After a Trump-facilitated diplomatic agreement, an American was released from prison in Russia after being imprisoned for possession of marijuana that he legally obtained while a Pennsylvania patient.
About two months after the State Department under former President Joe Biden finally designated Marc Fogel as a “wrongfully detained” individual—who was serving a 14-year sentence after being convicted of “drug smuggling” over possession of a half-ounce of cannabis—he’s now been released and is expected to arrive home Tuesday evening.
Mike Waltz, White House’s National Security Advisor, said that President Donald J. Trump has announced today, with his Special Representative Steve Witkoff departing Russian airspace, Marc Fogel will leave the country along with an American, who had been detained in Russia.
He said: “President Trump and Steve Witkoff, along with the advisors to the president, negotiated a deal that served as both a good-faith gesture from Russia and an indication we were moving in the direction of ending the horrific and brutal war in Ukraine.”
🚨BREAKING NEWS🚨
Statement from National Security Advisor, Mike Waltz…
“Today, President Donald J. Trump and his Special Envoy Steve Witkoff are able to announce that Mr. Witkoff is leaving Russian airspace with Marc Fogel, an American who was detained by Russia…” pic.twitter.com/m4icseiNNc
— Dan Scavino (@Scavino47) February 11, 2025
Terms of the swap weren’t made immediately clear. Fogel was released after years of lobbying by his family and lawmakers from both parties.
Fogel’s cannabis, which was discovered at a Russian Airport by Russian authorities, was legally obtained in Pennsylvania. Fogel had been a registered patient of medical cannabis in Pennsylvania and was using it to alleviate pain as an alternative opioid.
Before Fogel was designated as being wrongfully imprisoned, the Biden Administration received a number of letters requesting a change in diplomatic status. One of these, a July letter from over a dozen Congressmen, emphasized the need for Fogel to have access to marijuana to “subdue his suffering.”
Following an historic, multinational prisoner swap last summer, where several Americans were released, the bicameral legislators sent a letter to then-Secretary of State Antony Blinken, expressing their “gravest of concerns” about the continued imprisonment of Fogel.
The lawmakers also noted that Fogel’s situation is comparable to that of WNBA player Brittney Griner, who also served time in a Russian prison over possession of cannabis oil that she also lawfully obtained as a medical marijuana patient in Arizona before being released as part of an earlier prisoner swap that the Biden administration negotiated.
See how lawmakers from both parties have reacted to Fogel’s release.
We have received an answer to our prayers.
Marc Fogel is now free thanks to the leadership of President Donald J. Trump!
Marc spent 1 255 days in a Russian prison colony during the Biden Administration.
Marc has been freed by the President of Trump after just 22 days. pic.twitter.com/JJQZ1K6X9Y
— Guy Reschenthaler (@GReschenthaler) February 11, 2025
Marc Fogel, his family, and President Trump all have a lot to celebrate. Marc will be returning home soon to the United States, which is a relief. https://t.co/wjOsncoVki
— Steve Daines (@SteveDaines) February 11, 2025
Marc Fogel’s return home is long overdue—and I know all of Pennsylvania, especially his family, will be welcoming him back with open arms.
Thank you for your help @POTUS You can also find out more about the following: @SteveWitkoff For their efforts to finally bring Marc home. https://t.co/HPwJPKWP5M
— U.S. Senator John Fetterman (@SenFettermanPA) February 11, 2025
Marc Fogel has finally returned home to the United States after being held for years in Russia. Since day one, I’ve been working on this with the Administration and am grateful that President Trump and Secretary Rubio have delivered on their promise to release Marc. As I… pic.twitter.com/MpQZzIfFpl
— Senator Dave McCormick (@SenMcCormickPA) February 11, 2025
In the meantime, last year the Senate Appropriations Committee passed a budget bill that included a report requesting the Biden administration to explain why the government hasn’t escalated its diplomatic efforts for Fogel’s release.
While the section didn’t describe the specific details of Fogel’s case, the committee passage followed the Senate approving a resolution calling for his release, emphasizing that he was a lawful medical cannabis patient in Pennsylvania using state-legal products as an opioid alternative.
In the resolution it was stated that the 14 year sentence Fogel received for being convicted of ‘large scale drugs smuggling’ over the possession of one-half ounces of cannabis, is political motivated and disproportionate. Especially when considering that he used marijuana to treat medical conditions on a doctor’s advice.
The resolution was introduced in 2023 shortly after family of Fogel visited the White House to meet with high-level officials and also raise attention to his case with members of Congress.
A separate coalition, consisting of more than twenty U.S. Senate members, filed a resolution condemning, last year, the arrests in Russia of American citizens including Fogel.
Steve Daines and the former U.S. Michael McFaul was the Ambassador to Russia from 2023 to present a similar letter, urging the Secretary of State to increase diplomatic efforts immediately to bring Fogel back.
In 2022, more than two dozen members of Congress called on the State Department to step up diplomatic efforts to secure the release of Fogel, calling his incarceration over marijuana that he used to treat chronic pain “unconscionable.”
Biden, the then-White House Secretary of State at that time, said that they were actively looking into Fogel’s situation. And lawmakers kept up pressure to make sure that it did everything possible to get him released.
Sen. Bob Casey (D-PA) also led a letter with other senators that similarly asked the State Department to classify the citizen, an American teacher, as “wrongfully detained.” That came shortly after other bipartisan members of Pennsylvania’s congressional delegation again pleaded with the State Department to escalate Fogel’s case, drawing parallels between his and Griner’s cannabis-related convictions.
Russia, for its part, has taken a particularly strong stance against reforming cannabis policy at the international level through the United Nations. It also condemned Canada’s decision to legalize marijuana across the country.
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Mike Latimer provided the photo.