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Current Felony Marijuana Inmates in the US Tops 135,000 BBSNews 2002-12-22 -- So often in drug policy a germ of an idea starts with one regular person, and one public official or another at the other end of the spectrum who could actually make positive policy changes happen. In this case a USENET poster named Dave recently wanted to know how many people are really behind bars for marijuana offenses in the United States? And on the other end are public officials such as DEA Administrator Asa Hutchinson who claimed on CNN's Crossfire "What I'm saying is that obviously it's another myth that we're locking up all the [marijuana] users and they're filling up our prisons. That's not the case. You still have to work pretty hard to get into prison for drug use today."(aa) This report, the first of two parts, illustrates how such a claim is not very believable. If one wanted to take all currently incarcerated felony marijuana offenders to a ball game they could fill two large sports stadiums. For instance, the Texas Stadium which houses the Dallas Cowboys and Ford Field, which hosts the Detroit Lions at 65,846 and 65,000 respectively.(ab) (Chart-1) To treat just the prisoners currently behind bars for felony possession only to a ball game you could fill all 50,000 seats at Trice Field, home of the Iowa State Cyclones.(ac) Key Findings in this Analysis:
Here we are going to look at who is really currently behind bars for state felony and federal marijuana offenses. How many are under lock and key preceding trial and sentencing at any given time for marijuana offenses? How many are in local jails, state prisons and probation and how much does all this cost? (Chart-3) How much do the initial arrests cost? This analysis relies heavily on data from the US Bureau of Justice Statistics(ae), FBI Uniform Crime Report data and other state and local governmental budgetary information with clear references included in each section. (aa) http://www.cnn.com/TRANSCRIPTS/0207/10/cf.00.html
(ab) http://www.worldstadiums.com/stadium_menu/stadium_list/60000.shtml
(ac) http://www.worldstadiums.com/stadium_menu/stadium_list/50000.shtml
(ad) http://www.fbi.gov/ucr/cius_01/01crime4.pdf
(ae) http://www.ojp.usdoj.gov/bjs/
Let's first get an idea of the scope of the American prison population. "Overall, the United States incarcerated 2,071,686 persons at yearend 2000." This includes Federal, State and territorial prisons, local and Indian country jails, INS, military and juvenile facilities. Current US drug policy continues to heavily fuel federal inmate populations: "Prisoners sentenced for drug offenses constitute the largest group of Federal inmates (61%) in 1999, up from 53% in 1990. On September 30, 1999, the date of the latest available data in the Federal Justice Statistics Program, Federal prisons held 68,360 sentenced drug offenders, compared to 30,470 at yearend 1990."(ad) According to the Sentencing Project, "The U.S. rate of incarceration is generally 5-8 times that of comparable industrialized nations such as Canada and the countries of western Europe."(ae) Currently it stands at 699 per 100,000 population while the nearest nation Russia, is at 644. (ad) http://www.ojp.usdoj.gov/bjs/pub/ascii/p00.txt
(ae) http://www.sentencingproject.org/brief/pub1044.pdf
$500 Million Per Year for Incarceration Costs "Between 1984 and 1999, the number of defendants charged with a drug offense in the Federal courts increased from 11,854 to 29,306. Of the 38,288 suspects referred to U.S. attorneys during 1999, 31% were involved with marijuana; 28%, cocaine powder; 15%, crack cocaine; 15%, methamphetamine; 7%, opiates; and 3%, other drugs." (Chart-4) "During 1999 criminal cases involving 28,432 defendants charged with a drug offense were concluded in U.S. district courts; 89% of defendants charged were convicted. ...About 60% of drug defendants adjudicated were detained between arrest and adjudication." Which would yield 25,304 total drug convictions. Federal convictions for marijuana offenses therefore resulted in about 8,162 marijuana cases or 31% of the total. "Nearly 9 in 10 of those convicted of a drug offense received a sentence that included imprisonment, 8% were sentenced to a term of probation, and 3% received another type of sentence such as a fine. The average prison term imposed during 1999 was 74 months."