Incarceration Nation — Marijuana Arrests For Year 2009 Near Record High

[Editor’s note: This post is excerpted from NORML’s weekly media advisory. To have NORML’s media advisories delivered straight to your in-box, sign up for NORML’s free e-zine here.]

Police prosecuted 858,408 persons for marijuana violations in 2009, according to the Federal Bureau of Investigation’s annual Uniform Crime Report, released today. The arrest total is the second highest ever reported by the FBI, and marks a 1.3 percent increase in the number of arrests reported in 2008 (847,864).

According to the report, marijuana arrests now comprise more than one-half (approximately 52 percent) of all drug arrests reported in the United States. A decade ago, marijuana arrests comprised just 44 percent of all drug arrests.

Approximately forty-six percent of all drug prosecutions nationwide are for marijuana possession.

“The numbers tell the story; the enforcement of criminal marijuana laws and the prosecution of marijuana offenders, in particular minor marijuana possession defendants, is driving the present drug war,” NORML Deputy Director Paul Armentano said. “Those who claim otherwise would be better off advocating for a long-overdue reprioritization law enforcement resources and concerns.

“It makes no sense to continue to prosecute Americans for their use of a substance that poses far fewer health risks than alcohol or tobacco. A better and more sensible solution would be to legalize and regulate cannabis in a manner similar to alcohol, as is presently being proposed in California by Proposition 19.”

Of those charged with marijuana violations, approximately 88 percent (758,593 Americans) were charged with possession only. The remaining 99,815 individuals were charged with “sale/manufacture,” a category that includes virtually all cultivation offenses.

Regionally, the percentage of marijuana arrests was highest in the Midwest (62 percent of all drug arrests) and southern regions (56 percent of all drug arrests) of the United States, and lowest in the west, where pot prosecutions comprised only 40 percent of total drug arrests.

In 2007, the FBI reported 872,721 marijuana prosecutions in the United States, the highest total on record.

88 thoughts

  1. When they legalize. I’m gonna go to the unemployment office’stand outside and smoke a joint and then throw rotten eggs at all the lawyers.And I’ll even bring a joint and a dozen eggs for you friend.

  2. The government, lulled people into a false sense of tolerance by allowing medicinal medical cards. Led the public to believe that marajuana/cannibis laws and law enforcers were going to ease up on this issue. The exact opposite has happened. I feel for those patients who signed up for the legal-medicinal-marajuana-cards because now they are on a database and the government probably has an FBI file on each and every person who even applied for a card. Think of all the people who were denied too. What is next on this imaginary war on drugs? Putting all the medicinal weed card holders in an internment labor camps?? It truly feels like we are on a prison planet. Life imitating art? or art imitating life? GOD SAVE THE PEOPLE!

  3. the cannabis “criminal” stats rise when republicans have more power. they hate hippies.

    almost no republicans partake of the righteous herb. it’s like impossible mind meld.

    in the future we may have to de-fog a few million.

  4. Prop 19 needs your help everyone!!! My wife and I are in TX and we sent 25.00. It will take our money and votes so give, give, give, and vote!!!!

    cactus

  5. I was busted in ’09, luckily it happened in NC where it is partially decriminalized, it still ended up costing me $2,000 after courts and Drug Abuse Treatment (a place filled with people that had DUI’s, I was normally the only cannabis charge in attendance). So I constantly debated my therapist in group sessions and 100% of the DUI cases agreed with me in that marijuana isn’t the “devil’s weed” the government and even the therapist made it out to be. I just hope to one day be able to freely and safely purchase marijuana that I know hasn’t been grown with pesticides and chemicals and that I won’t be arrested for enjoying the greatest “weed” on the planet.
    I’m still praying for decrim laws to be passes in VA (where I’m at now) cuz if u get caught up here ur done

  6. RE: SANDY Says:
    September 15th, 2010 at 6:20 pm
    “The government, lulled people into a false sense of tolerance by allowing medicinal medical cards. Led the public to believe that marajuana/cannibis laws and law enforcers were going to ease up on this issue. The exact opposite has happened.”
    /snip

    SANDY, I believe you have hit the nail on the head. Obama & Holder talk a good game about halting DEA raids in States with legal MMJ, yet those raids continue. Sometimes there are no arrests, but valuable product is seized with distribution disrupted, and always there is a collection of patient & physician information totally in violation of HIPPA medical confidentiality.

