In April the U.S. Sentencing Commission voted in favor of a proposal that updates sentencing guidelines to advise judges to treat past offenses related to marijuana in a more lenient manner. The guidelines are now officially in effect.
The commission in April voted unanimously to advise that marijuana possession warrants discretion in regards to sentencing especially given its non-violent nature. The proposed change went through a congressional review and public comment period before officially taking effect today, November 1.
The change clarifies that a downward departure from the defendant’s criminal history category may be warranted based on if “the defendant received criminal history points from a sentence for possession of marihuana for personal use, without an intent to sell or distribute it to another person.”
A downward departure is when the federal judge imposes a defendant a sentence that is lower than the minimum sentence that was suggested by the sentencing guidelines.
“While marihuana remains a Schedule I controlled substance under the federal Controlled Substances Act (CSA), subjecting offenders to up to one year in prison and up to two or three years in prison for repeat offenders, many states and territories have reduced or eliminated the penalties for possessing small quantities of marihuana for personal use,” states the proposal.
The change comes after 23 states have legalized recreational marijuana, with 40 states legalizing the plant for medical use.
