Marijuana Trafficking

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Of the 61,678 cases reported to the Commission in fiscal year 2024, 18,150 involved drugs.1 Of those, 18,029 cases involved drug trafficking;2 2.6% of such cases involved marijuana (down 57.9% since fiscal year 2020).3

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Individual and Offense Characteristics

 

 

  • 92.2% of individuals sentenced for marijuana trafficking were men.
     
  • 34.5% were Hispanic, 32.0% were Black, 24.4% were White, and 9.1% were Other races.
     
  • Their average age was 36 years. 
     
  • 74.1% were United States citizens.
     
  • 69.1% had little or no prior criminal history (Criminal History Category I); 2.2% were individuals sentenced under the career offender guideline (§4B1.1). 
     
  • The median base offense level in these cases was 24, corresponding to between 100 and 400 grams of marijuana.
     
  • Sentences were increased for:
    • possessing a weapon (30.3%);
    • a leadership or supervisory role in the offense (8.4%).
       
  • Sentences were decreased for:
    • minor or minimal participation in the offense (12.3%);
    • meeting the safety valve criteria in the sentencing guidelines (43.3%).
       
  • The top five districts for marijuana trafficking offenses were:
    • Southern District of Texas (56);
    • Western District of Texas (37);
    • Western District of Missouri (27);
    • Eastern District of Texas (25);
    • Eastern District of Virginia (23).

 

 

Punishment

 

  • The average sentence for individuals trafficking marijuana was 37 months.
     
  • 85.3% were sentenced to prison.
     
  • 41.0% were convicted of an offense carrying a mandatory minimum penalty; 71.6% of those individuals were relieved of that penalty.

 

Sentences Relative to the Guideline Range

 

  • 60.0% of sentences for marijuana trafficking were under the Guidelines Manual.
    • 35.2% were within the guideline range.
       
    • 20.5% were substantial assistance departures.
      • The average sentence reduction was 71.7%.
         
    • 0.0% were Early Disposition Program (EDP) departures.4
       
    • 4.3% were some other downward departure.
      • The average sentence reduction was 59.9%.
         
    • 0.0% were upward departures
       
  • 40.0% of sentences for marijuana trafficking were variances.
    • 35.6% were downward variances.
      • The average sentence reduction was 49.0%.
         
    • 4.3% were upward variances.
      • The average sentence increase was 145.5%.

 

 

 

 

  • The average guideline minimum and the average sentence imposed have increased over the past five years.
    • The average guideline minimum increased from 38 months in fiscal year 2020 to 52 months in fiscal year 2024. 
       
    • The average sentence imposed increased from 29 months in fiscal year 2020 to 37 months in fiscal year 2024. 

 

 

 

1 Drug offenses include cases where individuals were sentenced under USSG Chapter Two, Part D (Drugs). There were 471 individuals sentenced for marijuana offenses under USSG Chapter Two, Part D (Drugs) in FY 2024.

2 Individuals sentenced for drug trafficking were sentenced under USSG §§2D1.1 (Drug Trafficking), 2D1.2 (Protected Locations), 2D1.5 (Continuing Criminal Enterprise), 2D1.6 (Use of a Communication Facility), 2D1.8 (Rent/Manage Drug Establishment), 2D1.10 (Endangering Human Life), or 2D1.14 (Narco-Terrorism).

3 Cases with incomplete sentencing information were excluded from the analysis.

4 “Early Disposition Program" (or EDP) departures are departures where the government sought a sentence below the guideline range because the defendant participated in the government’s Early Disposition Program, through which cases are resolved in an expedited manner. See USSG §5K3.1.

SOURCE: United States Sentencing Commission, FY 2020 through FY 2024 Datafiles, USSCFY20-USSCFY24.

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