NACDL successfully opposed legislation to expand marijuana criminalization.

For those whose lengthy incarceration is driven by cannabis related offenses, the injustice is particularly striking. As the United States moves away from the criminalization of cannabis, giving rise to a major new industry, there remains the fundamental injustice inflicted upon those who have suffered criminal convictions and the attendant consequences of those convictions. 

Learn more and find resurces for your cannabis case-related issues here. 

Memorandum and Order granting compassionate release after a sealed motion to reconsider defendants preiously denied pro se compassionate release motion was filed through the Federal Public Defenders. 

Memorandum and Order granting compassionate release.

Argument: Putting aside the COVID-19 health concerns, the Court writes, "The Senate Report from when Congress passed the Comprehensive Crime Control Act of 1984 shows that Congress wanted the courts to be able to reduce 'unusually long sentences,' and to reduce sentences where amended Guidelines suggest a shorter sentence. S. Rep. No. 98-225, at 55-56 (1983)." The Court concludes, "that Mr. Vigneau received an unusually long sentence [365 months] for a crime involving marijuana trafficking and money laundering."

Order granting motion for compassionate release. 

Argument: Defendant is 72 an insulin dependent diabetic, has asthma, anemia, and end stage (stage 5) kidney disease. The court concludes, "Defendant does not now present a risk of danger to the community as articulated in 18 U.S.C. § 3142(g). Defendant’s advanced age and medical condition have alleviated any risk Defendant previously posed to the community. The Court has reviewed all the factors to be considered in imposing a sentence, 18 U.S.C. § 3553(a), and does not find any one factor or combination of factors to preclude the remedy here."

Memorandum and Order granting compassionate release.

Argument:  Following a jury trial in 1999, Pullen was convicted of one count of possession with intent to distribute approximately 320 pounds of marijuana in violation of 21 U.S.C. § 841(a)(1). Judge states in the order, "significantly, Pullen has already served a sentence [180months] that far exceeds the top end of the Guidelines that would have applied here, and there is nothing about this case that suggests an above Guidelines sentence is warranted."

The court addresses Defendant's Amended Motion for Compassionate Release.

Argument: The court concludes that a sentence of 240 months is excessive and sentence reduction to 180 months is warranted when considering the statutory sentencing factors and the aggravating factors (second offense) in this specific case. 

Example of an amended judgement and compassionate release grant. 

Order and motion granting compassionate release.

Argument: Defendant was sentenced to 15 years in prison for manufacture more than 1000 marijuana plants and use or Carry a Firearm During Trafficking Crime. The Court wrote, "the mandatory minimum sentence of 15 years that Defendant was subject to is unusally long by today's standards. Since Defendant was prosecuted over ten years ago, society's attitude toward marijuana has drastically changed." The court concludes further incarceration is not necessary and would be detrimental to Defendant's health who suffers from serious mental health disorders. 

2018 update on prisoner recidivism of those convicted of marijuana-related offenses: a 9-year follow-up period (2005-2014).

"This PBS Spotlight segment highlights the injustice of cannabis prosecution. Notably featured in this specific film is the work of The Last Prisoner Project, a nonprofit focused on cannabis criminal justice reform. Presented by The Beehouse Justice Initiative, a New York City organization dedicated to healing 'some of the harms caused by disparate enforcement of cannabis prohibition' and video production company Matador Content, the film is narrated by Chris Rock and directed by Ezra Paek." - Last Prisoner Project

Amicus Brief filed by the Last Prisoner Project in the case of U.S. v. Scarmazzo urging the judge to grant compassionate release after he was sentenced to 21 years for operating a medical marijuna dispensary in California.