(1a) The report quoted above also makes note that federal prisoners are required to serve 87% of their sentence. That would work out to about 64 months. But the report also states elsewhere that "By contrast, those involved with marijuana received the shortest sentences, on average -- 34 months." Using the lower figure and given that these offenders will likely have to serve about 87% of their sentence, they will probably serve about two and a half years. Meaning that even as 8,162 people went to prison for felony marijuana charges in 1999 they were still there when the year 2000 crop came in and so on. It is fair to conclude then that there are at least as many as 24,488 in federal prison currently for marijuana offenses from based upon what was occuring during the years 1999-2001. Federal inmates also cost more to house, $22,174(1b) each, as compared to state/local populations. This federal detention of marijuana offenders over 1999-2001 cost over a half a billion dollars per year or $542,996,912. It cost more than $1.5 billion dollars to pay for housing more than 8000 inmates per year over the cumulative cycle of their incarceration. (1a) http://www.ojp.usdoj.gov/bjs/pub/ascii/fdo99.txt (1b) http://www.bop.gov/progstat/om019_02.pdf Marijuana Offenses at the State level $1.3 Billion in Yearly Costs The BJS reported in a 1998 Bulletin, Felony Sentences in State Courts, "A total of 927,717 persons were convicted of a felony in State courts in 1998, including 164,600 (or 17.8% of the total) for a violent felony; 283,000 (30.5%) for the property offenses of burglary, larceny, fraud, and forgery; 314,600 (33.9%) for drug offenses; and 31,900 (3.4%) for weapon offenses. The remaining 133,600 (14.4%) consisted of persons convicted of nonviolent offenses such as receiving stolen property and escaping custody. (Chart-5) Marijuana trafficking convictions were 2.5% of the conviction total, and marijuana possession convictions were 3.6% of the total." (Chart-6) Meaning 23,192 for marijuana trafficking (which often translates as gardening) and 33,397 felony convictions for marijuana possession for a total of 56,589 total felony marijuana convictions in state courts in 1998. 44% of drug offenders are sentenced to state prison meaning about 24,899 total marijuana offenders likely go to prison each year. The average drug sentence to prison was almost five years in 1998 yet according to the same report: "Felons convicted in State courts served a significantly smaller proportion of their total incarceration sentence. For instance, State prisoners (not including felons sentenced to jail) served about 47% of their total prison sentence in 1998.(2a)" Showing that when 1999's intake of convicted marijuana offenders were sentenced, the prior years intake were already incarcerated and serving out their time, which was likely to be about two years or less than half, or 47% of the average sentence being served. When 2000's intake arrived those convicted in 1998 were still finishing up their time meaning as many as 75,000 felony marijuana inmates could conceivably be incarcerated currently in state prisons alone. With drug prosecutions on the rise, it's not likely this number has decreased. Another 13,581 marijuana offenders are sentenced to local jail for stays of a year or less. The average time served in jail for such offenses usually being about 6 months. On average one could expect about half that total number being held in jail at any given time for a total of nearly 82,000 adults currently incarcerated in jails and state prisons for marijuana offenses. This brings the total likely number to local, state and federal inmates currently under detention for marijuana offenses at yearend 2000 to 106,278. About 15,000 in 1998 were serving time for possession alone. Which indicate about 45,000 adults are currently serving time for possession alone in state prisons with probably about 4,000 in local jails. Nearly 50,000 people are likely currently incarcerated for marijuana possession alone in state prisons and local jails. The average cost of housing such an inmate is $16,600(2b) each. Meaning as much as $1.36 billion dollars is spent each year to pay for marijuana offenders in local and state facilities. (2a) http://www.ojp.usdoj.gov/bjs/pub/ascii/fssc98.txt (2b) http://www.bop.gov/progstat/om019_02.pdf Marijuana Offenses at the Juvenile level Annual Costs of $200 Million "The number of offenders under age 18 admitted to State prison has more than doubled from 3,400 in 1985 to 7,400 in 1997, consistently representing about 2% of new admissions in each of the 13 years." Under 18's comprise about 0.5% of the state prison population. A percentage that stayed nearly the same from 1985 to 1997 with a spike upwards to 0.6% in 1993. "In 1997 law enforcement agencies made an estimated 2.8 million arrests of persons under age 18, including 123,000 arrests for violent Index offenses and 700,000 for property Index crimes. At yearend 1997 an estimated 100,510 persons under age 18 were in custody of adult or juvenile correctional facilities in the United States. About 86,000 or 86% of these offenders were held in public (64%) or private (22%) juvenile facilities, 9% were held in local jails, and 5% were confined in State prisons. (Chart-7) About 7 in 10 State inmates under age 18 in 1997 were incarcerated for a violent offense, including 37% for robbery, 13% for murder, and 13% for aggravated assault. An additional 15% of inmates under 18 were confined for property crimes, 11% for drug offenses, and 6% for public-order offenses.