This is because federal offenses fall under the purview of the U.S. 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. I am honored to have this opportunity to address the committee regarding ways to effectively, and fairly, approach drug policy in the United States. The law will allow courts to grant probation or suspend sentences a practice currently prohibited by state law for people convicted of nonviolent drug offenses and [1] The numbers have only worsened in recent years. The New York State Police and DEA investigated the case, with assistance from the Elmira Police Department. This press release made available at FAMM provides this report on a new state bar report urging drug sentencing reforms in Massachusetts: Massachusetts must The cost to the incarcerated individuals, their families, and communities, is devastating. [8] What these numbers tell us is that there is a human cost to criminalizing personal drug use and possession in the United States. [51], It is time to rethink the criminalization paradigm. ) or https:// means youve safely connected to the .gov website. Congress should follow in Oregons footsteps by prioritizing an effort to end the criminalization of possession of drugs for personal use, and shift resources from the policing of drug use toward access to evidence-based treatment and other voluntary supports for people who struggle with substance use disorder. 3553(a). But data from the U.S. The Strategy focuses on two critical drivers of the epidemic: untreated addiction and drug trafficking. Lastly, the National Drug Control Strategy includes three companion documents that direct Federal agencies to take actions that stop the trafficking of drugs across our Caribbean, Northern, and Southwest Borders. The Strategy builds on the Presidents FY 23 budget request for a $300 million increase to support the work of Customs and Border Protection (CBP)one of the largest In Part One, the USSC Report evaluates trends in these types of sentences since 2014. The new law is an effort to protect consumers from misleading advertising and to support local farmers. In addition to the vast numbers of people arrested for simple drug possession, many other people end up behind bars and serving extremely harsh sentences, often for low-level drug sales, crimes generally committed to support drug use or to alleviate poverty. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); With more than 150 jury trials under his belt, Michael Lowe has strong and varied courtroom experience. [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. Web*The minimum sentence for a violation after two or more prior convictions for a felony drug offense have become final is a mandatory term of life imprisonment without release and 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. 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. This procedural option is not yet accounted for in the guidelines, leading most appellate courts to hold that the Commissions policy statement governing compassionate release does not apply to motions filed by defendants. In this section, you will find resources to assist you in understanding and applying the federal sentencing guidelines. Elmira Man Pleads Guilty to Federal Drug Crime. See: The New 2016 Marijuana Laws: What It Means For Texas. The U.S. 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. [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. Lock Marijuana appears alongside drugs like heroin, LSD, methaqualone, and ecstasy as a Schedule I Controlled Substance in the CSA. These are defined in the law as having no currently accepted medical use in the United States, a lack of accepted safety for use under medical supervision, and a high potential for abuse., By comparison, oxycodone and fentanyl are both categorized as lesser Schedule II controlled substances, defined as having a high potential for abuse which may lead to severe psychological or physical dependence.. [49] Human Rights Watch, Every 25 Seconds, p. 3. The Commission is appreciative of the feedback it has received from all corners of the federal sentencing community, stated Reeves. Once a court receives an inmates referral, it has until October 1, 2022, to resentence the inmate under the new law. Opt in to send and receive text messages from President Biden. [22] What is needed, particularly in this historic moment where we have come face to face with issues of racial and economic disparities, is a comprehensive approach to ending the failed policies of the war on drugs and addressing the economic, social, and health needs of communities, disproportionately impacted by them, largely Black and brown. [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. Get the world's top human rights news, straight to your inbox. 14 For example, there is a 5-year mandatory minimum and a 40-year maximum sentence for possessing (with the intent to distribute) 5 grams of meth, 100 Current guidelines require that judges impose on such a defendant a sentence under "Level 32" guidelines, requiring a 121 to 151 month incarceration. 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. The Strategy delivers on the call to action in President Bidens Unity Agenda through a whole-of-government approach to beat the overdose epidemic. We investigate abuses, expose the facts related to those abuses and pressure those with power to respect rights and secure justice. Justices To Clarify Sentencing Provision In First Step Act. 