    Either the District Attorneys, Federal prosecutors, and the DEA are all rogue elements operating independently but in concert, or our political leadership and government are lying to us. Tenets of Occam’s Razor would tend toward the second explanation, especially considering the USA government’s long history of obfuscation, outright lies, and propaganda in support of Prohibition 2.0’s War on People.

    The USA is the prison planet. A revolution at the ballot box is needed to overthrow the police state, which is supported by Democrats and Republicans alike. Vote for the USA Green Party.
    And vote for Prop 19, in support of the 1st, 4th, 5th, 6th, 9th and 10th Amendments of the Constitution, before we the people need to make use of the 2nd.

  7. I got to be part of the statistic this year. Glad I could contribute to society. Wouldn’t it be neat if we could live as we pleased? I just don’t understand how it ever became “ok” to tell someone else how to live. Isn’t that all this crazy law is about, telling someone else their way of doing things isn’t alright. This leads into a deeper issue but why is it that we must all be the same?

  8. the drug warriors are worried about proposition 19 passing so they cant line thier pockets by arresting millions more they are already spreading thier lies about the harms of legalised pot on society so they can try to defeat prop 19 how can they not see that pot has been illegal for over 30 years and it hasnt harmed society only the prohibition of it has law enforcement has said if 19 passes they will sue to have it overturned ,how can we possiblly stop them even if we win on prop19

  9. Unreal, I am glad I live in the west… Its a sad thing that without statistics the government would probably never listen or EVER realize how damaging marijuana prohibition is!!

    I would love to see it legal and hear about over 3/4 a million arrests being dealt to other REAL DANGEROUS activity!

    VOTE YES PROP 19!!

  10. i think this is really stupid this is 2010 not the 1920s i personally believe the fight on marijuana is a war against the generations im 17 almost 18 my dad is 47 granted he grew up in or around the time of the 60s he still believe heavyly in the propaganda.(it doesnt help that he is a retired ex cop) he busted me the other day and gave the whole speech of killign my brain cells and ending up on the streets and ruinign my life. i consider myself to be fairly responsible( but its not my opinion that matters it all how other view me) i only smoke after a hard day of work i come hoem my back usually kills me from lifting pallets and other boxes of considerable weigth for roughly 5 hours a day (nine hours on the weekend i usually work 5 days a wekk) and im also going to school full time where i have maintained straight A’s. it seems liek the younger generations such as myself are ok with the use of marijuana while the older generations that grew up with nixon’s war on drugs as well as the racist propaganda and many myths i believe that the older generations refuse to belive in the new scientific evidence and they stick to the believes that they grew up with it. even my boss talked to me he told me he buried 2 of his friends who smoked pot and he was going to test me the moment he had reason to do so. since i quit ive noticed many changes like my body is now in constant pain because i refuse to take a pain killer and ive lost 12 pounds when i was trying to gain weight im 17 5 10 and weigh 124 pounds because of my adderall i look liek a jew from the holocaust(sry if thats offensive) this needs to be legalised and soon i could gain alot from its use

  11. Police prosecuted 858,408 persons for marijuana violations in 2009

    Enough

    It will end.

    Proposition 19 will send a clear message

  12. that’s the government for ya. let booze be legal so people can get drunk go out and kill innocent kids,women,elderly and men. if you get got with pot your busted the drunks they sober up and go home the pot heads go to jail. B.S. as if for you nic WAKE UP, what are a over paid under worked government employee?

