{"id":49480,"date":"2021-08-17T14:13:58","date_gmt":"2021-08-17T22:13:58","guid":{"rendered":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/2021\/08\/17\/scotus-justices-marijuana-comments-should-help-federal-prisoner-win-freedom-attorney-says\/"},"modified":"2021-08-18T01:45:36","modified_gmt":"2021-08-18T09:45:36","slug":"scotus-justices-marijuana-comments-should-help-federal-prisoner-win-freedom-attorney-says","status":"publish","type":"post","link":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/2021\/08\/17\/scotus-justices-marijuana-comments-should-help-federal-prisoner-win-freedom-attorney-says\/","title":{"rendered":"SCOTUS Justice\u2019s Marijuana Comments Should Help Federal Prisoner Win Freedom, Attorney Says"},"content":{"rendered":"<\/p>\n

Lawyers for a man serving time in federal prison for operating a state-legal medical marijuana dispensary are making the case that a U.S. Supreme Court justice\u2019s recent statement<\/a> denouncing the inconsistencies of federal cannabis policy underscore the need for the relief to be granted to their client.<\/p>\n

Luke Scarmazzo, who was sentenced to 22 years in federal prison while acting in compliance with California\u2019s marijuana laws, filed a motion for compassionate release in June. And his legal team recently submitted a supplementary brief that cites statements from one of the Supreme Court\u2019s most conservative justices, Clarence Thomas.<\/p>\n

While the high court recently declined to take up case related to an Internal Revenue Service investigation into tax deductions claimed by a Colorado marijuana dispensary, Thomas issued a statement that more broadly addressed the federal-state marijuana disconnect.<\/p>\n

Now, Scarmazzo\u2019s team is arguing that the U.S. District Court for the Eastern District of California should take the justice\u2019s comments into account when considering his motion for compassionate release. Scarmazzo was also one of numerous people incarcerated over marijuana who advocates sought a commutation for<\/a> from the Trump administration.<\/p>\n

Thomas wrote that the \u201ccontradictory and unstable state of affairs strains basic principles of federalism and conceals traps for the unwary,\u201d adding that \u201cthough federal law still flatly forbids the intrastate possession, cultivation, or distribution of marijuana,\u201d the government \u201chas sent mixed signals on its views.\u201d<\/p>\n

The new brief from Scarmazzo\u2019s attorneys notes that the court has authority to grant relief if there is \u201cextraordinary and compelling reason,\u201d and it lists a number of circumstances that the defendant\u2019s counsel say meets that standard. That includes the fact that Scarmazzo\u2019s father was diagnosed with bone marrow cancer and he has the blood type to provide a transplant, and also that his sentence would have been reduced under criminal justice reform legislation passed by Congress last session.<\/p>\n

\u201cThe judge in Luke\u2019s case has an opportunity to correct a massive injustice,\u201d Weldon Angelos, who received a pardon for his own marijuana-related conviction from President Donald Trump and has become a leading advocate to win relief for other people impacted by federal cannabis prohibition, told Marijuana Moment.<\/p>\n

\n

Luke is serving 22 years for doing something that thousands of cannabis dispensaries are doing every day who are not subject to federal prosecution. The last 2 presidents failed to intervene and now we are using the #FirstStepAct<\/a> to convince a federal judge to finally free him. https:\/\/t.co\/yuXBkmb2ph<\/a><\/p>\n

\u2014 Weldon Angelos (@weldon_angelos) August 17, 2021<\/a><\/p>\n<\/blockquote>\n

\n

\u201cBoth Obama and Trump passed on correcting this injustice but the district court\u2014thanks to the First Step Act\u2014has the authority to find that Luke\u2019s situation presents extraordinary and compelling circumstances justifying a reduced sentence,\u201d he said, referring to sentencing reform legislation signed by Trump. \u201cThe legal landscape around marijuana has changed so much since Luke was prosecuted that he could not even be prosecuted today. We hope the judge finds that fact alone to be compelling.\u201d<\/p>\n

The crux of the new brief from Scarmazzo\u2019s lawyers concerns Thomas\u2019s statement in the unrelated IRS case.<\/p>\n