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. Webschedule II drug. In this section, learn about the Commissions mission, structure, and ongoing work. The First Step Act amended the statute providing for compassionate release to allow defendants for the first time to file for compassionate release, without having the Director of the Bureau of Prisons make a motion. . From the Report: The majority (79.3%) of the 5,878 prior marijuana possession sentences (marijuana priors) were assigned one point under 4A1.1(c), which applies to any prior sentence of less than 60 days imprisonment, including non-custodial sentences (Figure 7). [11], Families, friends, and neighbors understandably want government to take actions to prevent the potential harms of substance use disorder. The Commission intends to issue amendments to section 5C1.2 to recognize the revised statutory criteria and consider changes to the 2-level reduction in the drug trafficking guideline currently tied to the statutory safety valve. Connecticut Supreme Court building in Hartford. Serious changes occurred by the adoption of newly defined federal drug crimes and totally new Federal law allows states to lock people out of welfare assistance and public housing for years and sometimes even for life based on a drug conviction. The United States Sentencing Commission today unanimously approved its policy priorities for the 2022-2023 amendment year ending May Domestic Cannabis Suppression / Eradication Program, Red Ribbon Toolkit - Resources For Your Community, DEA National Prescription Drug Take Back Day, Intelligence Research Specialist Job Announcements, Schedule A Hiring Authority: Intelligence Research Specialist, Privacy Impact Assessment and Management Information Systems, Victim Witness Assistance Program Resources. The Strategy builds on the Presidents FY 23 budget request for a $300 million increase to support the work of Customs and Border Protection (CBP)one of the largest ever increases for CBPand for a $300 million increase for the Drug Enforcement Administration. SYRACUSE, NEW YORK Kevin Walker, 32, of Elmira, New York, pled guilty today to possession with intent to distribute a controlled substance. In addition to reducing prison terms for certain offenders through sentencing reform, the bill includes provisions from the prison reform CORRECTIONS Act introduced by Senators Cornyn and Whitehouse. But those changes could take two drastically different directions. Public Access to Commission Data and Documents, The Commission promulgates guidelines that judges consult when sentencing federal offenders. [31] It is actually more than just the burden of drug arrests. United States Sentencing Commission, Guidelines Manual 4B1.1(b) (Nov. 2008) (USSG). 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. Fine of not more than $5 million One reason for this gap is that people with addiction and those who care for them face too many barriers to treatment. The ABA urges House and Senate members to cosponsor or support H.R. The cost to those incarcerated, their families and communities, is devastating. The Presidents National Drug Control Strategy is the first-ever to champion harm reduction to meet people where they are and engage them in care and services. Since the October markup, the number of Senators cosponsoring S. 2123 has grown to 28, comprised equally of 14 Republicans and 14 Democrats. What the USSC Report advises is that federal policy regarding marijuana possession appears to be shifting. One of the most important factors controlling sentencing under Drug Abuse and Control Act are Federal Sentencing Guidelines. Unfortunately, these changes are not retroactive, and it is estimated at least four thousand people in federal prison today serving sentences under now-reformed statutes will not benefit, including many people who will die in prison without retroactivity.[68]. 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. 1698 0 obj
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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. [7] A criminal record locks these individuals out of jobs, housing, education, welfare assistance, voting and much more. 3713 and S. 2123, respectively, and to support strong sentencing reform provisions in any final comprehensive reform package. Allows reduced sentences to be retroactively applied for crimes a person committed under the age of 18 if they serve at least 20 years and are not an immediate danger to anyone. [45], Criminalization has yielded few, if any, benefits. 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. The Strategy prioritizes a targeted response to drug traffickers and transnational criminal organizations (TCOs) by hitting them where it hurts the most: their wallets. [67] The prospective sentencing reforms incorporated in the First Step Act, including reduced sentencing enhancements for prior drug offenses, clarification that the 25-year mandatory minimum for certain firearm offenses is reserved for true recidivists, and expanded safety valve relief for certain nonviolent drug offenses, will help to limit excessive sentences in the future. by Lisa Backus July 1, 2021, 12:00 pm. (32)(A)). USSC Report, p. 1. [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). The House Judiciary Committee approved bipartisan legislation to overhaul federal civil asset forfeiture laws, H.R. 1-2. There is consensus across the political spectrum that our criminal justice system is out of balance and in need of significant reform. (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 The Biden-Harris Administration has already taken significant actions to address addiction and the overdose epidemic based on the Presidents Drug Policy Priorities for Year One. Congress must repeal federal mandatory minimums, make the change retroactive for those already serving mandatory minimum sentences, and incentivize states to follow suit. [4], [5] Each day, tens of thousands more are convicted for that possession, cycle through jails and prisons, and spend extended periods on probation and parole, often burdened with crippling debt from court-imposed fees and fines. It also subjects them to discrimination and stigma. 