No one should be going to federal prison for cannabis — especially in Colorado, where the plant commands a $2 billion industry. And yet it’s still happening.
Coloradans will be surprised to learn that our U.S. Attorney’s Office has targeted low-level residential marijuana growers for federal prosecution, some of whom receive ten-year mandatory prison sentences. Data reveal those prosecuted are disproportionately people of color and immigrants. Meanwhile, the feds turn a blind eye to the predominantly white-owned cannabis businesses making billions despite violating those same federal laws as the small-time unlicensed grower. Some get rich, and some go to prison for years, despite violating the exact same federal laws.
Prosecutorial discretion is the reason for this. Prosecutors have the power to decide what kind of cases to investigate, who to prosecute and what sentences to seek. Federal prosecutors can target resources where needed and leave states to handle local matters. The U.S. Attorney can decline to focus on drug cases at all — and may instead focus on police violence and civil rights violations, or cybercrime, or domestic terrorism, or other challenges facing communities.
Declining to prosecute federal marijuana offenses is particularly appropriate given the widespread support for legalization nationally and proposals for federal legalization, which appears to be only a matter of time. Tone deaf, our U.S. Attorney continues to put certain people in…
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No one should be going to federal prison for cannabis — especially in Colorado, where the plant commands a $2 billion industry. And yet it’s still happening.
Coloradans will be surprised to learn that our U.S. Attorney’s Office has targeted low-level residential marijuana growers for federal prosecution, some of whom receive ten-year mandatory prison sentences. Data reveal those prosecuted are disproportionately people of color and immigrants. Meanwhile, the feds turn a blind eye to the predominantly white-owned cannabis businesses making billions despite violating those same federal laws as the small-time unlicensed grower. Some get rich, and some go to prison for years, despite violating the exact same federal laws.
Prosecutorial discretion is the reason for this. Prosecutors have the power to decide what kind of cases to investigate, who to prosecute and what sentences to seek. Federal prosecutors can target resources where needed and leave states to handle local matters. The U.S. Attorney can decline to focus on drug cases at all — and may instead focus on police violence and civil rights violations, or cybercrime, or domestic terrorism, or other challenges facing communities.
Declining to prosecute federal marijuana offenses is particularly appropriate given the widespread support for legalization nationally and proposals for federal legalization, which appears to be only a matter of time. Tone deaf, our U.S. Attorney continues to put certain people in…
