Sentencing Synthetic Cannabinoid Offenders: 'No Cognizable Basis'

American Criminal Law Review Online, Vol. 54 (2017)

8 Pages Posted: 20 May 2017  

Brad Gershel

Ballard Spahr LLP

Date Written: May 13, 2017

Abstract

Application of the United States Sentencing Commission Guidelines (“Guidelines”) to smokable synthetic cannabinoids (“SSC”) produces distinct but familiar inequities in the criminal justice system. Calling to mind the crack-to-cocaine disparity that belied the rights of countless defendants, the federal government has yet to rectify a Guidelines rule that was promulgated without scientific basis or empirical support. As prosecutions for SSC accelerate—and in the absence of swift and meaningful reform—federal courts will continue to sentence defendants via a base-offense range that was never justified.

Suggested Citation

Gershel, Brad, Sentencing Synthetic Cannabinoid Offenders: 'No Cognizable Basis' (May 13, 2017). American Criminal Law Review Online, Vol. 54 (2017). Available at SSRN: https://ssrn.com/abstract=2971025

Brad Gershel (Contact Author)

Ballard Spahr LLP ( email )

919 Third Avenue
New York, NY 10022
United States

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