


Costs of the Drug War in Arkansas
1. Arkansas
spends over $122 million yearly to prohibit illegal
drugs.
According to the
most recent figures from the Office of National Drug
Control Policy (ONDCP), in 1999 state and local
expenditures on control of illegal drugs exceeded
$13 billion per year. With Arkansas at .94% of
national population, its per capita share of this
cost is $122,200,000.
Source:
National Research Council, National Academy of
Sciences, “Informing America’s Policy on Illegal
Drugs: What We Don’t Know Keeps Hurting Us,”
(Washington DC: National Academy Press, 2001) p. 1
2. Arkansas
spends over $32 million per year for police
enforcement of drug laws.
Arkansas
arrested 14,873 persons for drug law violations in
1999, 6.8% of its total arrests. Police costs for
these arrests, based on the Bureau of Justice
statistics, was $32,023,920.
3. Of this,
Arkansas spends over $20 million for marijuana
arrests alone.
Arkansas
arrested 9421 persons for marijuana law violations
in 1999, 4.3% of its total arrests. Police costs for
these arrests, based on the Bureau of Justice
statistics, was $20,250,420.
Source:
Bauer, Lynn & Steven D. Owens, “Justice Expenditure
and Employment in the United States, 2001"
(Washington DC: US Dept of Justice, Bureau of
Justice Statistics, May 2004), NCJ202792, p. 4.
Source:
Arrest Data 1999, Arkansas Crime Information Center
4. Arkansas
spends over $29,300,000 yearly on marijuana arrest,
prosecution, and jail.
In 2000,
marijuana offenses were 3.87% of all state arrests.
Police costs were estimated at $13.6 million;
judicial and legal costs over $3 million, and
correctional costs over $12.6 million.
Source:
Bureau of Justice Statistics, Criminal Justice
Expenditure and Employment Extracts Program (2000);
Uniform Crime Reports, County-level Details Arrest
and Offense Data (2000). Full report “Crimes of
Indiscretion” online at
www.norml.org.
5. Over 24%
of Arkansas’s corrections system population are
prisoners of the drug war, costing the state over
$86 million per year.
In 1998,
Arkansas prisons housed 15,950 prisoners, of which
3834 were drug law offenders (24%). Based on Bureau
of Justice statistics where Arkansas’ annual cost
for state corrections is $301,054,000, drug law
violators account for corrections expenditures of
approximately $86,652,960.
The average
annual cost in the United States for total justice
expenditures in 2001 was $167 billion, of which
local police accounted for 30% and state corrections
for 23%. Arkansas’s share in this cost per year is
$470,940,000 for police and $301,054,000 for state
corrections.
Source:
Leslie Powell, Director, Arkansas Sentencing
Commission by phone July 2000.
Source:
Bauer, Lynn & Steven D. Owens, “Justice Expenditure
and Employment in the United States, 2001"
(Washington DC: US Dept of Justice, Bureau of
Justice Statistics, May 2004), NCJ202792, p. 4.
Money
Wasted in Failed Drug War Could Help Our Kids
·
Arkansas taxpayers spend over $20
million per year paying police to arrest
marijuana users. 1 In many states, persons caught
with marijuana receive a citation like a traffic
ticket, which saves millions of dollars in
expenditures for police, legal services, and
corrections. Researchers have found that giving
'on-the-spot' fines to marijuana users did not cause
marijuana use to increase. 2
·
Almost $13 million of the
state correctional budget is spent on marijuana
offenders if marijuana offenders are incarcerated at
the same proportion of overall offenses as they are
arrested, at 4.3%. 3
·
Do we want to build
more prisons instead of schools?
