Marc Fogel received a 14-year sentence for “large-scale drugs smuggling” after he was found in possession of just half an ounce of cannabis in Russia in August 2021. While legislators have made many attempts to assist Fogel in returning to the U.S., there has been little traction in the effort.

Most recently, the U.S. Senate approved S.Con.Res.18 on June 4, which argues that Fogel was using medical cannabis legally in Pennsylvania for a variety of pain he suffers from. “Marc Fogel has undergone three back surgeries, a spinal fusion, a hip replacement, and two knee surgeries to correct various injuries and health issues, which have left him with chronic back pain and a permanent limp,” the resolution stated. It continued to explain that Fogel chose not to rely on opioids to treat his pain, and instead was prescribed medical cannabis.

Unfortunately, the “Government of the Russian Federation has presented no evidence to the contrary,” but still sentenced Fogel to serve a sentence of 14-years in a Russian penal colony. 

Sponsor Sen. Bob Casey, spoke on the Senate floor on June 5 after the resolution had already passed. That pain came from a hip replacement. It came from multiple back surgeries, multiple knee surgeries, and a spinal fusion, which has left Marc with a permanent limp,” said Casey. “Marc’s worsening medical conditions and actions to bring in less than an ounce of marijuana into Russia should not require him to serve the full 14-year sentence and a Russian penal colony—14 years imprisonment for less than an ounce of marijuana.”

Casey also addressed that a Russian lawyer told Fogel’s family that low-level cannabis possession usually led to five years probation, and previous offenders have received a lesser sentence when more cannabis was involved. “Marc Fogel’s sentence is vastly disproportionate to the severity of his nonviolent crime, wildly dissimilar to the typical punishments for comparable offenses in Russia, and clearly motivated by ongoing political tensions between Russia and the United States,” the resolution explained.

It concludes by calling on Russia to release Fogel, for the U.S. to “press for his immediate release,” condemns Russia for detaining a U.S. citizen, calls for the release of other prisoners also serving “wrongful and unlawful” Russian prison sentences (citing Paul Whelan, Evan Gershkovich, Ksenia Khavana, Alsu Kurmasheva, and Vladimir Kara-Murza), and finally expressed “sympathy for and solidarity with” the families of those who have been detained and sentenced for various crimes.

S.Con.Res.18 was first introduced in June 2021, but the House bill H.Con.Res.60 has not yet been reviewed. “Marc Fogel has devoted his life to educating students around the world, from Pittsburgh to Oman to Venezuela to Moscow,” Casey said in a press release. “After nearly three years of captivity, Marc’s health is rapidly declining and his life is in danger. I urge President Biden and his administration to do everything possible to bring Marc home.”

The Senate resolution’s cosponsors include Sen. Steve Daines, Sen. John Fetterman, Sen. Jon Tester, Sen. Thomas Tillis, and Sen. Christopher Coons, each of which also presented a press statement about Fogel’s situation. “Marc Fogel’s imprisonment is unjust and unacceptable, and it has continued for far too long,” Tester said. “I’m glad to see our bipartisan resolution demanding his release pass the Senate, and I will continue pushing the Administration and using every tool at my disposal to secure his return and ensure this innocent American is finally reunited with his loved ones.”

Fetterman also explained the necessity of focusing on bringing Fogel home. “The passage of this resolution sends a very clear message: it’s time to bring Marc Fogel home,” Fetterman said. “Anyone who knows Marc—his family, friends, and students—will tell you about his infectious positivity and the countless lives he has changed in his 35 years of teaching. Marc and his family deserve to see each other again. We’ve seen the incredible work of the Biden Administration in bringing Brittney Griner and Trevor Reed home. Now let’s bring Marc home.”

Olympic athlete and WNBA All-Star Brittney Griner was detained in Russia for having cannabis oil in her luggage in February 2022. By August, a Russian court determined her guilty of violating the country’s law on cannabis and was sentenced to nine years in a Russian penal colony. Griner was eventually released in December 2022 in exchange for Russian arms dealer Viktor Bout. Now Griner is working with ESPN and Disney to produce a documentary about her experience. 

