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. 9 Once an inmate reached the new date of parole eligibility, the inmate would proceed through the normal [49] Human Rights Watch, Every 25 Seconds, p. 3. 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. [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]. The Federal Drug Testing Laws defined various federal employees who could receive drug testing at any time. [16] But, the criminal legal system is not the solution to this problem and has led to dramatically harmful consequences. 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 House Judiciary Committee approved H.R. [14] Indeed, the last decade has seen a dramatic rise in overdose deaths, hitting over 81,000the highest number ever recorded by the Centers for Disease Control and Prevention in the year that ended in 2020, despite widespread criminalization of simple drug possession. Serious changes occurred by the adoption of newly defined federal drug crimes and totally new In 2016, Human Rights Watch and the American Civil Liberties Union (ACLU) issued a joint report entitled Every 25 Seconds: The Human Toll of Criminalizing Drug Use in the United States. Our research found that, at the time, every 25 seconds in the United States, someone is arrested for the simple act of possessing drugs for their personal use. The cost to those incarcerated, their families and communities, is devastating. He intended to meet another individual in the parking lot of a Cortland business to sell to that individual 447 grams of pure methamphetamine, which Walker had in the trunk of the vehicle. Under federal law, as defined in the USSC Report, [s]imple possession of marijuana refers to possessing a small amount of marijuana to consume or use, but without an intent to sell or give it to another person. USSC Report, p. 1. [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. 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. 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 criminal provisions of the comprehensive Drug Abuse and Control Act did not just change existing law. 3713 by voice vote on November 18, 2015. This website is produced and published at U.S. taxpayer expense. [74] US: House Votes to End Marijuana Prohibition, Human Rights Watch News release, December 4, 2020, https://www.hrw.org/news/2020/12/04/us-house-votes-end-marijuana-prohibition. But those changes could take two drastically different directions. These provisions would allow qualifying inmates to earn reduced sentences through participation in recidivism reduction prison programs including work, job training, drug treatment and faith-based activities. An official website of the United States government. [3] More than one of every seven arrests by state law enforcement is for simple drug possession. Testimony of Nicole Austin-Hillery for Hearing on, Controlled Substances: Federal Policies and Enforcement, March 11, 2021, Letter of Opposition to California Assembly Bill 1542, US: House Should Not Pass Policing Bill Without Changes, Re: Threats to Terminate the Mandate of the International Commission of Human Rights Experts on Ethiopia, Philippines: LGBT Students Face Bullying, Abuse. 2d 714 (1989). [66] The Justice Roundtable, Transformative Justice: Recommendations for the New Administration and 117th Congress, November 2020, https://justiceroundtable.org/wp-content/uploads/2020/11/Transformative- Justice.pdf (accessed March 9, 2021), p. 44. [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. 1670 0 obj <> endobj [41] In practice, criminalizing drug use also violates the right to health of those who use drugs. The current mandatory minimum sentences were enacted in a 1986 drug bill. [58], Almost 30 years of harsh sentencing laws have left the US with over 2.2 million people behind bars. mr. mario puentes sentencing memorandum . The criminal provisions of the [34] Human Rights Watch, Revoked: How Probation and Parole Feed Mass Incarceration in the United States (New York: Human Rights Watch, 2020), https://www.hrw.org/report/2020/07/31/revoked/how-probation-and-parole- feed-mass-incarceration-united-states. 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. 0 The prospective sentencing reforms incorporated in the First Step Act, including reduced sentencing enhancements for prior drug offenses, clarification that the [32] A fresh and evidence-based rethinking of the drug war paradigm that includes moving away from criminalization of simple drug possession is needed. [8] What these numbers tell us is that there is a human cost to criminalizing personal drug use and possession in the United States. Sentencing Commission shows judges rejected more than 80% of compassionate release requests filed from October 2019 through September 2022. by Lisa Backus July 1, 2021, 12:00 pm. Once a court receives an inmates referral, it has until October 1, 2022, to resentence the inmate under the new law. 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). [57] Ultimately, the criminal law does not achieve these important ends, and causes additional harm and loss instead. In Part Two, the USSC considers both federal and state law in prior sentences for simple marijuana possession and analyzes how they impact USSG criminal history calculations for new federal offenses. One reason for this gap is that people with addiction and those who care for them face too many barriers to treatment. It's time to renew your membership and keep access to free CLE, valuable publications and more. But those changes could take two drastically different directions. Similarly, key tools like naloxone and syringe services programs are often restricted or underfunded at the community level, which limits access for people who use drugs. [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. Webschedule II drug. Your email address will not be published. [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. A defendant convicted of a federal drug crime could previously receive the following penalties under the Anti-Drug Abuse Act: A conviction of a drug offense involving the trafficking of 500 grams or more of powder cocaine carried a mandatory minimum sentence of at least five years in prison. Essentially, the USSG consider two components to establish the sentencing guideline range: (1) the criminal history of the individual who has been charged and (2) the seriousness of the offense(s) itself. Read An Overview of the Federal Sentencing Guidelines published by the USSC. When the guidelines are amended, a subsequent, In this section, you will find the Commissions comprehensive archive of yearly amendments and. Fine $1 million if an individual, $5 million if not an individual. 