In 2002 about 15% of the population admitted using
marijuana in the last month. In Arkansas, that's
about 305,000 people. Do we really expect our law
enforcement community to be diligent in its duty
under current law to arrest these nonviolent
offenders? 4
·
Arkansas spends over $122 million
per year in support of failed drug policies. How
many children would avoid the risk of addiction if
that money was invested in early education, family
support, and community health and mental services
treatment centers? 5
1 Marijuana arrests comprise 4.3% of total Arkansas
arrests at a police cost of $20,250,420 for 2001.
The Bureau of Justice Statistics report “Justice
Expenditures and Employment in the United States,
2001,” by Lynn Bauer and Steven D. Owens,
(Washington D C: US Dept of Justice, Bureau of
Justice Statistics, May 2004), NCJ202792., p. 4,
revealed total justice expenditures in 2001 of $167
billion, of which local police accounted for 30%. At
.94% of the national population, Arkansas’ estimated
police costs in 2001 were $470 million.
2 Ali, Robert, et al., The Social Impacts of the
Cannabis Expiation Notice Scheme in South Australia:
Summary Report (Canberra, Australia: Department of
Health and Aged Care, 1999) p. 44.
3 Bauer and Owens study noted that state corrections
accounted for 23% of the $167 total justice
expenditures in 2001, of which the Arkansas share
would be $301,054,000.
4 Over 24% of the Arkansas prison population are
prisoners of the drug war, costing the state over
$86 million per year. (Data from Arkansas Sentencing
Commission for 2000)
5
The Office of National Drug Control Policy (ONDCP)
estimated that in 1999 state and local expenditures
on control of illegal drugs exceeded $13 billion per
year. Arkansas’ per capita cost, based on these
figures, would be $122,200,000 per year. (National
Research Council, National Academy of Sciences
“Informing America’s Policy on Illegal Drugs: What
We Don’t Know Keeps Hurting Us,” (Washington DC:
National Academy Press, 2001) p. 1)
See
www.acic.org
for Arkansas arrest data
For the SAMSHA Household Study of
Drug Abuse, see
www.samhsa.gov/oas/NHSDA/2k1NHSDA/vol2/appendixh_1.htm
and
www.samhsa.gov/oas/NHSDA/2k1NHSDA/vol2/appendixg.htm
For 2001 census figures on
Arkansas population, see
http://quickfacts.census.gov/qfd/states/05000.html
FOR IMMEDIATE
RELEASE November 5, 2002
Supply/Demand Economics Led To
Football Team Captain Arrest for Marijuana
Drug Policy Reform Group Analyzes
Marijuana Market in Arkansas; Estimates Arkansas’
Cost for Marijuana Prohibition
Fayetteville, AR: Perhaps we
should not be surprised when intelligent and
ambitious young entrepreneurs such as UA football
team captain Jermaine Brooks are discovered selling
marijuana. We are, after all, a nation proud of our
free enterprise economic system; making money is a
highly respected goal in life. Mr. Brooks, like
thousands before and – as long as marijuana
prohibition lasts – after him, finds it difficult to
ignore the enormous profits available in the
supply/demand cycle of the marijuana marketplace. It
was the same with alcohol prohibition.
Based on the U. S. Department of
Health and Human Services’ 2001 National Household
Survey on Drug Abuse, 55.6% of Mr. Brooks’ peer
group (ages 18-24) have experimented with drugs, the
majority of which used marijuana (50% of the peer
group; only 5.6% bothered to mess with other drugs).
One out of four has used marijuana in the last
month.
The actual population numbers for
Arkansas show that for the 262,738 people in Mr.
Brooks’ peer group, at a use rate of one-quarter
ounce per month for the one in four who use at least
monthly, approximately 16,400 ounces of marijuana,
or 1026 pounds, would be required to meet the
monthly demand for marijuana.
Those who have been shocked by the
seven and one-half pounds of marijuana found in Mr.
Brooks’ home may wish to place that quantity into
the context of the actual demand. Mr. Brooks’ stash
was about seven percent of the market share for a
month. Considering that the UA-F campus is the
largest collection of 18-24 year old people in the
state, it is likely that at least 750 pounds of
marijuana are marketed in this area on a regular,
per-monthly basis.
