Federal penalties for cannabis have decreased significantly since 2014

A new report by the US Sentencing Commission found that the number of federal convictions for cannabis possession has decreased significantly in recent years, from 2,172 in tax year 2014 to just 145 offenders in tax year 2021. For the 70.1% of offenders who use cannabis have been sentenced to imprisonment in the last five financial years, the average imprisonment imposed was five months.

Unfortunately, the report also found that previous convictions for cannabis possession added to an incarcerated person’s criminal record, resulting in longer sentences.

The report, titled Weighing the Impact of Simple Possession of Cannabis: Trends and Sentencing in the Federal System, was last issued in 2016 and updated for fiscal year 2021 as many states have decriminalized cannabis possession.

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Still illegally owned in 12 states

As of the end of fiscal 2021, the report found that possession of cannabis for all purposes remained illegal in 12 states and territories. Nine states and territories permit possession of cannabis for medicinal purposes only. In the 14 states and territories that have decriminalized cannabis, possession of a small amount of cannabis remains a violation of the law, but is punishable by a fine with no possibility of incarceration. Another 21 states and territories have legalized the possession of small amounts of cannabis for personal use and eliminated all penalties.

Federal cases fall

According to the report, there was a steep spike in convictions between fiscal years 2008 and 2013, but the number of convictions for cannabis possession has steadily decreased from 1,916 in fiscal 2014 to just two cases in fiscal 2021 in Arizona. This state had run the land in federal ownership cases. Across all jurisdictions, the total number of convictions for cannabis possession followed the same pattern, falling from a high of 2,172 in fiscal year 2014 to a low of 145 in fiscal year 2021. All other drug types remained stable across both study periods.

incarceration times decrease

Despite improvements in legalization, many offenders still receive some prison sentences. In the last five financial years, most offenders related to cannabis possession (70.1%) received a prison sentence, according to the report, while 29.9% received either a suspended sentence or a fine only. “For those sentenced to imprisonment, the average prison sentence handed out was five months. Because of the relatively short average sentences for cannabis possession offenders, no one convicted of simple possession of cannabis in the past five years was in Federal Bureau of Prisons (BOP) custody as of January 2022. In January 2022, 19 offenders were serving sentences for simple possession of cannabis plus one other offence.

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The data showed that federal offenders convicted of cannabis possession in the last five fiscal years were more likely to be male (85.5%), Hispanic (70.8%), and non-US citizens (59.8%). Just over two-thirds (70.1%) received prison sentences, and the average prison sentence served was five months. As of January 2022, there was no longer in the custody of the federal prison a felon who had been convicted solely of simple possession of cannabis.

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Criminal History Points

While federal possession cases are declining, previous cannabis convictions are driving longer prison sentences, according to the latest report. In sentencing guidelines, previous convictions can add points to an individual’s profile. More points can push them into a higher conviction category. So, while cannabis is increasingly viewed as a petty offence, having a criminal record for other offenses can lead to a longer sentence.

The report states, “In fiscal year 2021, 4,405 federal offenders (8.0%) received criminal records under federal sentencing guidelines for prior cannabis possession sentences. Criminal record points assigned under state sentencing guidelines for prior cannabis possession convictions resulted in a higher criminal record category for 1,765 of the 4,405 offenders (40.1%).”

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Almost all (97.0%) of previous cannabis possession convictions were state convictions, some of which came from states that changed their laws to decriminalize (22.2%) or legalize (22.2%) cannabis possession ( 18.2%), states that allow deletion or sealing of records of cannabis possession (19.7%), or a combination thereof. “Previous convictions for cannabis possession from these states resulted in higher criminal record calculations under state sentencing guidelines for 695 offenders. prior convictions for cannabis possession resulted in a higher chc for 40.1% of federal offenders with such convictions in FY21.”

Of the 1,765 offenders whose criminal history category was affected by a previous conviction for cannabis possession, most were male (94.2%), US citizens (80.0%), and either black (41.7%) or Hispanic (40, 1 %).

Not surprisingly, when looking at crime data for those offenders whose sentences increased due to previous cannabis convictions, drug trafficking was the most common type of crime (38.0%) among offenders with a cannabis prior conviction in fiscal year 2021. It was followed by firearms (28.9%) and immigration crimes (18.2%). Most of the 1,765 offenders whose criminal history category was influenced by previous convictions for cannabis possession were male (94.2%), US citizens (80.0%), and either Black (41.7%) or Hispanic (40.1%) ).

This article originally appeared in Green Market Report and has been republished with permission.