LET
ME ADDRESS THE ELEPHANT IN THE ROOM
NONVIOLENT MARIJUANA OFFENDERS WITH LIFE
Many years ago I started to look for nonviolent
marijuana offenders with sentences of life without parole. It was an obsession since my youngest brother
had received this sentence as a first time nonviolent marijuana offender and we
couldn’t believe that the sentence was possible. His appeals were all completed and all relief
denied. That was when I thought I
should become educated.
I used the
phrase marijuana offenders with life sentences.
The feedback was quick, unmistakable and emphatic. Marijuana offenders do not receive life
sentences unless they are violent.
At that time no one believed that marijuana
offenders could receive life sentences when there was absolutely no violence,
so I added Nonviolent Marijuana
Offenders sentenced to Life for Pot.
I did not receive push back against the phrase
nonviolent marijuana offenders for a while, but as advocacy groups broke out
other categories for sentencing relief: eg. Crack cocaine disparity, juveniles, women, minorities, etc., they
would not talk about the category of nonviolent marijuana offenders with life
and other egregious sentences as a category.
I know that when people read about a marijuana offender with a life
sentence they immediately believe that there are dead bodies. I know this because I have had to respond to
this continually over the years.
I understand why criminal justice reform advocates
do not want to say nonviolent marijuana offenders – it implies that people with
violence in their case are not worthy of relief, conversely I know that saying
Marijuana offenders with life sentences implies to most people that there are
dead bodies. This is especially true in
the current climate of legalization. How
can we to tell the story of this egregious sentencing without being able to
describe the offence, the person and the charge? Telling the story of these individuals does
not interfere with advocating for sentencing relief for other categories.
I am somewhat convinced that the inability to talk
about this category has been responsible for this category of people being the Prisoners
Left Behind.
They were under represented in clemencies granted by
CP-14 as only 11 marijuana offenders with life sentences were granted
commutations from President Obama out of the 1,715 commutations granted. The category of marijuana offenders is not
addressed in the First Step Act. The
public still does not believe there are nonviolent marijuana offenders with
life sentences. Most people that contact me believe that the first step act
gives sentencing reductions to all that I advocate for. They believe this because it is natural
category for relief.
Even today, when advocates are asked about
nonviolent marijuana offenders serving life sentences they can’t advocate for
the category, but say things like well, they were kingpins. That seems to be how they justify not
acknowledging the category. It’s painful
and the result has been that this category has not been included in lobbying for
sentencing relief and clemency.
A much better way to talk about why they have life
sentences would be to explain that they are victims of the trial penalty. Almost all of
these individuals were charged with conspiracy and went to trial. This would be educational for those not
familiar with our criminal justice system, but the simple statement that they
were kingpins implies that the sentence is just and there is no need to modify
it. Being charged with a conspiracy and
going to trial is the perfect combination for an egregious sentence for a
nonviolent offense.
Please let us tell the story of this category of people who are serving life
and other egregious sentences for marijuana.
If we can’t do this they will be left behind by sentencing reform.