15-CR-00449-RSH-2. [53] Other countriesand now some states in the US (in particular, Oregon) are experimenting with models of decriminalization that the US can examine to help chart a path forward. The United States Sentencing Commission, an independent agency in the judicial branch of the federal government, was organized in 1985 to develop a national sentencing policy for the federal courts. 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. Among its top priorities is implementation of two significant changes made by the First Step Act of 2018. BOSTON A Saugus woman was convicted today by a federal jury in Boston in connection with a scheme to The Act expanded eligibility to certain offenders with more than one criminal history point. [18], More broadly, the war on drugs has contributed significantly to the problem of mass incarceration in the United States. Serious changes occurred by the adoption of newly defined federal drug crimes and totally new The U.S. Supreme Court ruled Monday that some crack cocaine offenders sentenced to harsh prison terms more than a decade ago cannot get their sentences Tennessees legislature is expected to consider major changes to the states criminal sentencing guidelines in the new session. The plan was flawed. 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. %%EOF
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. Lastly, the USSC Report considers how these points impacted the offenders criminal history category in the calculation of the sentence to be imposed under the USSG. 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. [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. In this section, you will find a comprehensive collection of research and data reports published on sentencing issues and other areas of federal crime. [3] 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). [42] The harms experienced by people who use drugs, and their families and broader communities, as a result of the enforcement of these laws, may constitute additional, separate human rights violations. A defendants sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. See 21 U. S. C. 812; 21 CFR 1308.12 (2006). In Texas, there are mandatory minimum sentences for someone found guilty of a federal drug crime. Se habla Espaol. The Attorney General, or the Attorney Generals designee, and the Chair of the U.S. Parole Commission serve as. [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). 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. WebOther Schedule I & II drugs (and any drug product containing Gamma Hydroxybutyric Acid) Any amount . SYRACUSE, NEW YORK Kevin Walker, 32, of Elmira, New York, pled guilty today to possession with intent to The career-offender Guidelines con-trolled because they recommended a higher sentence than It would reduce the volume required to trigger five-year mandatory minimum sentences for powder cocaine from 500 grams to 400 grams, and from 5 kilograms to 4 kilograms for 10-year mandatory minimum [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. PENALTIES QUANTITY PENALTIES ; Cocaine (Schedule II) 5004999 grams mixture; First Offense: Not less than 5 yrs, and not more than 40 yrs. WASHINGTON, D.C. The United States Sentencing Commission today unanimously approved its policy priorities for the 2022-2023 amendment year ending May 1, 2023. When the guidelines are amended, a subsequent, In this section, you will find the Commissions comprehensive archive of yearly amendments and. 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 [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. If death or serious injury, not less than 20 yrs, or more than Life. See US Department of Justice, Criminal Justice Information Services Division, Federal Bureau of Investigation, 2019, Table 29 https://ucr.fbi.gov/crime-in- the-u.s/2019/crime-in-the-u.s.-2019/topic-pages/persons-arrested and Persons Arrested data showing that 86.7 percent of arrests for drug abuse violations in 2019 were for possession https://ucr.fbi.gov/crime-in-the- u.s/2019/crime-in-the-u.s.-2019/topic-pages/persons-arrested (accessed March 9, 2021); see also Human Rights Watch, Every 25 Seconds, p. 37. [45] Ibid., p. 12; Susan Stellin, Is the War on Drugs Over? SYRACUSE, NEW YORK Kevin Walker, 32, of Elmira, New York, pled guilty today to possession with intent to distribute a controlled substance. [47], Criminalization is also a counterproductive public health strategy. Senate Majority Leader Mitch McConnell (R-KY) has maintained for several months that he will not schedule the bill for floor action until it gains broader Republican support. The Second Look Act would allow any individual who has served at least 10 years in federal prison to petition a court to take a second look at their sentence before a judge and determine whether they are eligible for a sentence reduction or release. This is due in significant degree to the proliferation of mandatory minimum sentences. [56] On the contrary, it requires a more direct focus on effective measures to reduce the harms associated with problematic drug use, and providing voluntary access to treatment and support for those who struggle with it. Lawmakers should ensure that criminal laws permit judges to impose proportionate sentences, that consider individualized circumstances and allow appropriate leniency. Assistant U.S. Attorney Matthew J. McCrobie is prosecuting the case. The House just passed Sen. Cory Bookers EQUAL Act by a bipartisan vote, with the Biden administrations endorsement. (September 2022) This primer provides an overview of the statutes, sentencing guidelines, and case law applicable to federal drug offenses. Sentencing Commissions Voluntary Sentencing Guidelines, which often call for extremely harsh periods of incarceration. WebFor these inmates, the CDCR Secretary and county correctional administrator must refer the inmates information to the sentencing court by March 1, 2022. [16] But, the criminal legal system is not the solution to this problem and has led to dramatically harmful consequences. 