Retroactivity and Drug Sentencing: The Through Line from Trump to Biden and Back

Abstract Over the past decade there has been a dramatic shift in rhetoric and framing of sentencing and broader criminal justice reforms from the first Trump administration to the Biden administration. Despite seemingly disparate stances on the issue, both administrations enacted progressive sentencing reforms specifically for drug offenses. As we enter a second Trump presidency, what potential reforms or rollbacks will we see for drug sentencing practices?

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Publication Details

Journal
Federal Sentencing Reporter
Published
2026-01-22
DOI
https://doi.org/10.1215/10539867-12110812
Primary Topic
Criminal Justice and Corrections Analysis
Type
article
Field-Weighted Citation Impact
0.00
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article

Retroactivity and Drug Sentencing: The Through Line from Trump to Biden and Back

Sarah Gersten
Federal Sentencing Reporter
Criminal Justice and Corrections Analysis
article

Retroactivity and Drug Sentencing: The Through Line from Trump to Biden and Back

Sarah Gersten
article en

Abstract

Abstract Over the past decade there has been a dramatic shift in rhetoric and framing of sentencing and broader criminal justice reforms from the first Trump administration to the Biden administration. Despite seemingly disparate stances on the issue, both administrations enacted progressive sentencing reforms specifically for drug offenses. As we enter a second Trump presidency, what potential reforms or rollbacks will we see for drug sentencing practices?

Federal Sentencing ReporterVol. 38(1)
Office of the General Counsel (US)
Peace, Justice and strong institutions
Openalex Percentile: Top 82%
Criminal Justice and Corrections Analysis
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Retroactivity and Drug Sentencing: The Through Line from Trump to Biden and Back — Sarah Gersten · Federal Sentencing Reporter (2026) | TGRS Research Map | TGRS