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%.
- 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%.
- The average sentence reduction was 59.9%.
- 0.0% were upward departures
- 35.2% were within the guideline range.
- 40.0% of sentences for marijuana trafficking were variances.
- 35.6% were downward variances.
- The average sentence reduction was 49.0%.
- The average sentence reduction was 49.0%.
- 4.3% were upward variances.
- The average sentence increase was 145.5%.
- 35.6% were downward variances.
- 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.
- The average guideline minimum increased from 38 months in fiscal year 2020 to 52 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.