Fiction: Our Prisons Are Full of Drug Users

Fiction: Our prisons are full of people who were arrested for simply using drugs.

Fact: The vast majority of prison inmates who have federal and state marijuana charges are major traffickers and distributors.

It’s 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 2008, only 1.6% were sentenced for simple possession.¹

A significant number of people who were sent to 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.

Source Information

¹2008 Datafile, U.S. Sentencing Commission, USSCFY08