“How can we move a brand new legislation, which says that marijuana possession is now not against the law, but go away so many serving lengthy sentences for that former crime in jail?”
By Craig Cesal
In 2002 I used to be convicted of conspiring to distribute marijuana, and though no particular person was harm, I used to be sentenced to life imprisonment with out the potential of parole. Many individuals reached out on my behalf to President Trump, and on his final day in workplace, he commuted my sentence to time served.
As I exited, my cellmate Joel seemed dejected. He was left behind to serve his new eighteen-year sentence for marijuana.
I at present correspond with over 220 federal marijuana prisoners, and I’m working to convey to them the identical help that introduced me dwelling.
Think about being in jail for against the law that the majority Individuals suppose is authorized. Why wouldn’t they? That’s what the headlines say. They see hashish dispensaries of their neighborhoods, or within the states close by each day.
Many federal marijuana prisoners need to yell out to them.
I understand how these prisoners really feel, and I can’t stop combating till they’re all dwelling, and may go to the dispensary themselves as effectively.
What’s Mistaken with the Hashish Administration and Alternative Act (CAOA)?
Final week the Hashish Administration and Alternative Act (CAOA) was filed in the US Senate. Though it’s marketed as offering aid to these federally imprisoned for marijuana, its provisions will solely present aid to a choose few.
As an illustration, Joel and his spouse, Valerie, will obtain no aid beneath the “retroactive” provisions of the invoice, since after their arrest a gun was discovered of their automotive. Even though they didn’t level or hearth the gun.
Others who I correspond with every day have extra counts of conviction as a result of they spent among the proceeds from distributing marijuana. Likewise, they bear convictions for cash laundering.
Many of those people would additionally obtain no aid if the invoice is enacted as written.
The invoice offers that if the marijuana prisoner additionally has one other rely of conviction—akin to being a felon in possession of a firearm, or possessing the firearm whereas possessing marijuana or laundering the proceeds—they’re usually precluded from aid. Even when no violent act was dedicated. The mere act of getting the gun in the identical dwelling is sufficient to earn a firearm rely of conviction.
The problematic part of the invoice is at web page 19 which states: “The sentencing courtroom shall enter an order vacating the conviction and sentence for any particular person convicted or sentenced…for any offense involving marijuana, or THC…and who isn’t serving a sentence for any conduct not lined by the act or serving a number of sentences.”
In mild of this provision, if the prisoner can be serving a sentence for laundering the proceeds, possessing a gun or importing the marijuana, they might obtain no aid.
Prisoners would proceed to serve their sentences for conduct which may now not be charged as against the law. It might now not be unlawful to spend marijuana proceeds, possess a firearm in the identical dwelling as marijuana and even possess imported marijuana—however our federal prisons would nonetheless incarcerate individuals who beforehand dedicated these now-legal acts.
The invoice offers that an individual serving a sentence unrelated to a marijuana offense, however the place their sentence was enhanced based mostly on a previous conviction for marijuana, can ask the courtroom to cut back their sentence if the prior conviction is vacated. That is correct, however offers no aid to these imprisoned for the marijuana, who even have one other rely of conviction, which isn’t a marijuana conviction akin to a gun cost or cash laundering. If a violent crime was dedicated, that legal conviction ought to stay, because it doesn’t depend on marijuana being unlawful. However different non-violent crimes that can’t exist after marijuana is permitted can’t stand.
I consider that every one counts of conviction that depend on marijuana having been unlawful—akin to possessing a gun and marijuana, laundering marijuana proceeds and extra—must be vacated as effectively. If these costs may now not be introduced if marijuana isn’t an unlawful managed substance, then that rely of conviction should be vacated, in addition to every other conduct that was found or charged as a part of the marijuana investigation and prosecution. Truthful is truthful.
The invoice, though it isn’t its intention, would go away many in jail for conduct which may now not be charged as against the law. All of those individuals should be assured aid as effectively, and I’ll battle for them till they’re all dwelling.
In the case of the gun problem, the US Sentencing Fee 2021 report has decided that three-fourths of those that possessed each marijuana and a firearm had been Black.
The outcomes of those charging choices, for regardless of the cause, go away many Black marijuana prisoners with out the potential of aid beneath the invoice.
Simply suppose, not way back, I used to be sitting on my bunk within the federal jail at Terre Haute, Indiana. In the course of the COVID lockdown, I watched “60 Minutes” via my cell window. The particular was about our nation’s marijuana develop operations. They confirmed individuals with rather more marijuana than I, Joel or Valerie ever seen, however we sat in jail whereas others are getting wealthy from the identical substance.
How can we move a brand new legislation, which says that marijuana possession is now not against the law, but go away so many serving lengthy sentences for that former crime in jail?
Particularly egregious is that the most important group of marijuana prisoners left behind is disproportionately Black. Many of those inmates are from our inner-cities the place it’s accepted an individual is healthier to be caught with a firearm, than to be caught with out one.
I’ll proceed to think about myself a marijuana prisoner till I can present aid to each federal marijuana prisoner held for against the law that the majority Individuals don’t consider is against the law.
To my information, no prisoner participated within the drafting of this invoice, though they’re essentially the most impacted by it. I ask that I be allowed a seat on the dialogue desk in order that precise marijuana prisoners will likely be represented and thought of within the legalization dialogue.
I communicate with many, many marijuana prisoners, their households and even their attorneys day by day. It’s critical that their voices must be heard within the hearings which is able to decide which individuals will keep in jail for marijuana, and which is able to get to go dwelling.
Craig Cesal served time in federal jail after being convicted of conspiring to distribute marijuana. His sentence was commuted by then-President Donald Trump.
Picture parts courtesy of rawpixel and Philip Steffan.