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useful to look at all drug offenses for context. Among sentenced prisoners under state jurisdiction in 2008, 18% were sentenced for drug offenses. We know from the most recent survey of inmates in state prison that only six percent (6%) of prisoners were for drug possession offenders, and just over four percent (4.4%) were drug offenders with no prior sentences.
In total, one tenth of one percent (0.1 percent) of state prisoners were marijuana possession offenders with no prior sentences.
For Federal prisoners, who represent 13 percent of the total prison population, about half (51 percent) had a drug offense as the most serious offense in 2009. And Federal data show that the vast majority (99.8 percent) of Federal prisoners sentenced for drug offenses were incarcerated for drug trafficking.
Many advocates of marijuana legalization point to the significant number of marijuana-related arrests, including for the sale, manufacturing, and possession of the drug, as an unnecessary burden on criminal justice system. While Federal, state, and local laws pertaining to marijuana do lead to criminal justice costs, it is important to understand how decriminalization or legalization might further exacerbate these costs. Alcohol, a legal, carefully regulated substance, provides useful context for this discussion. Arrests for alcohol-related crimes, such as violations of liquor laws and driving under the influence, totaled nearly 2.5 million in 2010 — far more than arrests for all illegal drug use, and certainly far more than arrests for marijuana-related crimes. It is therefore fair to suggest that decriminalizing or legalizing marijuana might not reduce the drug’s burden to our justice and public health systems with respect to arrests, but might increase these costs by making the drug more readily available, leading to increase use, and ultimately to more arrests for violations of laws controlling its manufacture, sale, and use.
Is the government putting people in prison for marijuana use?