Of the 64,124 cases reported to the Commission in fiscal year 2023, 19,066 involved drugs.[1] Of those, 18,939 cases involved drug trafficking;[2] 3.0% of such cases involved marijuana (down 66.5% since FY 2019).[3]
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Individual and Offense Characteristics
- 91.1% of individuals sentenced for marijuana trafficking were men.
- 41.9% were Hispanic, 27.6% were Black, 21.2% were White, and 9.3% were Other races.
- Their average age was 35 years.
- 71.0% were United States citizens.
- 64.7% had little or no prior criminal history (Criminal History Category I); 2.0% 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 (31.1%);
- a leadership or supervisory role in the offense (7.4%).
- Sentences were decreased for:
- minor or minimal participation in the offense (19.0%);
- meeting the safety valve criteria in the sentencing guidelines (43.3%).
- The top five districts for marijuana trafficking offenses were:
- Western District of Texas (87);
- Southern District of Texas (80);
- District of South Carolina (26);
- Northern District of New York (19);
- Eastern District of California (18).
Punishment
- The average sentence for marijuana trafficking individuals was 37 months.
- 90.6% were sentenced to prison.
- 36.4% were convicted of an offense carrying a mandatory minimum penalty; 74.0% of those individuals were relieved of that penalty.
Sentences Relative to the Guideline Range
- Of the 66.5% of individuals sentenced for marijuana trafficking under the Guidelines Manual:
- 64.9% were sentenced within the guideline range.
- 28.1% received a substantial assistance departure.
- Their average sentence reduction was 64.9%.
- Their average sentence reduction was 64.9%.
- 1.1% received an Early Disposition Program (EDP) departure.[4]
- Their average sentence reduction was 75.2%.
- Their average sentence reduction was 75.2%.
- 4.4% received some other downward departure.
- Their average sentence reduction was 68.7%.
- Their average sentence reduction was 68.7%.
- 64.9% were sentenced within the guideline range.
- 33.5% received a variance; of those individuals:
- 90.3% received a downward variance.
- Their average sentence reduction was 52.5%.
- Their average sentence reduction was 52.5%.
- 9.7% received an upward variance.
- Their average sentence increase was 128.6%.
- 90.3% received a downward variance.
- The average guideline minimum and the average sentence imposed increased over the past five years.
- The average guideline minimum increased from 40 months in fiscal year 2019 to 50 months in fiscal year 2023.
- The average sentence imposed slightly increased from 31 months in fiscal year 2019 to 37 months in fiscal year 2023.
- The average guideline minimum increased from 40 months in fiscal year 2019 to 50 months in fiscal year 2023.
[1] Drug offenses include cases where individuals were sentenced under USSG Chapter Two, Part D (Drugs). There were 564 individuals sentenced for marijuana offenses sentenced under USSG Chapter Two, Part D (Drugs) in FY 2023.
[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 2019 through FY 2023 Datafiles, USSCFY19-USSCFY23.