Attorneys asserted that the justice\u2019s comment \u201cis an acknowledgement by the highest court in the land of the monumental change that has occurred throughout the nation in the attitudes and laws governing marijuana, and therefore provides further, compelling, support to the extraordinary and compelling reason the defendant should be eligible for Compassionate Release based on a change in law.\u201d<\/p>\n

\u201cWhile Justice Thomas\u2019s opinion does not embody the resolution or determination in a specific case, his opinion rests upon a solid foundation and is no less applicable to the Defendant\u2019s case,\u201d it continues. \u201cThomas felt compelled under the circumstances to expound upon the history and current state of the federal prohibition on cultivation and use of marijuana, the many changes to the laws at the state level, and the contradictory federal marijuana policy that are virtually unsustainable at this point.\u201d<\/p>\n

\u201cThis court should join the majority of District Courts who have granted Compassionate Release when the law has changed, and reform has occurred. Since the long sentence is not consistent with the current state of law, or the sentences imposed upon his co-defendants, and since he may provide life saving support to his father, Mr. Scarmazzo should be granted compassionate release.\u201d<\/p>\n

The Biden administration has also been pressed on Scarmazzo\u2019s case<\/a>, with a reporter citing his circumstances in a question to White House Press Secretary Jen Psaki during a briefing in April.<\/p>\n

\u201cGiven, as you\u2019ve noted in the briefing, the president\u2019s support for decriminalization, support for expunging exactly these types of offenses, are there any plans to revisit some of those bids for clemency?\u201d the reporter asked at the time.<\/p>\n

\u201cWell, I would just take it as an opportunity to reiterate that the president supports legalizing medicinal marijuana,\u201d Psaki said. \u201cIt sounds like this would have been applicable in this case, and of course decriminalizing marijuana use and automatically expunging any prior criminal records. In terms of individual cases, I can\u2019t get ahead of those obviously.\u201d<\/p>\n

Psaki did say last week that the president is looking into using his executive authority to grant clemency to people with certain non-violent drug convictions<\/a>.<\/p>\n

Asked about plans for federal inmates who were released to home confinement during the outbreak of the coronavirus pandemic but who will have to return behind bars, Psaki said the administration is \u201cworking hard every day to reform our justice system in order to strengthen families, boost our economy, give people a chance at a better future.\u201d<\/p>\n

Read the brief on Scarmazzo\u2019s marijuana case and Justice Thomas\u2019s statement below:\u00a0<\/strong><\/p>\n

\n

Scarmazzo Post-Hearing Brief<\/a> by Marijuana Moment<\/a><\/p>\n

\n

GOP Senator Promises To Press DEA About Medical Marijuana Exemption For His State<\/a><\/p>\n<\/blockquote>\n

\n

Photo elements courtesy of rawpixel<\/a> and Philip Steffan<\/a>.<\/em><\/p>\n

The post SCOTUS Justice\u2019s Marijuana Comments Should Help Federal Prisoner Win Freedom, Attorney Says<\/a> appeared first on Marijuana Moment<\/a>.<\/p>\n


\n
\nRead More: SCOTUS Justice\u2019s Marijuana Comments Should Help Federal Prisoner Win Freedom, Attorney Says<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

Lawyers for a man serving time in federal prison for operating a state-legal medical marijuana dispensary are making the case that a U.S. Supreme Court justice\u2019s recent statement denouncing the inconsistencies of federal cannabis policy underscore the need for the relief to be granted to their client. Luke Scarmazzo, whoContinue Reading<\/a><\/span><\/p>\n","protected":false},"author":458,"featured_media":0,"comment_status":"false","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[18,81],"tags":[],"_links":{"self":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/49480"}],"collection":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/users\/458"}],"replies":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/comments?post=49480"}],"version-history":[{"count":1,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/49480\/revisions"}],"predecessor-version":[{"id":49481,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/49480\/revisions\/49481"}],"wp:attachment":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/media?parent=49480"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/categories?post=49480"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/tags?post=49480"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}