Drug Charges

Drug Charges in the United States

Certain illicit drugs (including methamphetamine and cocaine) are legally restricted (or prohibited) in the United States at both the federal and state level. This includes (see below of this entry for more information) the trafficking, distribution, manufacturing, cultivation (with some exceptions) and possession (with many exceptions, specially in the case of medical marijuana) of these substances.

Drug Offenders in Federal Prison

The number of federally sentenced prisoners in the Federal Bureau of Prisons (BOP) increased 84% between 1998 and 2012, and the number of drug offenders in federal prison grew 63% during this time. In 2012, offenders whose most serious offense (as defined by the BOP) was a drug offense accounted for about half (52%) of the federally sentenced prison population.

Previous analyses focusing on the growth of the prison population from FY 1998 to FY 2010 have shown that 42% of the growth in the federally sentenced population was due to an increase in the number of drug offenders, and the largest contributor to that growth was length of time served for drug offenses.

More than half (54%) of drug offenders in the federal prison system had a form of cocaine (powder or crack) as the primary drug type (table 2). Methamphetamine offenders (24%) accounted for the next largest share, followed by marijuana (12%) and heroin (6%) offenders. Offenders convicted of crimes involving other drugs (including LSD, some prescription drugs, and MDMA or ecstasy) made up 3% of offenders.

About three-quarters of drug offenders in federal prison were either non-Hispanic black or African American (39%) or Hispanic or Latino (37%); nearly a quarter (22%) were non-Hispanic white offenders (table 3). In addition, drug offenders in federal prison were overwhelmingly male (92%), about a quarter (24%) were noncitizens, and nearly 80% were age 30 or older.

Criminal history at sentencing

More than a third (35%) of federal drug offenders were in the lowest USSC criminal history category, Category I, which includes offenders with no previous term of imprisonment and others with minimal criminal histories. This was the most frequently applied category. Almost 8 in 10 (79%) federal drug offenders in Category I had no points assigned at sentencing, meaning
they had no relevant criminal history as used to compute categorization. This accounted for more than 25% of all drug offenders in the BOP. In comparison, more than 22% of federal drug offenders were in the highest criminal history category (Category VI), which indicates the most extensive criminal histories.

Impact of prescription drug charges on equity

If a key effect of prescription drug charges is to shift the costs of prescription drugs from public to private sources of finance, the impact on equity in finance is highly likely to be negative. International evidence consistently demonstrates that user charges are a regressive form of health care finance, requiring the poor to pay more for health care as a proportion of their income than the rich [83,84]. And in OECD countries, where levels of public spending on health care are usually high as a proportion of total spending, user charges undermine the equity (and efficiency) gains achieved by pooling financial resources across groups of people and over time.

Low-income groups may already face significant financial and non-financial barriers to accessing prescription drugs, some possibly related to other cost control mechanisms in place, as the lower levels of drug expenditure incurred by Medicaid beneficiaries (vs. the privately-insured) in the United States suggest. Similarly, while older people seem to be less sensitive to price, the financial burden they face may be substantial if they are heavy users of prescription drugs. In the absence of substantial research into inequity in the use of prescription drugs, the results of studies examining inequity in the use of other forms of health care may be instructive. For example, international research has found significant pro-rich inequity in the use of general practitioners in the United States and Mexico.

Policy options

The evidence we have reviewed suggests two main options for policy makers wanting to use prescription drug charges to improve efficiency without lowering equity. First, enable patients to opt for cheaper alternatives such as generic vs. brand-name drugs or drugs that are cost-effective. While the cost savings involved may be limited, these policies have the advantage of contributing to efficiency in health care delivery. Second, introduce mechanisms to protect poorer people and heavy users of prescription drugs. Although research in these areas is limited, we suggest that smarter cost sharing systems would be carefully designed to ensure that protection mechanisms reflect need, are consistently applied, and do not conflict with other health policy goals. For example, voluntary insurance only protects those who can afford it and counteracts efforts to moderate demand, while fine-tuning exemption schemes through greater use of targeting (usually by means testing) may enhance equity at the expense of administrative efficiency. As a result of expanded exemption schemes, the burden of paying for prescription drugs may fall on the working population, who in many cases already make a significant contribution to financing health care. This involves economic and political trade-offs and decisions should reflect an open debate about values and goals. Similarly, while tiered formularies generate some cost savings, they may incur both administrative and political costs, particularly if they aim to promote cost-effectiveness.

Authors: Marin C Gemmill, Sarah Thomson, and Elias Mossialos1

Drug Charges in Criminal Law

Conviction on drug charges often carries stiff sentences, including prison time, but sometimes prosecutors will offer plea deals to lower-level offenders in exchange for help with a larger case. Some states have enacted medical marijuana laws, allowing physicians to recommend the drug for certain illnesses while exempting qualified patients from criminal prosecution on marijuana-related drug charges. Other states have legalized marijuana for recreational use.

Comprehensive Drug Abuse Prevention and Control Act of 1970

In response to widespread, recreational drug problems in the U.S, Congress in 1970 enacted the Controlled Substances Act (CSA) as Title II of the Comprehensive Drug Abuse Prevention and Control Act. The Act developed a complex regulatory system designed to control the distribution of drugs such as marijuana, cocaine, and heroin. The CSA established five schedules of drugs, with each schedule representing the degree with which the drug is likely to be abused and the level of accepted medical use.

Drug Enforcement Administration (DEA)

Formed during the summer of 1973, the Drug Enforcement Administration (DEA) is a federal law enforcement agency that is responsible for dealing with drug smuggling and drug abuse within the United States. It is under the U.S. Department of Justice and works directly with the Immigration and Customs Enforcement (ICE) as well as with the Federal Bureau of Investigation (FBI). Additionally, the DEA has been given the power to conduct United States drug investigations internationally.

Drug Paraphernalia Charges

Possession of paraphernalia, or possession of drug paraphernalia, is a criminal charge involving items that are used in relation to drug crimes. Drug paraphernalia can be divided into two main categories: those used to distribute drugs and those used to ingest drugs. This distinction can be important for someone who is facing drug paraphernalia charges, especially since things like ordinary household items such as scales or spoons can be also used in the distribution or consumption of illegal drugs.

Drug Possession Defenses

There are several ways to defend against a charge of drug possession. Unlawful or illegal search and seizure, the drugs belong to another person, missing evidence, or duress or coercion such as being forced to carry or hold drugs for someone else, are among the most common defenses. Keep in mind, the medical use of marijuana is never a defense in federal court but may be in states where medical marijuana has been legalized. States with such exceptions to marijuana laws typically require a doctor’s signed recommendation.

Related entries:

Drug Manufacturing and Cultivation
Explanation of the illegality of growing or manufacturing illegal drugs, such as marijuana and methamphetamine.

Drug Trafficking and Distribution
Overview of how state and federal laws prohibit importation, transportation and sales of illegal drugs.

Drug Possession
How possession of illegal drugs such as heroin and LSD, either for personal use or distribution, is a crime under state and federal laws.

Medical Marijuana
Primer on medical marijuana laws in general, how they are implemented in states with such laws and the tension between state laws and the federal prohibition of marijuana.

Source: Findlaw


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