Despite bipartisan congressional pleas, Marc Fogel, a U.S. citizen imprisoned in Russia for possessing medical marijuana obtained as a registered patient in Pennsylvania, was not included in a recent high-profile prisoner swap. Fogel, who used cannabis as an alternative to opioids for pain treatment, is serving a 14-year sentence for “drug smuggling” over a half-ounce of cannabis. As news of the prisoner swap emerged, Pennsylvania’s congressional delegation urged the Biden administration to secure his release.
While the release of Wall Street Journal reporter Evan Gershkovich and former U.S. Marine Paul Whelan brought relief, Fogel remains incarcerated. Pennsylvania lawmakers, including Sens. Bob Casey (D-PA) and John Fetterman (D-PA), and Reps. Mike Kelly (R-PA), Chris Deluzio (D-PA), and Guy Reschenthaler (R-PA), issued a press release on Thursday pushing for Fogel’s inclusion in any prisoner exchange. They emphasized Fogel’s severe health issues and his unjust imprisonment.
President Joe Biden, without mentioning Fogel by name, reiterated his commitment to reuniting wrongfully detained Americans with their families. “My Administration has now brought home over 70 such Americans,” Biden stated. “Still, too many families are suffering and separated from their loved ones, and I have no higher priority as President than bringing those Americans home.”
National Security Advisor Jake Sullivan mentioned that the administration intends to build on this latest prisoner swap, including efforts to secure Fogel’s release. However, a White House National Security Council spokesperson clarified to Marijuana Moment that Fogel has not been formally designated as wrongfully detained, a status that could escalate diplomatic efforts.
The State Department evaluates 11 criteria to determine wrongful detention, including impaired due process, arrest solely due to U.S. nationality, or innocence of charges. White House Press Secretary Karine Jean-Pierre confirmed ongoing efforts to secure Fogel’s release, engaging in active discussions to bring him home.
Sen. Casey expressed that the prisoner swap was “good news for Evan Gershkovich, Paul Whelan, and their families, but Marc Fogel is still sitting in a Russian prison.” He highlighted Fogel’s chronic health issues and the fears of his 95-year-old mother. Casey vowed to continue advocating for Fogel’s release, urging others to join in the effort.
Lawmakers have repeatedly called for the State Department to escalate Fogel’s case and formally designate him as wrongfully detained. They likened his situation to that of WNBA player Brittney Griner, who was released in a prisoner swap after being imprisoned in Russia for possession of cannabis oil.
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