(3a)" (Chart-8) 11% works out to 11,056 under 18 inmates being held for drug charges at the end of 1997. The percentage of drug violators arrested across the United States each year is roughly divided between 20% for trafficking and 80% for possession. Slightly more than 5% out of those drug violators are arrested for marijuana trafficking while slighter more than 40% are arrested for marijuana possession.(3b) Applying that formula to the juvenile figure derived above, about 552 juveniles were likely behind bars for marijuana trafficking and 4,422 were serving time for marijuana possession in 1997. For a probable total of almost 5000 juveniles. Or about 110,506 total adults and juveniles behind bars for marijuana offenses in Federal, State, Local and Juvenile facilities. The average cost of housing a juvenile inmate in the US is estimated to be $40,124.25(*) (3a) http://www.ojp.usdoj.gov/bjs/pub/ascii/pspa1897.txt
(3b) http://www.ojp.usdoj.gov/bjs/dcf/enforce.htm
(*) An estimate of annual costs associated with juvenile incarceration of $40,124.25 was derived by averaging the following four figures from various state legislative and budget reports drawn from around the United States in Illinois, Arkansas, Arizona and Louisiana: (3c) - $42,297 http://www2.state.il.us/auditor/Corrections%2000.html
(3d) - $35,000 http://www.house.gov/judiciary/hard0225.htm
(3e) - $36,500 http://www.dot.co.pima.az.us/bonds/may97/page7-13.html
(3f) - $46,700 http://house.legis.state.la.us/housefiscal/pubs/SCOFA/corrections.pdf
Pre Sentence Incarceration in Marijuana cases Costs About $83 Million Per Year It's likely that a number of defendants in marijuana cases are currently in jail awaiting trial or sentencing. Not all get out on bail or a personal recognizance bond. From a BJS report using data from 40 of the 75 most populous counties: "From 1992 to 1998, the proportion of drug defendants increased from 30% to 37%. During this period, the percentage of defendants charged with a property crime decreased from 35% to 29%. The proportion of defendants charged with a public-order offense has remained at just under 1 in 10.(4a)" Which suggests that law enforcement resources may have shifted away from property crime more towards drug crime. "For about 3 in 8 defendants, the most serious arrest charge was a drug offense (37.1%). Nearly half (48%) of drug defendants were charged with drug trafficking. Overall, defendants were more likely to be charged with drug trafficking (17.7%) or other drug offenses (19.4%) than any other type of offense." Using BJS statistics above which show 56,589 defendants in 1998 were convicted of marijuana offenses; and relying on the pre trial report referenced below: "Of the defendants who had State felony charges filed against them in the Nation's 75 most populous counties during May 1998 - Thirty-six percent were detained until case disposition, including 7% who were denied bail." Suggesting about 12,022 state marijuana possession defendants and 8,349 marijuana trafficking defendants for a total of 20,371 are spending time behind bars prior to and regardless of case disposition in 1998. The stay for those released prior to trial and or sentencing is one day or less for about half of those released, within one week for 8 out of ten and the remaining 20% will be released within the month. The report also states: "For 54% of felony defendants in the 75 largest counties, adjudication of their case occurred within 3 months of arrest, and 75% of cases were adjudicated within 6 months of arrest. By the end of the 1-year study period, 90% of all cases had been adjudicated." This finding indicates that thousands of marijuana possession defendants each year go through the arrest and period of incarceration awaiting release if one can make bail and then they may wait as long as 6 months or even a year to learn their final sentencing outcome. Regardless if final sentencing resulted in probation, a substantial number of marijuana defendants, thousands of them, get a de facto jail sentence. There were probably 20,000 persons were under correctional supervision awaiting trial for felony marijuana offenses in 1998. Considering that about half will have their case disposed of within 90 days, we could conservatively divide the annual cost of housing an inmate by four and get a low approximation of the cost of housing marijuana defendants awaiting final disposition of their case. The total cost amounting to about $83 million for 1998. (4a) http://www.ojp.usdoj.gov/bjs/pub/ascii/fdluc98.txt