Beyond his peer group, nearly 10%
(9.3%) of the adult population use marijuana at
least monthly, according to the 2001 HHS survey.
Observers agree that this official estimate is no
doubt quite conservative, considering that many
adults will not answer "yes" to a telephone survey
asking about their use of marijuana. This estimate
alone, however, shows an additional Arkansas market
for 2705 pounds per month, bringing total monthly
demand in this illegal marketplace to 3455 pounds.
Let’s talk about supply: Like the
moonshiners of yore, marijuana growers are a furtive
lot. Sweating out the lengthy, somewhat conspicuous
process of production, growers sell at prices that
reflect the quality of their goods. On average, for
street grade marijuana generally imported from
Mexico, a wholesale pound brings a farmer less than
$100. For above average marijuana produced in
Arkansas, growers expect to receive up to $1200 per
pound. For purposes of our economic analysis, let’s
say that farmers in a legal market could expect to
earn $200 per pound.
A healthy marijuana plant of good
genetic stock will flourish in four square yards of
growing space. At that spacing, a small Arkansas
Delta farmer could expect to grow 440 plants per
acre. Each plant would yield a minimum of one pound,
assuming adequate sunlight, nutrients, and water. At
$200 per pound, the farmer’s one-acre crop would be
worth $88,000, from which he would subtract his
costs. In order to meet in state demand
conservatively estimated at 41,460 pounds per year,
approximately 200 farmers producing one-half acre
plots of marijuana each could generate this annual
crop, each farmer grossing $44,000 and creating a
total of $8,800,000 in new farm income for the most
depressed region of the state.
But the real money in marijuana,
like moonshine, is not so much in production but
rather in distribution. Current marijuana markets
inflate the base price of $200 per pound up to as
much as $2500 per pound at the point of sale, when
customers buy quarter-ounce portions at $40 per bag.
At every exchange along the way, handlers expect to
at least double their investment.
Like alcohol prohibition,
marijuana prohibition places this marketplace
outside the regulatory processes of commerce and
law. And like the times of alcohol prohibition,
persons wishing to take advantage of this lucrative
market must become a law unto themselves. Guns, gang
turf, and unsavory violence often become a part of
the marketplace.
Like the repeal of alcohol
prohibition, a regulated market for marijuana would
bring this commerce within the framework of state
and federal control. Marijuana-related guns and
violence would disappear. Quality standards would
control purity, grade, and packaging. Sellers would
conduct regular business hours and expect protection
by local law enforcement. Buyers would be checked by
identification to regulate the product’s
distribution to appropriate age groups.
Along with regulation would come
taxation. If we look only at the
Arkansas-age-25-and-older market for marijuana, at
2705 pounds per month, at approximately $2500 per
pound retail, the gross monthly trade is $6,762,500.
While not all this is profit by any means (farming,
harvesting, processing, packaging, transportation,
retailing), it can be used to estimate what a 20%
state tax on marijuana might produce: $1,352,500
monthly.
A market comparable to alcohol,
allowing sales to persons aged 21 and older, would
produce an additional $250,000 in monthly tax
revenue. Overall, yearly taxes could be
conservatively estimated at $19.2 million.
We know from multiple studies that
less than one person in a hundred who tries
marijuana will ever move on to use harder drugs. We
know that for many marijuana users, marketing by
drug dealers is the most likely means by which
marijuana users become exposed to more dangerous
drugs. We know that about 5% of all drug use is hard
drugs, meaning that 95% of our current drug war is
actually a marijuana war. By ending marijuana
prohibition, resources could be focused on the
dangerous drugs and substance addicts who most need
our attention.