  13. Cannabinoids Kill Cancer and Our Government Has Known for 36 Years
    http://www.gsalternative.com
    there really is massive proof that the suppression of medical cannabis represents the greatest failure of the institutions of a free society, medicine, journalism, science, and our fundamental values.
    Go look it up and while you are at it do a lil research on Bill Cooper. ~~~Mary Jane~~~

  14. And the drug czar K states, “There are very few marijuana arrests” Liar liar pants on fire. We now have numbers! You would think the numbers would have gone down with Obama in office. But….He’s a liar like the rest of them, including Palin. I don’t trust her either. If we are going to push this, we the people will have to do it ourselves! Donate to Norml.

  15. Yay! There’s me; arrest no. 269,420! I thought the only statistic I was in was percentage of people smarter than politians, of course there is 99 percent of people in that catagorie lol. Oh i remember that day, ironically arrested at 4:20 in the morning on the way home from work, thrown in a cold cell, my vehicle got pounded, and money was stolen from me by Johnson County… Please keep up the work NORML!!!

    One Love

  16. Prop 19 needs to pass in California, marijuana prohibition has gone on for far too long and ruined too many lives. The government can spout all the bullshit rhetoric it wants, but the truth is marijuana is far less harmful than alcohol and tobacco. You never hear of someone turning violent under the influence of marijuana. Its time for a change and prop 19 if it passes will be a damn good start.

  17. Come on, guys. Those 850,000 people would probably turn into murderers, rapists, and child molesters if our great and honorable government didn’t take them off the streets.

    If they don’t have a criminal record, how will we know who has used marijuana at least once in their lives?

    How will we know who never to hire, no matter how qualified they are or how satisfied their previous employers might have been?

    How will we know who’s children to send away to abusive foster homes?

    How will we know who to shoot first and ask questions never?

  18. Yeah, my friend is part of this group. Luckily his court-appointed lawyer got him on deferred adjudication and then the judge was nice enough to let him off when he still owed like 10 bucks and a couple of hours of community service. I still call bullcrap cause it pisses me off how much they ruined his life and for a plant that doesn’t ruin your freaking life. UGHHH!!!!!!!!

  19. SANDY Says:
    September 15th, 2010 at 6:20 pm
    The government, lulled people into a false sense of tolerance by allowing medicinal medical cards. Led the public to believe that marajuana/cannibis laws and law enforcers were going to ease up on this issue. The exact opposite has happened. I feel for those patients who signed up for the legal-medicinal-marajuana-cards because now they are on a database and the government probably has an FBI file on each and every person who even applied for a card. Think of all the people who were denied too. What is next on this imaginary war on drugs? Putting all the medicinal weed card holders in an internment labor camps?? It truly feels like we are on a prison planet. Life imitating art? or art imitating life? GOD SAVE THE PEOPLE!

    I said a year ago that they would increase thier arrests and they havent stopped.

    Yes this is a prison planet in which we are electing our our guards and wardens and paying the to treat us terribly.

  20. “Prohibition cannot be enforced,for the simple reason the majority of Americans do not want it enforced and are resisting its enforcement,That being so, the orderly thing to do ,under our form of government, is to abolish a law that can not be enforced, a law in which the people of the country do not want enforced.” Fiorello LA Guardia before the abolish of liquor, circa 1937. we need to learn from LA Guardia we need to abolish the prohibition of marijuanna

  21. Okay so what happens when 858,408 people demand a Jury and a full blown trial. As a person who has sept into a Courtroom and done just that knows they DO NOT have the money and that is a sure fire way for us to bring these unlawful unjust people to their knees. Want your country back? Break the banks! If you become one of those 858,408 people arrested then DEMAND your Fast Speed Trial and a Jury as well. These folks can run no more, they can not hide behind those bullshit lies once told. Look what is happening in the election today. We the people are tired of these foolish unlawful moral police. This Nov. we must fire most of these folks by voting.
    I for one will do everything I can to break the Banks and the Legislators, I will aid them in their own destruction, it long over due.
    We can take back our country from the fools in a peaceful way by attacking their pockets and fighting in Court. we are the future juries and I say,” Jury Nullification”, Jury Lawlessness” and they will be defeated.
    All I ask as the summer crops come in is that we fight for what we know to be right and just. No more to the back of the bus for us. Time to fill those prisons with our wayward government employees. We have room.
    It is time to band together and come to the aid of each other. The best way is to gety on those Juries, support only those in Government that will go public in this war on the unjust government laws and action that we know is in violation of the Constitution. These folks have committed treason while have sorn an oath to up hold our Nation Constitution.
    We are going to win this, injustice will not prevail, it never has.
    Time to let history repeat itself since we were unable to learn from the past.
    Remember, “Let them eat cake.” well we are there again.