Marijuana Probation Across the United States $60 Million in Costs Annually At yearend 1998, the number of adult men and women in the United States who were being supervised in the community surpassed 4 million for the first time, to a record 4,122,577 adults under some form of community supervision on December 31, 1998. Twenty-four percent of probationers had a drug law violation, and 17% were sentenced for driving while intoxicated or under the influence of alcohol.(5a) (5a) http://www.ojp.usdoj.gov/bjs/pub/ascii/ppus98.txt
If we use the conviction rate for marijuana possession and trafficking as indicated above for a baseline we can arrive at a plausible approximation of how many people are serving probation for marijuana offenses. 24% of adults on probation comes to 989,418. Taking 2.5% and 3.6% of those on probation for marijuana trafficking and possession respectively, we find 35,619 for possession and 24,735 for trafficking for a total of 60,354 people under community supervision. At an annual cost per marijuana offender of $1066(*) each, those on probation in 1998 cost $64,337,364 to supervise. Spanning the years from 1998-2001, probation for marijuana offenses added an additional cost of $257 million. Or, looked at in another way: 32% of state drug convictions resulted in probation. Based on the percentages derived from the conviction rate, the number of marijuana cases that went straight to probation would likely have been about 10,687. Using the same formula, possibly as many as 7421 to probation for marijuana trafficking. The average length of probation is 3 years 4 months so it's possible as many as 54,000 adults were under probational supervision mid-year 2001 for marijuana convictions starting from 1998. As many as 32,000 adults are on state imposed probation for marijuana possession alone. Which actually seems low given that in 1998 about one quarter of the 4,000,000 adults under supervision had a drug law violation and marijuana is the most commonly used currently illicit drug in the United States. The average cost of community supervision or standard probation is estimated for this report at $1066(*) annually. Based on the above figures, costs of supervision for marijuana offenders since 1998 have likely run $57,564,000. (*) An estimate of annual costs associated with probation or community supervision of $1066 was derived by averaging the following four figures from various state legislative and budget reports drawn from United States in California, Michigan, Arkansas and North Carolina: (5b) - $890 http://www.ci.sf.ca.us/courts/grndjury/2002reports/Probationreport.htm
(5c) - $682 http://www.doc.state.nc.us/DOP/cost/cost2001.htm
(5d) - $1598.70 http://www.senate.state.mi.us/sfa/Publications/Notes/2000Notes/ (5e) - $1095.00 http://www.arkleg.state.ar.us/data/PBB/91202COMMUNITYCORRECTION.pdf
Marijuana Offenders Lost Wages Due to Incarceration $4.2 Billion Lost For 2002 Contributed by Brian Bennett For many years the U.S. Office of National Drug Control Policy has justified waging drugwar based in part on the societal "costs" of illegal drug use. The greatest of these costs are attributed to "lost productivity" which is said to account for $110.5 billion (or 69 percent) of the $160.66 billion 2000 estimated total costs. This cost categorization is comprised of (among other things), premature death ($18 billion) and the cost of hospitalization and instutionalization of drug users ($1.9 billion). The largest chunk of these lost productivity costs however, is that attributed to being incarcerated which accounts for 32 percent of the total costs attributed to "lost productivity." People who are incarcerated are no longer able to earn a living and the monies thus lost to society in this manner are said by the drug czar's office to total an estimated $35.6 billion for the year 2000 alone. When you consider that the drug czar's office has claimed that 77 percent of illegal drug users are employed(6a), one has to wonder what is accomplished by the double cost to society incurred by jailing them. Not only is it costing money to keep them warehoused, but society is also losing the monies they otherwise would earn and contribute to society. The ONDCP estimated the total using the Bureau of Labor Statistics Hourly Compensation Index. With some 648,544 prisoners incarcerated for "drug-related" crime, that works out to $54,893 per person incarcerated. Of the total prisoner population thus represented, 70.9 percent are serving sentences not for stealing money or hurting people, but for violating drug laws. Assuming unemployment runs at 23% for marijuana users per ONDCP claim, the 99,488 people in prison for marijuana charges are thus "costing" society some $4.2 billion per year in lost wages and other compensations.(6b) (6a) - http://usinfo.state.gov/regional/ar/colombia/strategy04.htm
(6b) - http://www.whitehousedrugpolicy.gov/publications/pdf/economic_costs98.pdf
