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1 1 (July 23, 2024)

handle is hein.crs/goveqbg0001 and id is 1 raw text is: Congressional Research Service Informing the IegisI9tive debate since 1914 July 23, 2024 Rescheduling Marijuana: Implications for Criminal and Collateral Consequences Marijuana is the most commonly used illicit drug in the United States. The number of adults that use marijuana continues to increase, as does the number of states that allow for its use. Under the Controlled Substances Act (CSA), marijuana and its derivatives are classified as Schedule I controlled substances, meaning their manufacture, possession, and distribution are illegal except for the purposes of federally sanctioned research. While many states have enacted laws allowing for marijuana use, and the federal government has generally not interfered with their implementation, violations of federal marijuana laws continue to have criminal and civil consequences. In addition to criminal penalties, past and current marijuana use or marijuana- related convictions may subject individuals and businesses to a number of consequences under various policies and federal laws. In May 2024, the Department of Justice (DOJ) proposed to move marijuana from Schedule I to Schedule III under the CSA. While Schedule III is less restrictive than Schedule I and allows for medical use of marijuana-only if approved by the Food and Drug Administration (FDA) and dispensed pursuant to a valid prescription-most of the current consequences of marijuana use or marijuana-related convictions would remain if marijuana moves to Schedule III. This In Focus discusses those consequences and what would change if marijuana is rescheduled to Schedule III, as well as options for Congress. Criminal Penalties for Federal Marijuana Crimes Federal marijuana crimes may subject individuals to a number of criminal penalties that vary depending on the circumstances of the case: * A first offense of trafficking (i.e., manufacturing, distributing, or dispensing, or possessing with intent to manufacture, distribute, or dispense) 1,000 kg or more of marijuana or 1,000 or more marijuana plants carries a penalty of not less than 10 years in prison or more than life; and a criminal fine of not more than $10 million if an individual and $50 million if other than an individual (e.g., a drug trafficking organization); * A first offense of trafficking 100 to 999 kg of marijuana or 100 to 999 marijuana plants carries a penalty of not less than 5 years or more than 40 years in prison; and a criminal fine of not more than $5 million if an individual and $25 million if other than an individual; and * A first offense of trafficking less than 50 kg of marijuana or 1 to 49 marijuana plants carries a penalty of not more than five years in prison; and a criminal fine of not more than $250,000 if an individual or $1 million if other than an individual. These offenses carry more severe penalties if death or serious bodily injury occurs or if it is not the defendant's first felony drug conviction. In practice, most individuals (74.8% in FY2023) sentenced in federal court for marijuana trafficking convictions are sentenced to less than five years in prison. Over the last five years (FY2019-FY2023), the number of individuals sentenced for marijuana trafficking in federal court has declined by 66%, from 1,674 per year to 561. This decline is even sharper when considering longer term trends. In FY2014, 3,876 individuals were sentenced in federal court for marijuana trafficking (almost seven times higher than FY2023). By contrast, the total number of individuals sentenced for all federal drug trafficking offenses has declined more gradually over the past 10 years, from 21,152 in FY2014 and 19,765 in FY2019 to 18,939 in FY2023. As with other controlled substances obtained without a valid prescription, simple possession of marijuana carries a penalty of up to one year in prison and/or a minimum fine of $1,000. Possession of a personal use amount of marijuana and certain other controlled substances is subject to a civil penalty of up to $10,000. Relatively few offenders are sentenced for marijuana possession in federal court, and the majority of cases originate from the Southwest border. Federal crimes (and associated penalties) involving controlled substances, including marijuana, are not limited to the CSA, and can be found in other areas of the U.S. Code. For example, laundering money from controlled substance violations (see 18 U.S.C. § 1956) and smuggling controlled substances into the country via aircraft (see 19 U.S.C. § 1590) carry sentences of up to 20 years in prison. Changes to Criminal Penalties ii Rescheduled to Schedule III rijuana is Many CSA penalties for marijuana violations are written specifically for marijuana and are not tied to its Schedule I classification. If marijuana moves to Schedule III, those penalties would remain the same. Many CSA and other federal offenses associated with marijuana's general status as a controlled substance would also remain the same. For example, it is unlawful for any person knowingly or intentionally to possess a controlled substance unless such substance was obtained pursuant to a valid prescription from a medical practitioner. If marijuana moves to Schedule III, this does not mean that all marijuana products would be lawful to manufacture, distribute, or possess. The

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