By ending marijuana prohibition,
we could expect to see an enormous reduction in our
national drug war costs, currently estimated at $40
billion per year. Take away 95% and you don’t have
much cost left. We know that marijuana arrests
account for over half of Arkansas’ total annual drug
arrests. Ending marijuana prohibition would result
in enormous taxpayer cost reductions for law
enforcement, prosecutors, jails, prisons, probation,
and other direct services.
In the case of Mr. Brooks, if
sentenced to the possible 40 years his offense can
carry, the State of Arkansas will spend at least
$740,000 for his prison costs alone, based on a very
conservative current estimate of $18,500 per year
for Arkansas incarceration. Roughly, we could
estimate lost wages at $35,000 per year, including
state tax of $2000 per year. The average marijuana
prisoner leaves a job and a family; we could assume
that social support for a wife and two children
would cost the state another $20,000 per year. Other
costs: loss of economic activity supported by his
earnings; long-term lost productivity/economic
benefit due to having a prison record; psycho-social
damage caused by arrest and prison time. It would be
reasonable to estimate these "hidden" costs at
$60,000 per year for each year a marijuana prisoner
is incarcerated. Overall, we can safely estimate
that jailing a marijuana prisoner costs the state
between $25,000 and $75,000 per year.
If only 20% (1394) of the persons
arrested on marijuana charges (6974) end up spending
one year in jail, marijuana prohibition costs
$25,789,000 in prison costs alone. Averaging the
socio-economic costs at $50,000 per year, we can add
an additional $69,700,000 expense to our tally. If
we conservatively estimate that the state loses
another $3,000 per arrested person in the costs of
law enforcement salaries and equipment, building
jails, hiring prosecutors, paying public defenders,
maintaining courthouses, and multiple other
expenses, we can add another $20,922,000 to our
tally. Grand total conservatively estimated cost of
Arkansas’ marijuana prohibition per year:
$116,411,000.
And let’s not forget to consider
the lost tax revenue and lost productivity that
would become part of Arkansas economy with marijuana
regulation. We estimated a rough monthly gross
commerce of $6,762,500, so one year would come to
$81,144,000, including taxes generated. Added to
saved costs, the grand total of Arkansas’ potential
fiscal benefit from ending marijuana prohibition:
$197,555,000 per year.
The Budgetary Implications of
Marijuana Prohibition
June 2005
Jeffrey A. Miron
Visiting Professor of Economics
Harvard University
Cambridge, MA 02138
781-856-0086
miron@fas.harvard.edu
The Marijuana Policy Project provided
funding for the research discussed in this report.
Daniel Egan provided excellent research assistance.
Executive
Summary
-
Government prohibition of
marijuana is the subject of
ongoing debate.
-
One issue in this debate is the
effect of marijuana prohibition
on government budgets.
Prohibition entails direct
enforcement costs and prevents
taxation of marijuana production
and sale.
-
This report
examines the budgetary
implications of legalizing
marijuana – taxing and
regulating it like other goods –
in all fifty states and at the
federal level.
-
The report estimates that
legalizing marijuana would save
$7.7 billion per year in
government expenditure on
enforcement of prohibition. $5.3
billion of this savings would
accrue to state and local
governments, while $2.4 billion
would accrue to the federal
government.
-
The report also estimates that
marijuana legalization would
yield tax revenue of $2.4
billion annually if marijuana
were taxed like all other goods
and $6.2 billion annually if
marijuana were taxed at rates
comparable to those on alcohol
and tobacco.
-
Whether marijuana legalization
is a desirable policy depends on
many factors other than the
budgetary impacts discussed
here. But these impacts should
be included in a rational debate
about marijuana policy.
I. Introduction
Government
prohibition of marijuana is the
subject of ongoing debate. Advocates
believe prohibition reduces
marijuana trafficking and use,
thereby discouraging crime,
improving productivity and
increasing health. Critics believe
prohibition has only modest effects
on trafficking and use while causing
many problems typically attributed
to marijuana itself.
One issue in this
debate is the effect of marijuana
prohibition on government budgets.