Trevor Reed allegedly assaulted two Russian police officers in 2019, and was imprisoned in 2020 with a nine-year prison sentence. In April 2022, he was released in exchange for Russian pilot and drug trafficker Konstantin Yaroshenko.

While Russia has sentenced many U.S. citizens to prison, the number of cannabis prisoners in the U.S. still remains a problem. Last October, the advocacy organization Last Prisoner Project highlighted the current status of cannabis prisoners in its “State of Cannabis Justice Report.” “As we mark the first anniversary of President Biden’s cannabis proclamation, Last Prisoner Project reaffirms its dedication to the pursuit of justice, equity, and compassion,” the announcement stated. “We remain committed to dismantling the harmful legacy of the War on Drugs and ensuring that those affected by cannabis prohibition are not forgotten.”

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On the anniversary of Brittney Griner’s release from a Russian prison, ESPN shared that Olympic athlete and WNBA All-Star Brittney Griner will be working with both ESPN Films and Disney to produce a documentary about her story. Griner was detained in Russia in March 2022 for being in possession of cannabis vape cartridges, but after many months of suffering in prison, was eventually released by December 2022.

“The last two years have been the most harrowing, transformative and illuminating period of my life, and I am grateful to be in a place now to share my story with the world,” Griner said. “I’m proud to partner with ESPN and Disney to share this very personal story because of its incredible potential to inspire hope around the world and their proven ability to do just that.”

Griner’s ongoing imprisonment was constantly in the headlines, with frequent updates about her case, including incomplete translations by her Russian/English translator, pleading and being found guilty in court, and being sent to a penal colony in an unknown location. Support came from many sources, such as LeBron James, Dennis Rodman, and President Joe Biden, but few were as prominent as Brittney’s wife, Cherelle. “Throughout BG’s detainment and in the time since, ESPN, ABC and Disney were supportive and caring in regards to the human side of this saga,” Cherelle Griner said. “Love and family were at the center of the fight to get BG home, and with that in mind, there is no better, more trusted partner to tell that story with us.”

ESPN described the story as a scripted series that will be developed by ABC Signature, and will also include an exclusive interview with Robin Roberts of ABC News. Griner’s agent, Lindsay Kagawa Colas, and Jon Leibman, Chairman and CEO of Brillstein Entertainment Partners, are executive producers on the project. In a press release, the project was also described as using “exclusive footage and rare archival material” to tell the story.

“Brittney is an exceptional athlete whose hardship and resilience are nothing short of extraordinary,” said Burke Magnus, president, Content, ESPN. “We are thrilled to be working with her to tell the nuances of her story and feel confident that this documentary will captivate audiences everywhere.”

“BG is a hero—across sport, culture, and humanity. We are privileged to serve as a part of her life’s storytelling journey, and to partner with her and Cherelle to bring Brittney’s legacy to audiences worldwide. Through Disney, ABC, and ESPN’s, global wide-ranging TV and film platform, Brittney’s story can be realized and experienced both creatively and realistically.”

“We are honored that Brittney has entrusted us to share her story of hope, faith and determination across our platforms,” said Debra O’Connell, president, Networks and Television Business Operations, Disney Entertainment. “Her unwavering perseverance that helped shape her as an athlete has now influenced her leadership as a human rights advocate.”

There’s no release date for the project at this time, or how prevalent the topic of cannabis will be approached, but she is expected to talk about “her advocacy for the release of other wrongful detainees.”

Marc Fogel, now 62 years old, is another U.S. citizen currently detained in Russia for cannabis possession, having originally been arrested in August 2021. The most recent news reports of Fogel’s imprisonment are from this summer, where Sen. Steve Daines and Sen. Jon Tester petitioned Biden for Fogel’s release. “One of the key differences between Brittney Griner and Mark Fogle’s cases is that less than three months after Griner’s arrest, the State Department classified her as wrongfully detained. Fogle deserves the same justice. And we should be using every tool at our disposal to bring him home,” Daines said, according to the Billings Gazette. “I’ve had the privilege of getting to know some of Mark’s family, some of whom are Montanans. They have been fierce advocates here stateside. But they fear they will never see their brother’s face again, or hear their father’s voice, and we can’t let that happen.”

