Who Gets Indicted Federally for Cannabis?
This question weighs heavily on the minds of many inmates serving time in federal prisons: Who exactly gets indicted federally for cannabis manufacturing or trafficking—offenses the federal government continues to label as “marijuana” crimes?
The penalties for federal cannabis offenses are notably severe. For example, possessing 100 kilos (220 pounds) or 100 rooted plants results in a mandatory minimum sentence of five years. The stakes escalate further at the next threshold: a 10-year mandatory minimum for those found guilty of possessing over 1,000 kilos (2,200 pounds) or 1,000 plants. These quantities can be determined not only through direct evidence but also via conspiracy charges, which are often supported by hearsay testimony. In some cases, two associates might collaborate to convince a prosecutor that they know of another individual who trafficked or grew cannabis beyond these thresholds, leading to mandatory minimum sentences for the accused and potential sentence reductions for themselves. These practices have tragically led to the incarceration of many individuals who may not be guilty of the charges against them.
Federal indictments for cannabis generally begin when the U.S. Attorney’s Office has substantial evidence, typically involving quantities over 100 kilos or 100 plants. However, there are numerous instances where individuals have been federally indicted for much smaller amounts. These cases often involve additional factors such as the presence of firearms or the defendant’s status as a career offender. The career offender designation applies to those with two prior felony convictions, resulting in enhanced sentencing. In some extreme situations, individuals caught with as little as a quarter pound of marijuana have received sentences as long as 12 years under this statute.
Take the case of Frank Rogers, for example. Frank was convicted of selling marijuana at age 17. This prior conviction, along with another, combined with an offense involving 100 pounds of cannabis, led to Frank being sentenced to 22 years in federal prison. This is just one of many stories that highlight the harsh and often unjust nature of federal cannabis prosecutions. This must stop.
So, who gets indicted federally for selling or growing marijuana in 2024, and how does this process unfold? The truth is that there is no clear-cut answer. Whether the federal government decides to pursue a case often depends on various factors, including the district where the individual was apprehended, the potential for asset seizure, the involvement of firearms, or links to organized crime. These factors are fluid and can shift with each election cycle, resulting in an inconsistent and often unpredictable approach to federal cannabis indictments.
This arbitrary nature of federal cannabis policy raises significant concerns. Can the fate of individuals—who might find themselves serving lengthy prison sentences for actions that were once considered serious crimes—be left to the whims of changing political tides? Unfortunately, the answer is a resounding yes. We have individuals incarcerated today for offenses that, while deemed criminal in the 1990s or early 2000s, are now viewed quite differently in a society where cannabis is increasingly legalized and socially accepted. Yet, the impact of these outdated convictions continues to ruin lives, even as cannabis remains widely consumed.
One thing is clear: those who are not being indicted for cannabis offenses are the wealthy Multi-State Operators (MSOs) who make millions of dollars by growing and selling vast quantities of cannabis. These entities operate without regard for the mandatory minimum federal statutes that have led to the harsh incarceration of many others. This stark contrast between who gets punished and who profits reveals the deep inequities in our current federal cannabis policy.
The hope is that people like Frank Rogers, Michael Woods, Parker Coleman, Edwin Rubis and many more federal cannabis inmates will receive clemency this year under the last remaining months of the Biden administration.