Fact & Fiction : Our Jails are NOT Full of Users

whitehousedrugpolicy

Caption: Fiction Number 5: Our jails are full of people who were arrested for simply using drugs. Fact: The vast majority of prison inmates there on federal and state marijuana charges are major traffickers and distributors.

• It is extremely rare for anyone, particularly first offenders, to be sent to jail for merely possessing marijuana. The numbers speak for themselves. According to the U.S. sentencing commission, of all drug defendants sentenced in federal court for marijuana offenses in 2003, only 10.3 percent (698 people) were sentenced for simple possession.

• Major marijuana traffickers who are investigated and convicted in the federal system are sentenced using federal marijuana penalties.

• According to the U.S. Sentencing Commission, over 89% of the almost 7,000 offenders sentenced on marijuana charges in 2003 were traffickers.

• A significant number of people who do end up in prison for marijuana possession had their charges reduced to possession through a plea bargain process. These individuals were most likely arrested for trafficking offenses but cooperated with law enforcement and received reduced sentences.

• Many non-violent drug offenders, particularly first time offenders, are given options, including drug treatment through drug courts.

• Many arrestees test positive for drugs at the time of their arrests.

Image: Fence wires. Caption: Two-thirds of nonviolent offenders discharged from prison indicated they had been using illegal drugs in the month preceding the commitment offense.

• Criminal behavior is related to drug use, and the studies back that up. For example, a criminal justice study indicates that "nearly two-thirds of nonviolent offenders discharged from prisons indicated they had been using illegal drugs in the month preceding the commitment offense, and about 4 in 10 reported using drugs at the time of the offense." (source: Bureau of Justice Statistics, Survey of Inmates in State Correctional Facilities, 1997).

• The length of jail time for those found guilty of major Federal drug crimes is determined by a Federal District Court judge who applies the U.S. Sentencing Guidelines which factor in applicable mandatory minimum sentences, any prior criminal history the offender may have, and any mitigating or other aggravating circumstances bearing upon the offender's conduct.

• In 2003, the average length of imprisonment for all marijuana offenders, including traffickers, was 21 months. (source: U.S. Sentencing Commission, 2003).