A Better Drug Guideline

Abstract The U.S. Sentencing Commission began the 2024–25 guideline amendment year by boldly stating its intent to examine the federal guidelines system and whether it was meeting its statutory goals. As part of that examination, it held a Drug Sentencing Roundtable to review and consider alternatives to the sentencing guideline applicable to federal drug-trafficking offenses. Despite hearing from experts with many ideas for significant reform to the guideline, the Commission chose a simpler path. It published a proposal that would just lower penalties for drug traffickers, and in particular for traffickers involved in the largest drug quantities. The Justice Department and the Criminal Law Committee of the Judicial Conference understandably opposed the proposal, and no overarching reform to the drug guideline was ultimately adopted. This article lays out a better drug guideline that doesn’t just tinker with the existing guideline but fundamentally restructures it. It is a proposal designed to garner support from all three branches of government and is worthy of further consideration to address the structural and long-standing flaws in federal drug sentencing policy.