Marijuana Arrests Cost Money $779 Million Each Year These marijuana defendants come from somewhere. As noted above almost a quarter of a million arrests are made each year for marijuana offenses with about nine out of ten of those for possession alone. Police resources are not cheap, the average police officer hourly pay nationally works out to about $23.(7a) And then of course equipment, vehicles and other overhead drives these costs up further. Especially it seems in drug arrests. Pennsylvania State Police calculated a "total cost per incident" rate of $468.09(7b) when responding to calls in communities without their own police force. The predicted per incident cost in the Flagler County Sheriffs Office in Florida for 2003 is $248.10.(7c) San Diego estimates that for fiscal year 2003 the cost of investigating a narcotics complaint at $1,741.(7d) Multnomah County in Oregon weighs in with an $1,850(7e) drug arrest cost. Averaging the above four examples including lower cost, "typical incident" costs, it seems reasonable conclude that an average marijuana arrest conservatively costs $1076.79.(*) Total cost of marijuana arrests each year are probably topping three quarters of a billion dollars per year at $779,198,667 for more than $2 billion spent since 1998. (7a) - $23 per hour http://199.173.2.7/news/stemphj200107254.htm
(*) An estimate of annual costs associated with arrests of $1076.79 was derived by averaging the following four figures from various state legislative and budget reports drawn from United States in California, Oregon, Pennsylvania and Florida: (7b) - $468.09 http://www.lgc.state.pa.us/thepdfs/17.pdf
(7c) - $248.10 http://www.ci.palm-coast.fl.us/Budgets/2003/cGF4100LE.pdf
(7d) - $1,741 http://www.sannet.gov/budget/proposed/volume3/pdf/v3police.PDF
(7e) - $1,850 http://www.npcresearch.com/Files/OPE.pdf
Conclusions We bear some three quarters of a million arrests for marijuana each year in the United States and about 135,000 persons are currently in prison after being convicted of either a state felony or federal marijuana offense. This is a costly exercise at more than $7 billion per year. At the time of this writing, US states are reporting a combined $40 billion shortfall: "Saying states face the most dire fiscal situation since World War II, the National Governors Association(8a) and the National Association of State Budget Officers released a report(8b) today that concludes many states have exhausted budget cuts and drawing down rainy-day funds and that the most difficult decisions still lay ahead." And in light of information from the Rand Corporation a week later, which shows beyond reasonable doubt that the already discredited "gateway theory" of marijuana use leading to heroin or cocaine use is simply not likely. "Marijuana use among adolescents does not appear to act as a "gateway" leading to the use of harder drugs such as cocaine and heroin.(8c)" It's clear that at such an enormous cost, there is some value to be gained by considering the wisdom of jailing tens of thousands of Americans for no other reason than possession of a plant that is currently considered politically incorrect. Just as this report was going into public press another report has come out again decimating the "gateway theory." This one from Britain's Home Office said: "The analysis, based on recent survey data on nearly 4,000 children and young adults, finds:No significant impact of soft drug use on the risk of later involvement with crack and heroin. Very little impact of soft drug use on the risk of later involvement in crime.(8d)" (8a) http://www.nga.org/nga/newsRoom/1,1169,C_PRESS_RELEASE^D_4693,00.html
(8b) http://www.nga.org/cda/files/NOV2002FISCALSURVEY.pdf
(8c) http://www.upi.com/view.cfm?StoryID=20021202-030109-4556r
(8d) http://www.homeoffice.gov.uk/rds/pdfs2/hors253.pdf
Without the so-called "gateway theory" the underpinnings of all these arrests become suspect. It is time to revisit some basic assumptions about where resources are actually being spent that could be better brought to bear on hard drug use, such as tobacco, heroin and cocaine as well as alcohol. It's time to admit that current legal distinctions between drugs in the US do not equal a given drugs pharmacology or possible risk from harm. New strategies must be considered. New to us anyway. Dutch "coffee shops," quite successfully and happily, just passed their thirtieth anniversary. The Ottawa Citizen in a story on December 19th, reported "Quebec court Judge Gilles Cadieux, who had postponed making a decision on the case about 10 times, said the absence of a legal source of marijuana takes away the right to life and liberty for those who need it.