It’s incredibly important to emphasize that “wrongful detainees” exist both abroad but also here in our own country. There are numerous U.S. prisoners serving sentences for cannabis convictions, a fact that was recently covered by Last Prisoner Project in its State of Cannabis Justice Report. “Justice is not achieved through mere legalization alone but by undoing the harms caused by cannabis prohibition,” Last Prisoner Project announced in October. “Twenty-four states have enacted cannabis-specific record clearance laws, and ten states have enacted cannabis-specific resentencing laws. Our report allows the public to compare, contrast, and learn more about each state’s effort to ameliorate the consequences of cannabis conviction.”

The study covered a large amount of data about prohibition, and a breakdown of each U.S. state’s legalization policies, pardon policies, and an overall grade. Only two states, California and Minnesota, received an A grade, while New Mexico, Maryland, and New York, received a B+. The states that received an F grade included South Carolina, Florida, Indiana, Nebraska, Iowa, Idaho, and Wisconsin.

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Brittney Griner is back on American soil following ten months in Russian custody on drug charges. But other U.S. citizens remain locked up in Russia, including a 61-year-old man whose detention mirrors the experience of Griner. 

Politico published a story last week on Marc Fogel, who was arrested last year after Russian authorities found medical marijuana in his possession. 

“Fogel’s case bears a striking similarity to Griner’s, which has captured national headlines since the WNBA star was detained in Russia in February 2022. Like Griner, Fogel — a 61-year-old history teacher from Pennsylvania who lived in Russia while teaching at the Anglo-American School in Moscow — was taken into custody by Russian authorities in August 2021 after customs officials at a Russian airport discovered around half an ounce of medical marijuana stashed in his luggage,” Politico reported. 

“The drugs had been prescribed to him by doctors in the U.S. to help treat chronic pain stemming from a series of injuries and operations, but Fogel’s reasons didn’t matter. Ten months later, in June 2022, a Russian court convicted him of drug trafficking charges and sentenced him to 14 years in prison. In October, Fogel was transferred from a Moscow detention center to one of Russia’s notorious penal colonies, where he is slated to serve the remainder of his sentence,” the outlet continued. 

Griner, a perennial all-star for the WNBA’s Phoenix Mercury and one of the most decorated women’s basketball players ever, was released last week after U.S. and Russian officials negotiated a prisoner swap. In exchange for the release of Griner, the U.S. agreed to free Viktor Bout, a Russian arms dealer who had been serving a 25-year prison sentence in the United States.

The deal drew some criticism from those who lamented the release of Bout, nicknamed the “Merchant of Death.” There was also disappointment that the U.S. was unable to also secure the release of Paul Whelan, a U.S. citizen who has been detained by Russia since 2018 on espionage charges.

U.S. officials sought a two-for-one deal –– Griner and Whelan in exchange for Bout –– but such an arrangement never materialized.

“We’ve not forgotten about Paul Whelan,” President Joe Biden said last week following Griner’s release. 

Griner was arrested at a Russian airport in February after officials found a small amount of cannabis oil in her luggage. She pleaded guilty to the charges, but said she did not intend to break the law. In August, a Russian court found her guilty and sentenced her to nine years in prison. 

Griner’s detention attracted international attention, and emerged as a diplomatic standoff between the United States and Russia. Foley’s case, meanwhile, has flown decidedly under the radar. 

“The State Department has not granted him “wrongfully detained” status, despite repeated appeals from a bipartisan group of lawmakers and Fogel’s lawyers. (A spokesperson for the State Department declined to comment on the specifics of Fogel’s case, saying: “The Department continuously reviews the circumstances surrounding the detentions of U.S. nationals overseas, including those in Russia, for indicators that they are wrongful.”) In the media, Fogel’s detention has been overshadowed by the coverage of Griner and Paul Whelan, an American businessman and former Marine who has been held in Russia since 2018 on espionage charges,” Politico reported last week.

