Pubdate: Fri, 27 Nov 2015 Source: Register Citizen (CT) Copyright: 2015 Register Citizen Contact: http://www.registercitizen.com Details: http://www.mapinc.org/media/598 Author: Anna Bisaro PROSECUTION OF MARIJUANA CASES RARE Culture Change Seen As Authorities Target Big Hauls, Weapons NEW HAVEN - A West Haven man charged with conspiring in a marijuana trafficking scheme in New Haven will stand trial in federal court in December. Jesse Wrubel was charged by a federal grand jury in February 2014 for being involved in a marijuana trafficking scheme involving 60 pounds of marijuana and three stolen firearms. His co-defendant, Matthew Voloshin, has elected to plead guilty and awaits sentencing. The two have been detained since Feb. 7, 2014. This case an example of the a very small number of marijuana-related prosecutions that make their way into U.S. Courts in the District of Connecticut. "It's been my experience that unless it's a very large amount of marijuana ... the feds don't really care," said Hugh Keefe, a prominent defense attorney based in New Haven. "Nor should they, frankly. They have enough to do." Keefe has defended cases in both state and federal courts. He said that the number of marijuana cases in federal court has declined dramatically in the last 25 years, whereas in the past, large marijuana trafficking cases would be more of a norm. "A lot of people think marijuana cases should be treated substantially differently than hard drug cases," Keefe said, adding that the culture surrounding the drug has changed. "The feds really have enough to do without fooling around with marijuana," he said. While the U.S. Drug Enforcement Agency cited marijuana as the "most widely available and commonly used illicit drug," in its latest National Drug Threat Assessment, the number of cases brought into federal courts across the country remains low in comparison to cases involving all other drugs, according to data from the Administrative Offices of the U.S. But while threat assessment noted that marijuana was easily available in New England, between June 30, 2014, and June 30, 2015, District Courts in the New England states filed 13 total marijuana cases. Only one of those cases was in Connecticut, based on reports from the Administrative Office of the U.S. New Hampshire logged the largest number of marijuana cases filed with seven and Rhode Island had zero for that time frame. As for harder drugs, the Administrative Office clumps "All Other Drugs" into one category. New England U.S. District Courts handled 561 cases in that category between June 30, 2014, and June 30, 2015, according to the data. Connecticut district courts processed 102 of those cases. When asked about the low number of marijuana cases prosecuted in U.S. District Courts in this state, Connecticut U.S. Attorney Deirdre Daly said that marijuana cases are often dealt with at the state level. Her office will generally only go after marijuana cases if they involve distribution of very large quantities of marijuana, money laundering, and/or the cases also involve possession of firearms, Daly said. Cases involving solely marijuana distribution, Daly said, fall under a different set of guidelines, outlined by Deputy Attorney General James Cole in April 2013. "The Department of Justice has historically not devoted resources to prosecuting individuals whose conduct is limited to possession of small amounts of marijuana for personal use on private property," Cole wrote in a memo to all U.S. Attorneys in April 2013. Generally, other drugs carry the potential for much greater punishments, according to the DEA website. Trafficking less than about 110 pounds of marijuana, or less than 49 marijuana plants, could mean a prison sentence of no more than five years and fines between $250,000 and $1 million, if it's a first offense. A first-time offender trafficking 2,200 pounds or more of the drug or 1,000 or more plants, could see a minimum sentence of 10 years and fines up to $10 million. On the other hand, a first-time offense for trafficking about 11 pounds of cocaine earns a minimum of 10 years in prison. District Courts across the country and in U.S. territories saw a total of 3,145 criminal marijuana cases filed between June 30, 2014, and June 30, 2015, according to the Administrative Office of the U.S, with the state of Texas logging the most cases of any state (1,252). The "All Other Drugs" category had 18,812 cases filed in the time. "The DEA has never focused on users and cultivators," said DEA spokeswoman Barbara Carreno. "We have always focused on the large scale." Carreno said that the DEA is tasked by Congress to use their limited resources to "focus on the largest, most important cases no matter what they are." "That can be marijuana," she added. While growing, possessing and distributing marijuana is still a federal crime, 20 states and Washington, D.C. have decriminalized those actions, often meaning that small infractions will incur no prison time. In addition, 23 states, including Connecticut, and Washington, D.C. have legalized medical use of marijuana. These varying state laws can make it difficult to investigate marijuana crimes, the threat assessment notes. It also makes the drug more common. "Likewise, the increased production and use of marijuana in those states with medical or retail marijuana laws is adversely affecting states in which marijuana remains an illegal substance," the report states. But the DEA has also received guidance in that area as well, Carreno said. The agency focuses primarily on investigating crimes that violate both state and federal law, which is relatively easy to do given that most states have fairly low limits for possession, she said. And the agency also tends to focus on investigating crimes where drugs are sold to minors, trafficking across state lines, and growing on federal land. Connecticut Under Secretary for Criminal Justice Policy and Planning Mike Lawlor said he did not believe that Connecticut was different than any other state and that marijuana use is likely pretty widespread. Most users are likely in possession of small amounts of marijuana, Lawlor said. "(U.S. Attorneys) are very picky about the cases they prosecute in federal court," Lawlor said. "We want to focus on violent crimes." - --- MAP posted-by: Jay Bergstrom