  22. The greatest of all injustice is that which goes under the name of law; and of all sorts of tyranny the forcing the letter of the law against the equity is the most insupportable.
    – Sir Roger L’ Estrange

    “”The care of human life and happiness, and not their destruction, is the first and only object of good government.” ” Thomas Jefferson

    The rule of law has been subverted and has become the law of rule. Those that rule the law will become zealots, jingoes, and hypocrites.
    Raymond DiPasquale

  23. David762 (#18) did well in expanding on what’s correct in SANDY (#11). Looking at the chart, it seems that, while arrest levels shot up during the Nixon Administration, they stayed in the 400k range during the next decade including the Carter Admin. They seem to fall off slightly during Bush I (down to around 300k) – before *skyrocketing* during Clinton’s two terms, then accelerating further under Bush II, to a record high level that has at best leveled off under Obama.

    I’d only add to David762’s recommendation of the Green Party, that in California we have another option, the Peace and Freedom Party. To my mind, these are the only two parties worth considering when you register to vote, and when you cast your ballot in November at the same time as you’re voting Yes on Prop. 19.

    http://www.peaceandfreedom.org/home/articles/general/710-legalize-it

    (Update on that article – AB 2254 is off the table pending the November election. Which makes it all the more important to turn out and vote Yes on 19, and vote for 100% anti-prohibitionist legislators, i.e., Peace and Freedom or Green.)

  24. I do need to take issue, however, with part of SANDY (#11) above.

    Even though Prop. 215 (medicinal cannabis) does not affect Federal law or policy, it’s still been a net positive. Many people who need cannabis for medical purposes are getting it (semi-)legally who would never have had access before. Some jurisdictions are outright refusing to cooperate with federal authorities and protect medical recommendations in strict confidentiality. Others have not been so good, of course.

    But more than anything else, it’s advanced the debate. The question has shifted from “how harsh should prohibition be”, to “when and how should prohibition be repealed”. From “probably not in my lifetime” to “it’s only a matter of time, and it’s looking like soon”. So far from bemoaning the situation, I say “Huzzah for Prop. 215! All out for Prop. 19!”

    (Yes, I do really talk like that sometimes.) 😉

  25. I like the idea of creating a costly logjam within the court system. If I could add one other suggestion, it would be to PLANT SEEDS. Every where you can. Have so many plants growing that it would overload law enforcement. I live in a backwoods mid-west state where it’s the #1 cash crop, yet the government is so ignorant to think they will eradicate it. Welcome to the grand delusion!!!

  26. Every one who ever went through a drug program was told the that insane was to keep on doing the same while expecting a different out come. As you go along feeling good about yourself looking down on pot heads while your children are dying on legal drugs.
    How many of you are so ashamed of your kids as you raise your grandchildren. So ashamed that you say nothing as they come in and out of your grandchildren life showing them the ins and outs of doing their drug of choose. I know a woman that son got addicted, she raised her grand daughter. She grew up to know same dealer and now her granny is raising her great grand child.
    You keep your secrets and maybe all of them will die soon. Their children are being born with problems that will fill up our jails. To rob, kill, rape means nothing to these people.
    We all love our children but as a group none are protecting the young. There is a point when the truth must be told. Everything I was ever told was a lie.

  27. My husband and me were busted for weed in 2010. This July it will be a year and we are still going thru bull.

  28. You know…I think that now is the time. We are facing a landmark election, where both sides of the debate (and how messed up is it that we only have two sides!?) stand to gain by supporting hemp and marijuana law reform. Here’s a way to cut federal spending that hasn’t been fully explored.The republicans, the tea party anyway, is all for shrinking the reach of the federal governement, and the dems can’t come out hardlining the issue without abondoning their base. Both sides need to create a viable jobs solution by cutting government spending while creating jobs. Presented correctly I would like to see this issue hit the mainstream under the title of Job Creation.