Prohibition entails direct
enforcement costs, and prohibition
prevents taxation of marijuana
production and sale. If marijuana
were legal, enforcement costs would
be negligible and governments could
levy taxes on the production and
sale of marijuana. Thus, government
expenditure would decline and tax
revenue would increase.
This report
estimates the savings in government
expenditure and the gains in tax
revenue that would result from
replacing marijuana prohibition with
a regime in which marijuana is legal
but taxed and regulated like other
goods. The report is not an overall
evaluation of marijuana prohibition;
the magnitude of any budgetary
impact does not by itself determine
the wisdom of prohibition. But the
costs required to enforce
prohibition, and the transfers that
occur because income in a prohibited
sector is not taxed, are relevant to
rational discussion of this policy.
The policy change
considered in this report, marijuana
legalization, is more substantial
than marijuana decriminalization,
which means repealing criminal
penalties against possession but
retaining them against trafficking.
The budgetary implications of
legalization exceed those of
decriminalization for three reasons.[1]
First, legalization eliminates
arrests for trafficking in addition
to eliminating arrests for
possession. Second, legalization
saves prosecutorial, judicial, and
incarceration expenses; these
savings are minimal in the case of
decriminalization. Third,
legalization allows taxation of
marijuana production and sale.
This report
concludes that marijuana
legalization would reduce government
expenditure by $7.7 billion
annually. Marijuana legalization
would also generate tax revenue of
$2.4 billion annually if marijuana
were taxed like all other goods and
$6.2 billion annually if marijuana
were taxed at rates comparable to
those on alcohol and tobacco. These
budgetary impacts rely on a range of
assumptions, but these probably bias
the estimated expenditure reductions
and tax revenues downward.
The remainder of
the report proceeds as follows.
Section II estimates state and local
expenditure on marijuana
prohibition. Section III estimates
federal expenditure on marijuana
prohibition. Section IV estimates
the tax revenue that would accrue
from legalized marijuana. Section V
discusses caveats and implications.
II. State and Local Expenditure
for Drug Prohibition Enforcement
The savings in
state and local government
expenditure that would result from
marijuana legalization consists of
three main components: the reduction
in police resources from elimination
of marijuana arrests; the reduction
in prosecutorial and judicial
resources from elimination of
marijuana prosecutions; and the
reduction in correctional resources
from elimination of marijuana
incarcerations.[2]
There are other possible savings in
government expenditure from
legalization, but these are minor or
difficult to estimate with existing
data.[3]
The omission of these items biases
the estimated savings downward.
To estimate the
state savings in criminal justice
resources, this report uses the
following procedure. It estimates
the percentage of arrests in a state
for marijuana violations and
multiplies this by the budget for
police. It estimates the percentage
of prosecutions in a state for
marijuana violations and multiplies
this by the budget for prosecutors
and judges. It estimates the
percentage of incarcerations in a
state for marijuana violations and
multiplies this by the budget for
prisons. It then sums these
components to estimate the overall
reduction in government expenditure.
Under plausible assumptions, this
procedure yields a reasonable
estimate of the cost savings from
marijuana legalization.[4]
The Police Budget
Due to Marijuana Prohibition
The first cost of
marijuana prohibition is the portion
of state police budgets devoted to
marijuana arrests.
Table 1 calculates
the fraction of arrests in each
state due to marijuana prohibition.
Column 1 gives the total number of
arrests for the year 2000.[5]
Column 2 gives the number of arrests
for marijuana possession violations.
Column 3 gives the number of arrests
for marijuana sale/manufacturing
violations. Columns 4 and 5 give the
ratio of Column 2 to Column 1 and
Column 3 to Column 1, respectively;
these are the percentages of arrests
for possession and sale/manufacture
of marijuana, respectively.
