Commission Analyzes Trends In Marijuana Possession Sentencing

The United States Sentencing Commission has released a report examining trends in federal sentencing for simple possession of marijuana offenses, expanding on a 2016 study. 

The commission published the report, titled ‘Weighing the Impact of Simple Possession of Marijuana: Trends and Sentencing in the Federal System,’ on Monday, Jan 10. 

Simple possession of marijuana is when one possesses a small amount of marijuana for personal use and without intent to sell or give to other people. In the commission’s 2016 study, they found a large increase in federal sentencing for simple possession between the years 2008 and 2013. 

The commission’s 2023 report findings come on the cusp of changing federal regulations and standards on marijuana, including an October 6, 2022 pardon by President Joe Biden granted to current U.S. citizens and lawful permanent residents convicted of the federal offense of simple possession of marijuana. 

Report authors noted that the Department of Justice has treated marijuana possession offenses as a low enforcement priority in recent years. 

The commission found that only 145 federal offenders were convicted for simple possession of marijuana in fiscal year 2021, down from 2,172 in 2014. 

The District of Arizona, which has been the site of over 80 percent of all federal marijuana possession sentences since 2014, is largely responsible for the overall trends, with only two cases in 2021 compared to 1,916 in 2014.

In the last five fiscal years, the majority (85.5 percent) of federal defendants convicted for marijuana possession were male. 70.8 percent were Hispanic, and 59.8 percent were non-citizens. 

Over two-thirds of those convicted were sentenced to prison with an average sentence of five months. No criminals serving a sentence for marijuana possession alone were still in the care of the Federal Bureau of Prisons as of January 2022.

The second part of the Sentencing Commission’s report focused on the impacts of prior sentencing for simple possession of Marijuana when it comes to the calculation of federal criminal histories. 

In accordance with federal sentencing standards, 4,405 federal offenders got criminal history points in the fiscal year 2021 for prior marijuana possession convictions. 

Including non-custodial sentences, the majority of earlier punishments were for terms of less than 60 days in jail. Additionally, among the 4,405 people with federal possession convictions on their records, over 10 percent had no other criminal history points from other offenses. 

A majority (over 94 percent) of offenders with criminal histories that were affected by past marijuana possession sentences were men. Residents of the United States made up 80 percent, and Black and Hispanic people made up around 40 percent each. 

The overwhelming majority of prior marijuana possession sentences were imposed as a result of state convictions. 

Many of these prior convictions come from states where marijuana possession is now decriminalized or legalized, or where marijuana possession records can be expunged or sealed. Under the federal sentencing guidelines, prior marijuana possession convictions from these states led to greater criminal history assessments for 695 offenders.

Ultimately, the Sentencing Commission found that the number of federal marijuana possession convictions has dropped substantially in recent years with prior marijuana possession sentences (both federal and state) often affecting criminal history calculations. 

In 2021, 10 percent of offenders sentenced had no criminal history points other than those assigned for prior marijuana possession sentences.

Download the full report, Weighing the Impact of Simple Possession of Marijuana: Trends and Sentencing in the Federal System, here.