On Tuesday, President Donald Trump welcomed an American teacher who was released from prison in Russia after being found guilty of possession of marijuana.
Marc Fogel did not receive any acknowledgement that his conviction was based on a possession charge for cannabis he had lawfully acquired as a Pennsylvania patient of medical marijuana, a charge which would have earned him jail time under federal prohibition.
The White House event did not disappoint, but it gave advocates cause for concern. Some of the same people celebrating his return to the U.S.—including House Speaker Mike Johnson (R-LA) and Secretary of State Marco Rubio—have supported the status quo of federal cannabis prohibition.
Johnson has always opposed reforms to marijuana laws, even on minor matters like cannabis banks and making scientific research easier.
Rubio has opposed all attempts to legalize cannabis. During his presidential campaign in 2016, he advocated that federal prohibition be enforced even when states have passed their own laws. Former Senator Rubio is tentatively open to medical marijuana use, as long as it has FDA approval.
Fogel was released about two months after the State Department under former President Joe Biden finally designated him 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.
Welcome Home, MARC🇺🇸 pic.twitter.com/0b2Igcqudp
— Donald J. Trump (@realDonaldTrump) February 12, 2025
Fogel, a Pennsylvania registered medical cannabis patient and opioid substitute for pain treatment has been cited by many legislators and supporters over the last four years.
Ahead of his designation as wrongfully detained, there were repeated calls for the diplomatic status change, including a letter sent to the Biden administration by over a dozen members of Congress in August that emphasized that Fogel’s access to marijuana was “necessary to subdue his pain.”
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.
The underlying marijuana issues which led to Fogel’s imprisonment were not publicly acknowledged either at a Tuesday evening media event with Trump and Fogel or in the White House’s press release of Wednesday.
Trump’s second-term campaign was not a success despite his support of cannabis legalization at state level, marijuana banking, and cannabis rescheduling.
Morgan Fox, the political director for NORML told MEDCAN24 that he was “overjoyed” that Marc Fogel had been released and would no longer be facing harsh punishments or being used to a political pawn because of cannabis.
“However, the Trump Administration—like the Biden Administration before it—would seem to be taking a ‘Russian prison bad, US prison good’ approach to cannabis consumers by spending political capital to secure the release of high-profile prisoners in foreign lands but not freeing more federal cannabis prisoners here and aggressively urging Congress to deschedule and regulate cannabis,” he said. Biden achieved a great deal in cannabis justice. But Trump can easily and quickly distinguish himself from Biden by taking this issue even further.
I hope he will do so soon. His appointment of anti-cannabis officials like Terrance Cole to high positions in the Drug Enforcement Administration at a time when federal marijuana policy is changing, are cause for concern.
Jason Ortiz is the director of strategic initiatives at the Last Prisoner Project. He told MEDCAN24 that while they are happy to see Speaker Johnson celebrate Marc’s return, the hypocrisy in their refusal to release Americans from prison for marijuana does not pass unnoticed.
He added: “We have to honor Marc’s memory by working with others on common sense reforms for cannabis law.”
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Meanwhile, the Senate Appropriations Committee approved a spending bill last year with an attached report demanding that the Biden administration explain why it has not escalated diplomatic efforts to secure the release Fogel.
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.
According to the resolution, Fogel’s 14-year prison sentence for “large-scale drug smuggling”, based on his possession of half an ounce of marijuana was politically motivated and excessive. This is especially true when you consider that Fogel used the cannabis in accordance with the doctor’s prescription.
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.
Meanwhile, a separate coalition of more than 20 U.S. senators filed a different resolution last year condemning the arrests of American citizens in Russia, including Fogel.
Steve Daines and the former U.S. Ambassador to Russia Michael McFaul also sent a letter to the secretary of state in 2023, imploring the administration to “immediately” escalate diplomatic efforts to secure Fogel’s return.
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.”
The White House under Biden said that year it was actively investigating Fogel’s case, and lawmakers have been keeping the pressure on to ensure it’s doing all that it can to secure his release.
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. Canada was also condemned for legalizing cannabis nationwide.
Bipartisan governors of multiple states propose significant marijuana tax increases
Side Pocket Images. Image courtesy Chris Wallis.
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