(8e)" In this closely watched medical marijuana case in Canada, "Marc-Boris Saint-Maurice, director of the Compassion Club, and Alexandre Neron, who worked at the club, were accused of possession of marijuana and trafficking the drug." Saint-Maurice also leader of the Marijuana Party in Canada promptly opened a Website offering medical marijuana for sale, $30 for two grams and $120 for 10 grams of marijuana said to be at least 8% THC, the most demonized active ingredient in marijuana. (Which is also quite legal in the United States as Marinol.) This kind of pressure will surely be acutely felt in the US. Indeed the issue has been brought to a boil in Santa Cruz, California where federal authorities reportedly handcuffed a paraplegic to a bed in a medical marijuana case that sparked nationwide outrage. From the WAMM Website: "A hearing has been set for the Motion to Return Property filed shortly after the DEA raid on Wo/Men’s Alliance for Marijuana (WAMM), a Santa Cruz based medical marijuana cooperative. The motion requests the return of all personal property including 137 medical marijuana plants taken in a DEA raid in early September from the 238 patient collective garden. The raid touched off protests at federal buildings around the San Francisco Bay area. Attorney Ben Rice emphasized this will be the first case heard after a 9th Circuit Court of Appeals unanimous decision earlier this week in the Conant v. Walters case in which Valerie Correl, Director of WAMM, is a plaintiff. The decision emphasized the government cannot revoke the licenses of California doctors who recommend medical marijuana to their patients. It also states "Medical marijuana, when grown locally for personal consumption, does not have any direct or obvious effect on interstate commerce.(8f)"" (8e) http://www.canada.com/ottawa/story.asp?id=3421C064-0605-454B-9E9A-0917A29251F1
(8f) http://www.wamm.org/lawsuit.htm
The huge human toll and financial cost of marijuana prohibition in the United States needs to be weighed against a legal and well regulated market. A good "litmus test" for politicians considering drug policy should be to ask themselves two questions: "Can a twelve year old anywhere in the US belly up to the bar and be served a shot of whiskey?" And "What policy best helps prevent minors from access to alcohol: Prohibition or well crafted regulation?" States are facing huge budget deficits from the huge drain prison spending has become. As shown in this BBSNews report, Punitive marijuana prohibition has resulted in hundreds of thousands of arrests each year, half of all drug arrests. And states are feeling the pressure of warehousing non-violent offendors serving mandatory minimum sentences. What is especially troubling is the fact that arsonists and other criminals that may really pose a threat to their communities are being released as well as non-violent drug prisoners. The New York Times reported on December 18th, 2002: "Montana, Arkansas and Texas, along with Kentucky, have discovered loopholes that allow them to release convicted felons early, getting around the strict truth-in-sentencing laws and no parole policies passed in the 1990's that were supposed to prevent such releases.(8g)" We should not need "loopholes." Regulating the trade in marijuana would pay for itself in savings to cash strapped States budgets. And there would be tax revenue. Then the arsonists, robbers and those that perpetrate domestic violence would not have to be released early into society. (8g) http://www.nytimes.com/2002/12/19/national/19CRIM.html
Misdemeanor arrests were not included in this analysis. Part 2 coming in 2003 will address misdemeanor marijuana offenses and costs. Part 2 will also examine the role of medical marijuana in the debate, popular entertainment and perhaps most importantly the issue of race and how marijuana law impacts people of color. The second portion of this report will also investigate the growing movement in religious America against the War on Some Drugs. Contributers BBSNews greatly appreciates the contributions made to this report. Rickey Johnson is a married and socially active Systems and Applications Developer in North Carolina and co-host of BBSNews Kitchen Chat, coming in 2003. Brian Bennett is a freelance writer and anti-drugwar activist from Virgina. Many thanks to those others who also looked over this analysis and offered constructive input. Note Every effort has been made to make this report as accurate as possible. The information contained in this report is based on sources believed to be reliable but it is neither all-inclusive nor guaranteed by BBSNews. Opinions, if any, reflect the judgment of BBSNews at this time and are subject to change as is the factual content of this report. This report is provided to you for informational, convenience and educational purposes only. It is considered "live" in the sense that it will be improved upon with discovery of newer information because the overriding goal is factual accuracy. That's the most important resource drug policy reformers have. © BBSNews. Reprinted with permission.
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