis addresses its scientific classification, it doesn’t provide relief to those who are already in prison.
This letter was sent by Steve Cohen (D) (TN), Cory Booker, (D), (NJ), Steven Horsford and (NV), on Friday. It highlighted the fact that marijuana’s inclusion in the CSA led to millions of incarcerations across decades. In the communication addressed to Alice Marie Johnson and President Trump, it is stated that President Trump has “a unique opportunity to exercise your constitutional authority to issue a categorical pardon to address this ongoing injustice.”
Justifications of Commutation based on Legal and Systemic Arguments
This letter from the lawmakers outlines a number of reasons why federal cannabis inmates should have their sentences commuted.
- Disproportionate Sentencing: Cannabis offenses are often punishable by lengthy sentences. U.S. Sentencing Commission figures indicate approximately 3,000 federally-incarcerated individuals for marijuana trafficking offences, many of whom are serving minimum mandatory sentences that last five years and longer.
- Racial Disparity Enforcement of the cannabis laws is conducted in an unequal manner based on race, contributing to systemic inequality.
- Bureau of Prisons (BOP), Capacity: Release of these prisoners would help the BOP manage capacity problems, such as overcrowding or understaffing. In the letter it is suggested that by commuting their sentences, BOP could reallocate its resources and address issues such as overly harsh punishments.
- Re-entry Support: A coalition of groups also asked for support services after “unjust marijuana sentences”, to help people reintegrate into the society successfully.
As reported by, the letter was signed by 26 House and Senate members including Senators Elizabeth Warren(D-MA), Jeff Merkley(D-OR), Bernie SandersI-VT), Ron WydenD-OR), Ed MarkeyDMA. Marijuana Moment.
Broader Legislative Context
The push to commutate sentences comes amid other developments in cannabis legislation at the U.S. Congress.
- Safety-Sensitive Workers: Separately, Republican legislators collaborated with anti-marijuana organizations to lobby for “carve outs” that would ensure continued drug testing for workers who are safety sensitive and penalize cannabis users.
- Veterans’ Access: House of Representatives has recently approved a bipartisan amendement that will allow veterans of the Department of Veterans Affairs to be recommended medical cannabis by their doctors.
- DOJ Rescheduling State Protections and DOJ: House Appropriations Committee has approved a bill that contains provisions to prevent the Department of Justice taking any further action to reschedule marijuana, and to continue to protect state medical cannabis laws from federal interference. The report that is attached to the legislation directs federal officials also to enforce enforcement against cannabinoid product unregulated products they deem to be a threat to consumer safety.
- Industrial Hemp: A Farm Bill was also approved by the full House, which included provisions to help industrial hemp growers. However, there were no changes to defer or change federal legislation that will criminalize hemp-derived THC products later in this year.
The legislative action taken by the federal government reveals the complexity and evolution of the federal cannabis policies. Federal cannabis prisons remain a major issue as the rescheduling process continues.
Disclaimer: This article contains only general information and is not intended to be a medical recommendation. Hemp Gazette makes no medical diagnoses, recommendations or treatment plans. Consult a healthcare professional before you make any decision regarding your health. Therapeutic Goods Administration of Australia has not evaluated statements about the therapeutic benefits of cannabinoid products, hemp or cannabis. TGA regulations allow Australians to access medical cannabis through prescription.