“It’s a bit mysterious to me why we [aren’t] talking about three Americans — now, thankfully, two Americans — instead of just one,” said Michael McFaul, the former U.S. ambassador to Russia, told Politico. “He’s not just some random guy that got arrested — he was part of our community … He taught our kids, the kids of U.S. government officials and he taught our military’s kids.”

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Former U.S. Embassy diplomat Marc Fogel was recently sentenced to 14 years in prison for cannabis trafficking. Aside from his role at the U.S. Embassy, Fogel was working as an English teacher at the Anglo-American School in Moscow, Russia. On August 15, 2021, he was caught in possession of 17 grams (or 0.6 ounces) of cannabis in his luggage at the Sheremetyevo International Airport. He had diplomatic immunity until May 2021.

According to a recent Moscow court ruling, “The American citizen Fogel has been found guilty” because of “large-scale drugs smuggling, large-scale illegal storage of drugs without a commercial purpose.”

Fogel said that a doctor had recommended medical cannabis to him in the U.S. to treat pain that followed after he had spinal surgery. “He insists that it was medical marijuana and claims that a doctor prescribed it to him in the United States, which is allegedly confirmed by an entry in the medical record,” said Moscow human rights committee member Alexander Khurudzhi. Furthermore, Fogel argued that he did not know that medical cannabis was illegal.

A Russian news agency called Interfax reported that Fogel has plead guilty to these charges: “On June 16, 2022, the Khimki City Court of the Moscow region found U.S. citizen Marc Fogel guilty of committing crimes under Part 3 of Article 229.1 (drug smuggling), Part 2 of Article 228 (illegal acquisition, possession, transportation, manufacture, and processing of narcotic drugs) of the Russian Criminal Code, and sentenced him to 14 years’ imprisonment to be served in a high-security penal colony,” Interfax wrote.

This ruling occurred in the same jurisdiction that is discussing the detainment of WNBA athlete Brittney Griner, who was arrested for possession of vape cartridges in February. Most recently, Lebron James called out for support. “We need to come together and help do whatever we possibly can to bring BG home quickly and safely!! Our voice as athletes is stronger together,” James said on Twitter, in partnership with a support campaign called “We Are BG” from Uninterrupted.

“For over 100 days, BG has faced inhumane conditions in a Russian prison and has been denied communications with her family and loved ones,” Uninterrupted wrote and shared on social media. “As a decorated Olympian and member of an elite global sport community, BG’s detention must be resolved out of respect for the sanctity of all sport and for all Americans traveling internationally. It is imperative that the U.S. Government immediately address this human rights issue and do whatever is necessary to return Brittney home.”

According to TMZ, famous Boxer Roy Jones Jr. (who has dual citizenship in the U.S. and Russia) is currently assisting with getting Griner released. However, most recent coverage reports that Griner’s detention will last until at least July 7.

In Russia, both adult-use and medical cannabis is illegal. This isn’t the first time that cannabis has gotten foreign visitors to Russia in hot water. In 2019, a 26-year-old woman traveling from India to Israel was found in possession of nine grams of cannabis—to which she received over seven months of time in prison for drug trafficking (although she was pardoned by Russian President Vladimir Putin in January 2020). Similarly, a 19-year-old film student traveled to Russia with 19 grams of medical cannabis and spent a month in prison, and left with a 15,000 rubles fine ($230 in U.S. dollars).

In the case of Griner, U.S. Cannabis Council CEO Steven Hawkins told AZcentral.com that cannabis possession is frequently used as a way to convict targeted individuals. “In this case, Russian authorities appear to be using alleged cannabis possession as a pretext for holding a prominent American as leverage. Brittney Griner must not be used as a pawn by Russia. We urge the U.S. government to use all available channels to secure her speedy return home.”

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