The U.S. Sentencing Commission has 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 commission voted in favor of the change today through a unanimous voice vote, while also voting to advise that marijuana possession warrants discretion in regards to sentencing especially given its non-violent nature. The proposed changes have been sent to Congress which has until May 1st to issue any objections. Barring an objection the changes will take effect in November.
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.”