The information in
Columns 4 and 5 is what is required
in the subsequent calculations,
subject to one modification. Some
arrests for marijuana violations,
especially those for possession,
occur because the arrestee is under
suspicion for a non-drug crime but
possesses marijuana that is
discovered by police during a
routine search. This means an arrest
for marijuana possession is
recorded, along with, or instead of,
an arrest on the other charge. If
marijuana possession were not a
criminal offense, the suspects in
such cases would still be arrested
on the charge that led to the
search, and police resources would
be used to approximately the same
extent as when marijuana possession
is criminal.[6]
In determining
which arrests represents a cost of
marijuana prohibition, therefore, it
is appropriate to count only those
that are “stand-alone,” meaning
those in which a marijuana violation
rather than some other charge is the
reason for the arrest. This issue
arises mainly for possession rather
than for trafficking. There are few
hard data on the fraction of
“stand-alone” possession arrests,
but the information in Miron (2002)
and Reuter, Hirschfield and Davies
(2001) suggests it is between 33%
and 85%.[7]
To err on the conservative side,
this report assumes that 50% of
possession arrests are due solely to
marijuana possession rather than
being incidental to some other
crime. Thus, the resources utilized
in making these arrests would be
available for other purposes if
marijuana possession were legal.
Column 6 of Table 1 therefore
indicates the fraction of possession
arrests attributable to marijuana
prohibition, taking this adjustment
into account.[8]
|
Table 1: Percentage
of Arrests Due to Marijuana
Prohibition |
| |
Total Arrests |
MJ Possession |
MJ Sale/Man. |
Poss % |
S/M % |
Poss % /2 |
| |
1 |
2 |
3 |
4 |
5 |
6 |
| Alabama |
215587 |
11501 |
258 |
0.053 |
0.001 |
0.027 |
| Alaska |
40181 |
1239 |
200 |
0.031 |
0.005 |
0.015 |
| Arizona |
304142 |
16288 |
1233 |
0.054 |
0.004 |
0.027 |
| Arkansas |
218521 |
6846 |
928 |
0.031 |
0.004 |
0.016 |
| California |
1428248 |
50149 |
12338 |
0.035 |
0.009 |
0.018 |
| Colorado |
282787 |
12067 |
604 |
0.043 |
0.002 |
0.021 |
| Connecticut |
146992 |
6751 |
773 |
0.046 |
0.005 |
0.023 |
| Delaware |
41515 |
2151 |
131 |
0.052 |
0.003 |
0.026 |
| D.C.* |
4009 |
32 |
0 |
0.008 |
0.000 |
0.004 |
| Florida* |
0 |
0 |
0 |
0.043 |
.006 |
0.022 |
| Georgia |
429674 |
24321 |
4093 |
0.057 |
0.010 |
0.028 |
| Hawaii |
64463 |
1110 |
167 |
0.017 |
0.003 |
0.009 |
| Idaho |
76032 |
2949 |
219 |
0.039 |
0.003 |
0.019 |
| Illinois* |
319920 |
0 |
0 |
0.043 |
0.006 |
0.000 |
| Indiana |
270022 |
14484 |
1806 |
0.054 |
0.007 |
0.027 |
| Iowa |
113394 |
6054 |
551 |
0.053 |
0.005 |
0.027 |
| Kansas |
78285 |
3277 |
594 |
0.042 |
0.008 |
0.021 |
| Kentucky* |
160899 |
10669 |
1188 |
0.066 |
0.007 |
0.033 |
| Louisiana |
297098 |
14941 |
2526 |
0.050 |
0.009 |
0.025 |
| Maine |
57203 |
3294 |
554 |
0.058 |
0.010 |
0.029 |
| Maryland |
318056 |
17113 |
2711 |
