Will Justice Thomas’ Marijuana Comments Free Federal Prisoner?

Lawyers for a man serving time in federal prison for operating a state-legal medical marijuana dispensary are making the case that the U.S. Supreme Court Justice Clarence Thomas’s recent statement denouncing the inconsistencies of federal cannabis policy underscore the need for the relief to be granted to their client, reports Marijuana Moment. Thomas wrote that the “contradictory and unstable state of affairs strains basic principles of federalism and conceals traps for the unwary,” adding that “though federal law still flatly forbids the intrastate possession, cultivation, or distribution of marijuana,” the government “has sent mixed signals on its views.”

The legal team for Luke Scarmazzo, who was sentenced to 22 years in federal prison while acting in compliance with California’s marijuana laws, filed a motion for compassionate release in June, 2021, citing the statement. Scarmazzo’s team is arguing that the U.S. District Court for the Eastern District of California should take the justice’s comments into account when considering his motion for compassionate release. Scarmazzo was also one of numerous people incarcerated over marijuana who advocates sought a commutation from the Trump administration. The new brief from Scarmazzo’s attorneys notes that the court has authority to grant relief if there is “extraordinary and compelling reason,” and it lists a number of circumstances that the defendant’s counsel say meets that standard.