  29. this is why we need to have a nation-wide demonstration thats going to tell the federal government “ENOUGH”. every stoner, supporter, and sympathizer needs to grab an O and walk down to D.C. and demand the ‘change’ that was supposed to happen. When will you realize that weed wont be legalized unless the feds are backed up into a corner. The fact is we need to force it through. we shouldnt be afraid of the government. the government should be afraid of us.

  30. this is why we need to have a nation-wide demonstration thats going to tell the federal government “ENOUGH”. every stoner, supporter, and sympathizer needs to grab an O and walk down to D.C. and demand the ‘change’ that was supposed to happen. When will you realize that weed wont be legalized unless the feds are backed up into a corner. The fact is we need to force it down these bastard’s throats. we shouldnt be afraid of the government. the government should be afraid of us. you want it THAT BADLY? get your ass up off the couch and TAKE IT

  31. I wonder how this compares to other countries. Say, the UK or Spain…or Australia. How do we compare to other countries, that keep (somewhat) reliable statistics?

  32. I am over 20 years’ clean and sober. This means I no longer smoke pot. That does not mean, however, that everybody else should not smoke pot. Most of my life I have failed to understand why good people without my problems can’t go out and smoke reefer. It’s cheaper to grow than tobacco and it’s less dangerous than tobacco. The Liberal Party of Canada is finally making noises that will legalize it. Considering your President and a number of your former Presidents are former cokeheads, I personally don’t see what the big deal is. And it is a crime that all those good people are behind bars or carrying records. Good luck, potheads!

  33. Well..there are a lot of laws out there that people more less abide by while a lot of people do not, more or less, abide by.
    I am not prohibitionist at all.
    However, while the numerous available non essential recreational intoxicants are deemed as illegal those people that do not abide by the current laws will have to suffer the ramifications.
    ALL people who get caught breaking any of the numerous laws they do get caught breaking are not happy about having to face the consequences of breaking the laws when they get caught.
    Those same people would want the laws changed so they do not have to face the law or laws they have broken.
    They also do not consider themselves to be law breakers and consider the laws to be stupid or out dated or should not exist or should be changed to suit the agenda and practices of the people that are in conflict of those laws or regulations or rules.
    Everyone is not happy about a long list of laws when they are caught violating any of those existing laws.
    Should marijuana smokers be absoved of any wrong doing when they do get caught breaking the laws???
    In the future when the present laws are removed and or substituted for legal consumption regulations and rules of consumption decorum ( which will still be backed up by various laws and various means of enforcement) …should the pot smokers be given further leniency and be further absolved of any enforcements of the regulations or laws???
    When the violators are repeatedly revealed or caught violating the regulations can we expect them to cooperate with the regulations and the laws that enforce the regulations???
    I would say NOT as nearly 60 years of wide spread marijuana consumption has proven that the drug users will continue to violate the rules and or the regulations and or any laws that enforce the rules and regulations related to the supply and consumption of Marijuana.
    All to many ( a whole lot of them actually) will continue to ignore and or violate any rules and or regulations that impede or curb or restrict the insistant consumption of their beloved intoxicant called marijuana.
    While they are continuing to break those rules and regulations they will still be trying to absolve themselves of any wrong doing or culpability when they “do” get caught breaking them.
    They will still be arguing that alcohol and the other drugs are more liable and dangerous while arguing that marijuana has never killed anyone and marijuana is a harmless drug and no one should go to jail for smoking marijuana or selling marijuana. In their minds there should be no laws connected to marijuana consumption while they would certainly continue to break the existing rules and regulations and violate the laws pertaining to legal marijuana supply and consumption.
    In the minds of the POT HEADS there will always be “prohibition” if any person who consumes marijuana has to consume the drug
    (intoxicant) while having to be subjected to any “disagreed” government rules or regulations or laws.
    Because, when they do get caught and have to face the law(s) and or accept the penalties for breaking or violating any of the rules and regulations of legal pot consumption they will still be arguing it is the existing rules and regulations of legal pot consumption that is causing the problems…not them and or their violation(s) of the rules and regulations…as is the mentality and mind set of all people who get caught breaking any number of rules and regulations and laws that they ignore or refuse to conform to.
    The merry go round mentality of pot consumption will continue unabated…this you can be assured of.

