Washington, DC: House Judiciary Chair F. James Sensenbrenner (R-WI) has reintroduced legislation in Congress that seeks to impose mandatory minimum sentences on defendants who furnish a controlled substance, including marijuana, to any individual under 18 years of age or who has previously been enrolled in a drug treatment program. The bill, H.R. 1528, was approved last week by the House Judiciary, Subcommittee on Crime, Terrorism, and Homeland Security, and is now pending before the full Committee.
Under H.R. 1528, any person age 21 or over who attempts or conspires to offer marijuana to someone younger than 18 years old shall face a mandatory sentence of 10 years in prison. The mandatory penalty for a subsequent violation of the statute is life in prison.
Defendants found to have distributed marijuana near a drug treatment facility, or who have offered it to someone who is currently or has previously been enrolled in drug treatment, would receive a mandatory prison sentence of five years to life under the proposal.
Sensenbrenner’s bill also seeks to impose mandatory minimum sentences on defendants who have manufactured or distributed marijuana near various public and private establishments, including libraries, daycare centers, and video arcades, as well as impose life imprisonment upon individuals convicted of their third drug felony.
NORML Executive Director Allen St. Pierre called Sensenbrenner’s proposal “draconian,” stating that it would shift sentencing discretion away from courts to prosecutors and would sharply increase the number of non-violent offenders in prison.
For more information, please contact Allen St. Pierre of NORML at (202) 483-5500. Additional information on H.R. 1528 is available on NORML’s website at:
http://capwiz.com/norml2/issues/alert/?alertid=7419321