Marijuana Trafficking

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Of the 66,662 cases reported to the Commission in fiscal year 2025, 16,234 involved drugs.1 Of those, 16,144 cases involved drug trafficking;2 2% of such cases involved marijuana (down 62% since fiscal year 2021).3

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Individual and Offense Characteristics

 

 

  • 88% of individuals sentenced for marijuana trafficking were men.
     
  • 42% were Black, 30% were Hispanic, 15% were White, and 12% were Other races.
     
  • Their average age was 36 years. 
     
  • 80% were United States citizens.
     
  • 64% had little or no prior criminal history (Criminal History Category I); 3% 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 (36%);
    • a leadership or supervisory role in the offense (11%).
       
  • Sentences were decreased for:
    • minor or minimal participation in the offense (10%);
    • meeting the safety valve criteria in the sentencing guidelines (36%).
       
  • The top six districts for marijuana trafficking offenses were:
    • Western District of Texas (43);
    • Southern District of Texas (38);
    • Eastern District of Virginia (27);
    • Eastern District of California (19);
    • Western District of Louisiana (18);
    • Western District of Oklahoma (18).

 

 

Punishment

 

  • The average sentence for individuals trafficking marijuana was 44 months.
     
  • 85% were sentenced to prison.
     
  • 34% were convicted of an offense carrying a mandatory minimum penalty; 58% of those individuals were relieved of that penalty.

 

Sentences Relative to the Guideline Range

 

  • 61% of sentences for marijuana trafficking were under the Guidelines Manual.
    • 40% were within the guideline range.
       
    • 18% were substantial assistance departures.
      • The average sentence reduction was 74%.
         
    • 1% were Early Disposition Program (EDP) departures.4,5
       
    • 2% were some other downward departure.
      • The average sentence reduction was 36%.
         
    • Less than 1% were upward departures
       
  • 39% of sentences for marijuana trafficking were variances.
    • 35% were downward variances.
      • The average sentence reduction was 53%.
         
    • 4% were upward variances.
      • The average sentence increase was 47%.

 

 

 

 

  • The average guideline minimum and the average sentence imposed have increased over the past five years.
    • The average guideline minimum increased from 41 months in fiscal year 2021 to 62 months in fiscal year 2025. 
       
    • The average sentence imposed increased from 30 months in fiscal year 2021 to 44 months in fiscal year 2025. 

 

 

 

1 Drug offenses include cases where individuals were sentenced under USSG Chapter Two, Part D (Drugs). There were 389 individuals sentenced for marijuana offenses under USSG Chapter Two, Part D (Drugs) in FY 2025.

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.

5 The Commission does not report the average for categories with fewer than three cases.

SOURCE: United States Sentencing Commission, FY 2021 through FY 2025 Datafiles, USSCFY21-USSCFY25.

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