For too long, past cannabis convictions have been used to enhance criminal sentences and unjustly keep people behind bars for longer than they should.
On January 12, 2023, the United States Sentencing Commission (USSC) proposed an amendment that would update sentencing guidelines to suggest that judges treat those with prior marijuana possession offenses more leniently.
Last Prisoner Project provided public comment in this process and urged the Commission to consider implementing additional reforms to federal sentencing guidelines related to cannabis crimes.
In November 2023, these amendments were approved and went into effect. The change removed marijuana possession convictions from the criminal history score calculations and applied retroactively to those currently incarcerated.
We recently learned that LPP constituent Clarence Adams has successfully reduced his current sentence by a year after he submitted a motion for a reduction in sentence. We are thankful for the group of federal public defenders who are working to revisit these cases and ensure people are not incarcerated longer than they should be.
Already seeing the positive impacts of this sentencing guideline change, we are optimistic that we will be able to continue to point to this change to help reduce the sentences of other constituents as we continue to work towards their full freedom. We encourage any constituents and their legal counsel to reevaluate their case if they are eligible for a reduction in sentence because of a change in criminal history points.
We support the Commission’s proposal and commend them for taking steps to better reflect the current legal and policy landscape surrounding cannabis activity in the United States.
To read more about the impacts of this amendment, read the full USSC brief here.
Clarence's expected release date will now be February 2026, but we won't stop fighting until he, and everyone still incarcerated for cannabis, is fully free. President Biden has the clemency power to release Clarence and all federal cannabis prisoners with the stroke of a pen, you can urge him to do so.
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