October 30, 2013
Baltimore Sun praises federal sentencing judge for his part in a "national conversation about pot"I am intrigued and pleased to see this new Baltimore Sun editorial noting and praising the recent work by a Maryland federal district judge when sentencing a set of marijuana traffickers (first noted here). The editorial carries the headline "A national conversation about pot; Our view: Court's ruling in drug-smuggling case reflects the federal government's changing role in enforcing marijuana laws." Here is an excerpt:
A ruling handed down by a federal court this week strongly suggests that recent changes in state laws governing marijuana are now being reflected in how federal drug laws are enforced and will further change the conversation about marijuana use in America.
U.S. District Judge James K. Bredar acknowledged that new reality when he sentenced Scott Russell Segal this week to nearly five years in prison for his role in smuggling hundreds of kilograms of marijuana to Howard and Anne Arundel counties from California and New Jersey. Under federal sentencing guidelines Mr. Segal could have received eight to 11 years behind bars.
But the judge used his discretion to cut that penalty nearly in half, saying the federal government's response to the legalization of marijuana in some states had raised concerns of "equal justice" if federal law mandated significantly harsher punishments than state laws for the same crime. In doing so he clearly had in mind the Justice Department's recent announcement that it would not seek to block state laws legalizing marijuana for medical or recreational use....
Judge Bredar briefly wondered aloud whether underground sales of marijuana were comparable to the black market in untaxed cigarettes in terms of the seriousness of the threat posed to society. But the truth is that, unlike black market cigarettes, the gangs that deal in illegal marijuana have gotten a lot more violent in recent decades, a function of the widespread continuing limited supply and high demand for pot as well as of the easy availability of guns. That's a direct consequence of the drug's prohibition, just as the gang wars of the 1920s and '30s were a result of attempts to ban legal sales of alcohol. Part of the wisdom of Judge Bredar's ruling lies in the recognition that we don't want to repeat the same mistake again.
Overall, the court's decision was a reasoned attempt to take into account all these factors in order to balance the strict requirements of the law against changing public perceptions of marijuana's impact on public health and safety. Ultimately some new consensus about the benefits and dangers of legal marijuana will emerge and be codified in a coherent body of law. But we are not there yet, and until that happens cases like this will provide the forums through which our national conversation on the subject is conducted.
Recent related post:
- Do nationwide reforms now call for federal judges to sentence below the guidelines in all marijuana cases?
October 30, 2013 at 11:23 AM | Permalink
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