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Federal Bill Introduced Mandating 10 Years To Life For Pot Sales

NORML | June 24, 2004

Washington DC: Federal legislation introduced last week would impose mandatory minimum sentences on defendants who furnish a controlled substance, including marijuana, to any individual under 18 years of age or who has previously been enrolled in a drug treatment program. The bill, H.R. 4547, was introduced just one week prior to the release of an American Bar Association (ABA) report calling for the repeal of mandatory minimum sentencing statutes.

Under the proposed legislation, sponsored by House Judiciary Chair James Sensenbrenner (R-WI), any person age 21 or over who attempts or conspires to offer marijuana to someone younger than 18 years old shall face a mandatory sentence of 10 years in prison. The mandatory penalty for a subsequent violation of the statute is life in prison.

Defendants found to have distributed marijuana near a drug treatment facility, or who have offered pot to someone who is currently or has previously been enrolled in drug treatment, would receive a mandatory prison sentence of five years to life under the proposal.

The bill would also impose mandatory minimum sentences on defendants found to have manufactured or distributed pot near various public and private establishments, including libraries, daycare centers, and video arcades, as well as impose life imprisonment upon individuals convicted of their third drug felony.

To date, Sensenbrenner's proposal has no co-sponsors.

Representative Sensenbrenner's proposed expansion of mandatory minimum sentencing comes at the same time that delegates of the 400,000-member American Bar Association are considering recommendations to abolish such statutes. This week, the ABA released a report concluding, "There is no need for mandatory minimum sentences in a guided sentencing system." Authors wrote that mandatory minimum sentences shift sentencing discretion away from courts to prosecutors, have an adverse effect on minority defendants, and "are inconstant with the notion that sentences should consider all of the relevant circumstances of an offense and offender."

The ABA will vote in August whether to adopt the recommendations as official positions for the organization. Earlier this week, a federal judge in Boston ruled that mandatory minimums were unconstitutional because they disproportionately weigh the system toward prosecutors and against defendants.

For more information, please contact Keith Stroup, NORML Executive Director, at (202) 483-5500.

To learn more about H.R. 4547, please visit: http://capwiz.com/norml2/issues/aler...045881&type=CO

Full text of the American Bar Association Report: http://www.manningmedia.net/Clients/...A288/index.htm

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cassiusclay

I think the ruling today by the Supremes puts all these mandatory sentencing guidlines in limbo.

"A wealthy Washington rancher who kidnapped his estranged wife at knifepoint had his sentence overturned by the U.S. Supreme Court, which put state sentencing guidelines in question by ruling that judges alone cannot impose extra-long prison terms."


My understanding is that a jury must decide sentences... wow what a concept.

Hiz Highness

Even if this happens, it will only take a few middle class white children receiving life sentences for selling pot to their highschool buddies, and the mandatory drug sentencing laws will be struck down again. When will the prohibitionists learn that insane punishment for minor offences will not be embraced by the American people . . . or better yet, when will they all move to some country like Iran, where crazy sentences for minor crimes is more the norm?

-HH

WNB

To date, Sensenbrenner's proposal has no co-sponsors

Why did they even write an article about it than? A bill with no sponsors is like that kid with no friends back in high school who ran for student government. Neither will recieve alot of votes.

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cassiusclay

On second read of the ruling I see that judges will be limited only in their ability to add a lot of time to the sentence. They'll still have to follow structured guidelines. So I guess if you get life for selling pot, the judge can't give you 2 life sentences...