With the passage of the Fair Sentencing Act of 2010 today by the House of Representatives, it is now headed to President Obama’s desk for certain signature within the next 10 days.
The Fair Sentencing Act will:
Replace the 100-to-1 ratio with an 18-to-1 ratio;
Raise the threshold for mandatory minimum sentences (28 grams would trigger a 5-year [...]
the Federal Sentencing Guidelines contain a 100:1 disparity between crack and powder cocaine. This legislation would:
1. reduce the current crack/powder disparity from 100:1 to 18:1;
2. eliminate a mandatory minimum sentence for simple possession (the threshold for a 5 year mandatory minimum would increase from 5 to 28 grams of crack; and
3. lower sentences of approximately 3,000 people each year and save the government an estimated $42 million in the first five years.
New Jersey drug defense attorney Howard Weiner discusses New Jersey’s new medical marijuana law, which will allow those living with chronic pain to legally obtain marijuana to alleviate their symptoms without fear of criminal prosecution.
The Department of Justice announced today that it will no longer seek to prosecute those who act in accordance with state law by using or distributing marijuana for medical purposes. The directive only affects those in the 14 states which currently have medical marijuana laws: Alaska, California, Colorado, Hawaii, Maine, Maryland, Michigan, Montana, [...]
On April 7, 2009, New York’s Legislature enacted historic revisions to the notoriously harsh Rockefeller Drug Laws. Many of the changes became effective immediately, applying to cases pending at the time the legislation was signed. As detailed in this 2009 Rockefeller Drug Law Reform Sentencing Chart, for most first time drug offenders, imprisonment is no [...]
For several years, it has been argued that the 100:1 ratio (crack vs. powder) contained in the Federal Sentencing Guidelines is inherently unfair, unreasonable, and racially motivated. As early as 1995, the Sentencing Commission proposed eliminating or reducing this ratio so that defendants being sentenced in cases involving crack and powder cocaine would be treated [...]