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. Tennessees legislature is expected to consider major changes to the states criminal sentencing guidelines in the new session. Help us continue to fight human rights abuses. The SMART Cocaine Sentencing Act would reduce the current crack-to-powder cocaine sentencing disparity from 18:1 to 2.5:1. The ABA urges House and Senate members to cosponsor or support H.R. Federal sentencing guidelines take into account not only the amount of marijuana but also past convictions. Critical to criminal defense advocacy is the recognition in the USSC Report that many federal defendants faced enhancements under the USSG because of past convictions on marijuana crimes in state court. This is true even if that state has changed its marijuana laws or even made marijuana possession legal since the person was convicted on the state marijuana charge. 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. [44] Human Rights Watch, Every 25 Seconds, p. 4. [45], Criminalization has yielded few, if any, benefits. Finally, it emphasizes the need to develop stronger data collection and analysis systems to better deploy public health interventions. United States Attorney Carla B. Freedman, Frank A. Tarentino III, Special Agent in Charge of the U.S. Drug Enforcement Administration-New York Division, and Steven A. Nigrelli, Acting Superintendent of the New York State Police made the announcement. Reform of the federal criminal justice system is urgently needed to restore balance to a system in crisis. Connecticut Supreme Court building in Hartford. 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 Additional legislative proposals that can contribute to reducing the excessive punishment brought on by the war on drugs, which Congress should undertake and pass, include: Thank you for the opportunity to submit this testimony. [6] Human Rights Watch, Every 25 Seconds, p. 2. A defendant convicted of a class A-1 felony (possession of 8 or more ounces of substances containing a narcotic drug or 5,760 milligrams of methadone) may be sentenced to a term of 8 to 20 years imprisonment or a fine of $100,000. The 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 law eligible to petition for sentence reduction. SYRACUSE, NEW YORK Kevin Walker, 32, of Elmira, New York, pled guilty today to possession with intent to The Commission collects, analyzes, and disseminates a broad array of information on federal crime and sentencing practices. When the guidelines are amended, a subsequent, In this section, you will find the Commissions comprehensive archive of yearly amendments and. 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. Official websites use .govA .gov website belongs to an official government organization in the United States. The Attorney General, or the Attorney Generals designee, and the Chair of the U.S. Parole Commission serve as. [64] While the First Step Act, signed into law by the previous administration in 2018, took some steps to address the issue of over-incarceration, bolder and larger steps are needed. [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. 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. 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. WebFor certain controlled substances, the converted drug weights assigned in the Drug Conversion Tables at 2D1.1 are capped at specified amounts. The U.S. document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); Your email address will not be published. The cost of these arrests and incarcerations, however, extend far beyond individual experiences in the formal criminal justice system. It also calls for actions that will expand access to evidence-based treatments that have been shown to reduce overdose risk and mortality. The Commission looks forward to hearing more from experts and researching more fully the benefits of these programs.. [43], At the time of the Human Rights Watch/ACLU report in 2016, all US states and the federal government criminalized possession of certain categories of drugs for personal use. [55] Drug Policy Alliance, 2020 Annual Report, February 17, 2021, https://drugpolicy.org/resource/drug-policy-alliance-annual-report (accessed March 9, 2021), pp. 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. [47], Criminalization is also a counterproductive public health strategy. Sentencing Commission data has showed that 87.5 percent of the people serving federal prison time for drug trafficking offenses primarily involving crack From Guilty Plea to Sentencing Hearing in a Drug Case, Prosecutors Have Standards to Follow: the Federal Principles of Prosecution. Opt in to send and receive text messages from President Biden. [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. Commissioners are nominated by the President and confirmed by the Senate. [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). 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). [65] Reforming or eliminating mandatory minimum sentences is a recommendation that has been on the table and supported by criminal justice reform advocates for years, but we have yet to achieve this goal. 1775 0 obj <>stream Marijuana appears alongside drugs like heroin, LSD, methaqualone, and ecstasy as a Schedule I Controlled Substance in the CSA. 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