A life sentence for 43.71 grams of cannabis? The Mississippi Supreme Court upholds the draconian ruling

Supreme Court upholds life sentence for Mississippi man convicted of marijuana possession

In recent news, a man sentenced to life in prison for cannabis possession has lost his appeal in the Mississippi Supreme Court. The state’s highest court ruled on June 16, 2022 that Allen Russell’s life sentence did not violate the Eighth Amendment. The judge ruled that the first verdict was indeed consistent with Mississippi law.

After being found guilty of possession of cannabis totaling 43.71 grams, Russell was sentenced to life in prison without parole in 2019. Ordinarily, the typical conviction would have been three years in prison, but Russell was sentenced to a larger sentence under common offender laws in Mississippi.

In the past, Russell had been convicted on two separate charges of criminal possession of a gun and home theft. Under the state’s capital crimes statute, the judge was forced to sentence Russell to life in prison because it was his third strike.

Russell originally argued that the ruling violated his rights under the Eighth Amendment, which provides protection from unusual and cruel punishment. He appealed the original verdict to the state Court of Appeals, and after a 5-to-5 verdict stalemate last year, the Supreme Court conceded to review the case.

Within a short time, six judges confirmed the verdict of the first court. The judges confirmed that in Russell’s case there was only one sentence available, which the trial judge followed to the letter. The Supreme Court further stated that Russell’s history of violence and repeated strikes gave the trial judge only one option, which was ordered.

Not the first time

According to Russell, his case would not be the first time courts have sentenced long-time offenders to life imprisonment. He believed this includes the Solem vs. Helm case.

In that trial, Jerry Helm, a person previously convicted of six nonviolent crimes, committed a form of check fraud by writing a check without an account. Under South Dakota law, where Jerry committed the crime, he would have faced a $5,000 fine or five years in prison. But because he was a regular offender, he was also sentenced to life imprisonment.

The United States Supreme Court has approved an appeals court decision alleging that such a judgment is prohibited under the Eighth Amendment. Local-level judges maintain that Russell’s case cannot be compared to Jerry’s. A large percentage of the judges believe the verdict is fair because Russell was a violent offender – a significant difference from Jerry’s case, which was a nonviolent offender.

The judges also provided a detailed account of Russell’s previous arrest. According to them, it’s important to note that the arrest came as law enforcement officials were attempting to fulfill another drug-related warrant against Russell. This also included fulfilling the search warrant issued against him. According to the judges, Russell’s arrest was only possible after alchemical gas was used.

Certainly the trial judge was aware of Russell’s violent history and recorded it in the file presented to him. Therefore, after examining all relevant matters and information, a sentence of life imprisonment was issued.

judge at work

Associate Justice Robert Chamberlin, along with Justices Dawn Beam, Kenny Griffis, David Ishee and James Maxwell, wrote the bulk of the opinion. The court’s ruling was also supported by Chief Justice Michael Randolph. Although he co-authored his own op-ed with Ishee and Beam and in part with Chamberlin and Maxwell.

The dissenting opinion was authored by Associate Justice Josiah Coleman along with Justices Leslie King and James Kitchens. Opposing judges argued that burglary was not considered a violent crime until the Mississippi Code made it law on July 1, 2014. The judges also questioned whether Russell had a history of violent crime.

According to the dissenting judges, prior to June 2014, burglary was considered a violent crime if violence was involved in a burglary. They added they weren’t sure if Russell committed any violent acts in those burglaries. However, the fact that Russell was given the opportunity by the sentencing court to participate in the Regimented Inmate Discipline indicated that no act of violence occurred.

According to information available on the official website of the US Department of Justice, the Mississippi RID program for nonviolent offenders was established before it was disbanded

Judges on both sides of the case also spoke about the changing public attitude towards cannabis. The dissenting judges argued that medicinal cannabis use had only recently been legalized by the state.

According to the judges, Mississippi joined a long list of its sister states in legalizing medicinal cannabis use and establishing a program to do so. They wrote that under the bill that created the scheme, the difference in jail time for possession of cannabis greater than 2.5 ounces would currently be a prescription.

In evaluating the argument, the majority of the judges acknowledged the dissenter’s assessment of the evolving perception of cannabis crime. They concluded that legislators should take evolving perceptions into account when establishing criminal laws.

Russell was convicted of possessing cannabis in an amount of approximately 1.5 ounces, an amount well within the legal limits set by the state Medicinal Cannabis Act.

As he wrote the dissent, Coleman indicated that the court should allow Russell to obtain the relief he was seeking. He reiterated that most judges have a responsibility to provide procedural guidance to courts dealing with defendants in situations similar to Russell’s. However, Russell will be denied the same process, and Russell will spend the rest of his life in prison.

Conclusion

Russell is close to spending the rest of his life in prison and is so sad to see, especially since his “third strike” of cannabis possession was within the legal limits set by the state’s Medicinal Cannabis Act. In order to avoid such situations in the future, legislators must take evolving perceptions into account when establishing criminal laws.

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