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Mandatory Sentencing

Doing the time, when you really didn't do a crime

Mandatory minimum sentencing didn't start with Reagan's War On Drugs. The Boggs Act of 1951 named for its sponsor Rep. Boggs (D-La.), carried mandatory minimum sentences. It was repealed in 1973 because the sentences had no deterrent value(1 ). The act incarcerated people for two to five years for possession of marijuana or Heroin (2 ).

The Narcotic Control Act of 1956 allowed federal agents to "make [warrantless] arrests" when there were "reasonable grounds to believe" the person was transporting drugs(3 ). This statute also had mandatory minimum sentencing (4 ).

The US Congress repealed most the mandatory Minimum sentences that existed with the passage of Comprehensive Drug Abuse Prevention and Control Act of 1970(5 ).

Donnie Clark grew marijuana from 1979-85, then he was arrested and received a two year house arrest sentence. After this Donnie stopped growing. In 1990 the feds came to Mayakka county and arrested 28 people including Donnie Clark for conspiracy to grow more than 1 million plants, which carries a life sentence. Despite the fact he stopped growing after his arrest Donnie will have to spend rest of his life behind bars (6 ).

O. Maffett Pound, Maffett a 52 year old resort owner in Mississippi. Bought 300 pounds of Marijuana to use or sell to his friends over a 3 year period. He was turn in by one of his buyers. Maffet's wife was sentenced to 5 years in prison for not turning in her husband. She did not smoke cannabis(7 ).

Nicole Richardson, fell in love with a small time drug dealer. Soon after the boyfriend started selling LSD. One of the boyfriends customers was a DEA agent, and he was busted. A deal was struck for the boyfriend to cooperate with the DEA. So the Boyfriend called Nicole and ask where he could contact his LSD supplier to pay back an old debt. Under the DEA setup Nicole was arrested for conspiracy to distribute LSD. But Nicole didn't have anything of value for the DEA so no deal was made. Jeff received 5 years for his part reduced because of his cooperation. Nicole however got a 10 year sentence (8 ).

Scleroderma suffer who found relief in cannabis, Joseph Hutchins was sentenced to two years in prison with all but 30 days suspended( 9 ).