In a unanimous vote, the U.S. House of Representatives approved a resolution to support Americans incarcerated in Russia. The House passed the measure introduced by Rep. Michael McCaul (R-TX) in a 422-0 vote on Tuesday.
A line in the resolution could extend to all Americans imprisoned in Russia, including those with cannabis-related offenses. The resolution says that the House “expresses continued support for all American citizens and lawful permanent residents detained in Russia and abroad, including Marc Fogel, who faces a politicized, excessive sentence for his alleged offense.”
Fogel is a 61-year-old American teacher who was arrested in Russia for possession of medical cannabis he legally obtained in Pennsylvania. Fogel is still imprisoned in Russia and is serving a 14-year sentence. Fogel’s detention has led to outcry from lawmakers, looking to enhance diplomatic measures to secure his release.
The topic was brought to the forefront last year, with the nearly 10-month incarceration of WNBA player Brittney Griner. Griner was traveling to play overseas in the offseason when she was detained at the airport. Officials allege they found vape cartridges containing cannabis oil in her luggage.
Griner faced a maximum sentence of 10 years, and her imprisonment similarly prompted government leaders and the public alike to push for her release. Griner was first detained on Feb. 17, 2022, and Russia ultimately freed her on Dec. 8 in a high-level prisoner exchange, releasing notorious Russian arms dealer Viktor Bout.
Officials like Sen. Steve Daines (R-MT) and former U.S. Ambassador to Russia Michael McFaul pointed out that Fogel’s charges are similar to Griner’s in a letter sent to Secretary of State Antony Blinken last week. The letter also requested that the government formally designate Fogel as wrongfully detained and to prioritize securing his release.
“We write to urge you to immediately designate Mr. Marc Fogel as wrongfully detained and prioritize securing his release. The top responsibility of any administration needs to be the safety and security of the American people and we cannot allow innocent Americans to be used as pawns for Putin’s ambitions. Mr. Fogel has strong family ties to our home state, and as sons of Montana, we request you take all appropriate actions to free Mr. Fogel and return him to American soil.”
Fogel was arrested in Aug. 2021 and sentenced in June 2022. Late last year, more than two dozen Congress members had also called on the State Department to escalate efforts surrounding Fogel’s release. They called his incarceration over medical cannabis used to treat chronic pain “unconscionable.” The White House also said last year it was investigating Fogel’s case, so the legislation could very well work in Fogel’s favor.
State Department spokesperson Ned Price explained that officials take an 11-point criteria into account when determining if a case amounts to a wrongful detention, in reference to Griner’s case. Some of the reasons include that an individual is being detained solely or largely because they are a U.S., to influence U.S. government policy or secure economic or political concessions from the U.S., in inhumane conditions or where due process of the law has been impaired.
Cannabis is illegal in Russia. Possession of any amount above seven grams is considered a criminal offense, but there are reports of arrests of people with lesser amounts who claim authorities exaggerated the true quantity.
“Large-scale” possession could result in a fine of up to 40,000 roubles, the equivalent amount of three months of the offender’s wages, up to 480 hours of compulsory work, up to two years of corrective labor and/or “restriction or deprivation of liberty” for up to three years (typically prison). An “especially large-scale” possession could mean a fine of up to 500,000 roubles, the equivalent of three years of the offender’s wages and/or restriction or deprivation of liberty for three to 10 years. Fogel had traveled with around 17 grams of cannabis.
Russia has taken a strong stance against cannabis reform at the international level through the United Nations. The country also condemned Canada for its decision to legalize adult-use cannabis nationwide.
