Rep. Cohen Calls on Trump to Commute Non-Violent Marijuana Sentences

Cohen Targets Federal Clemency Power

Rep. Steve Cohen urged President Trump to exercise his constitutional clemency authority to release federal marijuana prisoners whose offenses wouldn't be crimes in most states. Cohen, who represents Tennessee's 9th congressional district and serves on the House Judiciary Committee, made the public appeal through The Commercial Appeal on May 26. The Tennessee Democrat has pushed federal cannabis reform for years, introducing marijuana legalization bills in prior congressional sessions.

The call targets individuals serving federal sentences for marijuana possession, distribution, or cultivation offenses that carry no violence component. Cohen's statement didn't specify how many prisoners would qualify. But federal Bureau of Prisons data from early 2026 showed approximately 2,800 inmates incarcerated on cannabis-related charges in federal facilities—a decline from a 2015 peak of over 4,000 but still substantial despite state-level legalization in 38 states and the District of Columbia.

Presidential Clemency Record on Cannabis Offenses

President Trump issued blanket pardons for simple federal marijuana possession in October 2022 during his first term, but those pardons didn't extend to distribution or cultivation offenses. The 2022 action, which mirrored a similar pardon issued by President Biden in the same month, affected fewer than 100 individuals because simple possession cases are rarely prosecuted at the federal level. Cohen's current appeal would require Trump to go further. It would mean commuting sentences for non-violent distribution and cultivation convictions, which carry mandatory minimum sentences under federal law.

Trump hasn't publicly indicated whether he'll expand his use of clemency for cannabis offenses in his current term. The president retains unilateral authority under Article II of the Constitution to grant pardons and commutations for federal crimes. For background on prior executive actions, see the CannIntel topic hub on federal marijuana pardons and commutations.

Federal Sentencing Disparity Widens

The gap between state and federal cannabis enforcement has created a two-tier system. Identical conduct results in freedom in one jurisdiction and years of incarceration in another. A 2025 analysis by the Sentencing Project found that the median federal sentence for marijuana trafficking was 36 months, compared to probation or diversion in states with legal adult-use markets. Mandatory minimums under 21 U.S.C. § 841 require five-year sentences for offenses involving 100 kilograms or more of marijuana, with no judicial discretion for downward departure absent a government motion.

Cohen's appeal arrives as Congress debates broader cannabis reform legislation, including the Cannabis Administration and Opportunity Act, which would deschedule marijuana and expunge certain federal convictions. That bill remains stalled in committee. No floor vote is scheduled. The next signal to watch: whether the White House responds to Cohen's public call or whether advocacy groups escalate pressure through coordinated clemency petitions filed directly with the Office of the Pardon Attorney.