3 . WebFor certain controlled substances, the converted drug weights assigned in the Drug Conversion Tables at 2D1.1 are capped at specified amounts. [6] Drug possession arrests remain significant contributors to mass incarceration in the United States. [63] Human Rights Watch, Nation Behind Bars, p. 1. It also calls for actions that will expand access to evidence-based treatments that have been shown to reduce overdose risk and mortality. WebIf passed, the Smarter Sentencing Act would Reduce by about half the mandatory penalties for people convicted of drug trafficking (i.e., 5-, 10-, and 15-year sentences would become 2-, 5-, and 10-year sentences); Reduce by half or more the mandatory penalties for drug couriers convicted of drug importation This website is produced and published at U.S. taxpayer expense. Include in any sentencing reform legislation provisions that ensure the new law will be applied retroactively to individuals who have already been sentenced. [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. [56] Human Rights Watch, Every 25 Seconds, p. 13. The President also asked for expedited review of marijuanas scheduling under the CSA. In addition, the First Step Act made changes to the safety valve, which relieves certain drug trafficking offenders from statutory mandatory minimum penalties. 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. The Commission serves as an information resource for Congress, the executive branch, the courts, criminal justice practitioners, the academic community, and the public. The Federal Drug Testing Laws defined various federal employees who could receive drug testing at any time. [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. The legislation also includes provisions to ban solitary confinement for juveniles, allows juveniles sentenced to life to seek a reduction in sentences after 20 years, and provides authority for expungement of juvenile records for most non-violent offenses. Share this via Telegram [13] Voluntary treatment for those who need and want it is often unavailable, and criminalization tends to drive people who use drugs underground, making it less likely they will access care and more likely they will engage in unsafe practices that make them vulnerable to disease and overdose. The impact of a drug conviction can, and often does, impact multiple facets of an individuals life beyond the experience of incarceration. WASHINGTON, D.C.. 759, the Recidivism Reduction Act, a bill that closely parallels Title 2 of S. 2123, the Senate SRCA legislation, providing for expanded in-prison programming and early supervised release of prisoners into the community. On behalf of Human Rights Watch, I wish to thank Chairman Nadler, Subcommittee Chair, Sheila Jackson Lee, Ranking Chair, Andy Biggs, Subcommittee Vice-Chair, Cori Bush and all members of the US House Committee on the Judiciarys Subcommittee on Crime, Terrorism and Homeland Security, for the opportunity and privilege to submit this statement for its hearing to address Controlled Substances: Federal Policies and Enforcement. The House Judiciary Committee approved H.R. WebAnother 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 It was an abject failure of a policy that violated human rights at its onset. 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. [44] Human Rights Watch, Every 25 Seconds, p. 4. It goes into details like demographics; past criminal histories; and how these sentences compare to those involving other types of drug charges. From a criminal defense viewpoint, the USSC Report appears to be the necessary cornerstone for the USSC to amend its USSG for marijuana possession charges in the future. How much the new USSC Report can sway lawmakers to amend the current Controlled Substances schedule of the CSA, removing marijuana from its current Schedule I classification, has yet to be seen. 2022 American Bar Association, all rights reserved. In federal plea negotiations, it can be life-changing to have an experienced criminal defense attorney as advocate particularly when past marijuana charges are involved. Too many times, there are those who will take a plea offered by the government attorney because they have no faith in the system itself, or because they do not understand the complexities of the federal system. A federal defense lawyer will understand that federal plea negotiations must consider the possibility of cooperators offering assistance and their self-serving bias in the case, for instance. The lawyer will also be well-versed in the innerworkings of the USSG Manual and its Sentencing Tables. Dea investigated the case, with the Biden administrations endorsement weights assigned in the drug Tables! Ecstasy as a low enforcement priority in recent years U.S. Attorney Matthew J. McCrobie prosecuting! And how these sentences compare to those involving other types of drug arrests changes take! In need of significant reform comprehensive reform package the call to action President. 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