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May 9, 2019

Spotlighting how federal drug prosecution patterns have changed in recent years

Screen-Shot-2019-05-08-at-10.43.47-AM-768x588I noted here that yesterday the US Sentencing Commission released its 2018 Sourcebook of Federal Sentencing Statistics covering Fiscal Year 2018.  There are lots of interesting data to mine from this big new resource, and I am pleased to see the folks at Marijuana Moment highlighting one particular story under the headline "The Feds Prosecuted Even Fewer Marijuana Trafficking Cases In 2018." Here are the details:

Federal marijuana trafficking cases dropped again in 2018, continuing a trend that seems linked to increasingly successful state-level cannabis legalization efforts.

A report from the U.S. Sentencing Commission that was released on Wednesday shows that while drug-related offenses still constitute a sizable chunk of federal prosecutions — larger than fraud and firearms combined — marijuana trafficking cases have significantly declined since states started repealing their cannabis prohibition laws.

There were just over 2,100 federal marijuana trafficking cases in 2018, compared to nearly 7,000 in 2012, when Colorado and Washington became the first states to legalize cannabis but hadn’t yet implemented their programs.

Trafficking cases for other drugs remained mostly stable during that period, with the exception of methamphetamine. Those cases have been on the rise, reaching about 7,500 last year.

All told, drug-related crimes represented 28 percent of federal prosecutions in 2018.  The only larger category was immigration, which accounted for 40 percent of cases.

The average sentence for marijuana trafficking cases was slightly higher in 2018 compared to the previous year, with the average offenders receiving 18 months in prison.

The reasons behind the decline in cannabis trafficking cases isn’t certain, but advocates believe that the data bolsters the case they have long made about how consumers would prefer to purchase marijuana from legal and regulated businesses instead of from the criminal market.

Technically, these US Sentencing Commission data are only specifically reflecting cases that were sentenced in FY 2018, so it is not quite right to say these data reflect precise prosecution numbers for FY 2018. (Some number of cases that get prosecuted will be dropped or will not result in a conviction for various reasons, to total number of cases prosecuted is likely a bit larger than total number of cases sentenced.)  Nevertheless, number of cases sentenced is a pretty good proxy for prosecution patterns, and the trends in all drugs noted in the graph above is interesting.  The slight uptick in federal heroin sentences and the huge uptick in federal meth sentences stand in sharp contrast to the notable declines in sentences for crack cocaine, powder cocaine, and marijuana. 

May 9, 2019 at 12:07 PM | Permalink

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