  34. Well..there are a lot of laws out there that people more orless abide by while a lot of people do not, more or less, abide by.
    I am not prohibitionist at all.
    However, while the numerous available non essential recreational intoxicants are deemed as illegal those people that do not abide by the current laws will have to suffer the ramifications.
    ALL people who get caught breaking any of the numerous laws they do get caught breaking are not happy about having to face the consequences of breaking the laws when they get caught.
    Those same people would want the laws changed so they do not have to face the and accept the penalities.
    They also do not consider themselves to be law breakers and consider the laws to be stupid or out dated or should not exist or should be changed to suit the agenda and practices of the people that are in conflict of those laws or regulations or rules.
    Everyone is not happy about a long list of laws when they are caught violating any of those existing laws.
    Should marijuana smokers be absoved of any wrong doing when they do get caught breaking the laws???
    In the future when the present laws are removed and or substituted for legal consumption regulations and rules of consumption decorum ( which will still be backed up by various laws and various means of enforcement) …should the pot smokers be given further leniency and be further absolved of any enforcements of the regulations or laws???
    When the violators are repeatedly revealed or caught violating the regulations can we expect them to cooperate with the regulations and the laws that enforce the regulations???
    I would say NOT as nearly 60 years of wide spread marijuana consumption has proven that the drug users will continue to violate the rules and or the regulations and or any laws that enforce the rules and regulations related to the supply and consumption of Marijuana.
    All to many ( a whole lot of them actually) will continue to ignore and or violate any rules and or regulations that impede or curb or restrict the insistant consumption of their beloved intoxicant called marijuana.
    While they are continuing to break those rules and regulations they will still be trying to absolve themselves of any wrong doing or culpability when they “do” get caught breaking them.
    They will still be arguing that alcohol and the other drugs are more liable and dangerous while arguing that marijuana has never killed anyone and marijuana is a harmless drug and no one should go to jail for smoking marijuana or selling marijuana. In their minds there should be no laws connected to marijuana consumption while they would certainly continue to break the existing rules and regulations and violate the laws pertaining to legal marijuana supply and consumption.
    In the minds of the POT HEADS there will always be “prohibition” if any person who consumes marijuana has to consume the drug
    (intoxicant) while having to be subjected to any “disagreed” government rules or regulations or laws.
    Because, when they do get caught and have to face the law(s) and or accept the penalties for breaking or violating any of the rules and regulations of legal pot consumption they will still be arguing it is the existing rules and regulations of legal pot consumption that is causing the problems…not them and or their violation(s) of the rules and regulations…as is the mentality and mind set of all people who get caught breaking any number of rules and regulations and laws that they ignore or refuse to conform to.
    The merry go round mentality of pot consumption will continue unabated…this you can be assured of.

  35. happy needs to smoke one and chill. #1 86.5 people per hour are arrested in the u.s for marijuana related crimes. 858,500 prosecutions for pot alone.thats ALOT of MONEY saved. #2 most intelligent people know this country is broke ass and NEEDS new MONEY. look at cnn pushing the hell out of legalization. the gov pushes them to push it. MONEY. same sex marriage, legalization and taxation of marijuana.. both great things in my opinion, but its all about the MONEY

  36. i will have to do some research but i dont think its so much the pot heads pushing for legalization as the government. however, the majority of colorado’s voters approved of legalization.

  37. Holy Christ!!! 10 plant in NJ is 10 year mandatory sentence. The governor in PA said anything they pass in senate i will veto. But he is hated and the new election is next year in 2014 the poles say he will lose. i just have find who support legalization for the next governor. Im thinking 3 years it will legal in PA.

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