0.054 |
0.009 |
0.027 |
| Massachusetts |
160342 |
8975 |
1365 |
0.056 |
0.009 |
0.028 |
| Michigan |
413174 |
14629 |
2050 |
0.035 |
0.005 |
0.018 |
| Minnesota |
269010 |
9325 |
6782 |
0.035 |
0.025 |
0.017 |
| Mississippi |
202007 |
9925 |
1054 |
0.049 |
0.005 |
0.025 |
| Missouri |
322775 |
13202 |
1338 |
0.041 |
0.004 |
0.020 |
| Montana |
30396 |
384 |
35 |
0.013 |
0.001 |
0.006 |
| Nebraska |
97324 |
6787 |
326 |
0.070 |
0.003 |
0.035 |
| Nevada |
148656 |
3828 |
933 |
0.026 |
0.006 |
0.013 |
| New Hampshire |
50830 |
3706 |
550 |
0.073 |
0.011 |
0.036 |
| New Jersey |
375049 |
20285 |
3058 |
0.054 |
0.008 |
0.027 |
| New Mexico |
112829 |
2966 |
325 |
0.026 |
0.003 |
0.013 |
| New York |
1295374 |
101739 |
11309 |
0.079 |
0.009 |
0.039 |
| North Carolina |
523920 |
21179 |
2539 |
0.040 |
0.005 |
0.020 |
| North Dakota |
27846 |
896 |
137 |
0.032 |
0.005 |
0.016 |
| Ohio |
533364 |
25420 |
1863 |
0.048 |
0.003 |
0.024 |
| Oklahoma |
166004 |
11198 |
1302 |
0.067 |
0.008 |
0.034 |
| Oregon |
157748 |
6336 |
283 |
0.040 |
0.002 |
0.020 |
| Pennsylvania |
493339 |
16471 |
5057 |
0.033 |
0.010 |
0.017 |
| Rhode Island |
35733 |
2200 |
293 |
0.062 |
0.008 |
0.031 |
| South Carolina |
216451 |
14348 |
2370 |
0.066 |
0.011 |
0.033 |
| South Dakota |
41615 |
2449 |
153 |
0.059 |
0.004 |
0.029 |
| Tennessee |
232486 |
12869 |
2586 |
0.055 |
0.011 |
0.028 |
| Texas |
1074909 |
55509 |
1926 |
0.052 |
0.002 |
0.026 |
| Utah |
125553 |
4192 |
311 |
0.033 |
0.002 |
0.017 |
| Vermont |
17565 |
632 |
65 |
0.036 |
0.004 |
0.018 |
| Virginia |
303203 |
13140 |
1443 |
0.043 |
0.005 |
0.022 |
| Washington |
298474 |
13146 |
1329 |
0.044 |
0.004 |
0.022 |
| West Virginia |
51452 |
2618 |
248 |
0.051 |
0.005 |
0.025 |
| Wisconsin |
322877 |
45 |
16 |
0.000 |
0.000 |
0.000 |
| Wyoming |
34243 |
1633 |
164 |
0.048 |
0.005 |
0.024 |
The first portion
of Table 2 uses this information to
calculate the police budget due to
marijuana prohibition in each state.
Column 1 gives the total expenditure
in 2000 on police, by state. Column
2 gives the product of Column 1 with
the sum of Columns 5 and 6 from
Table 1. This is the amount spent on
arrests for marijuana violations.
For 2000, the amount is $1.71
billion.
The Judicial and
Legal Budget Due to Marijuana
Prohibition
The second main
cost of marijuana prohibition is the
portion of the prosecutorial and
judicial budget devoted to marijuana
prosecutions. A reasonable indicator
of this percentage is the fraction
of felony convictions in state
courts for marijuana offenses. Data
on this percentage are not available
on a state-by-state basis, so this
report uses the national percentage.
Data on the percentage of possession
convictions attributable to
marijuana are also not available, so
this report assumes it equals the
percentage for trafficking
convictions.
In 2000 the
percent of felony convictions in
state courts due to any type of
trafficking violation was 22.0%.[9]
Of this total, 2.7% was due to
marijuana, 5.9% was due to other
drugs, and 13.4% was unspecified.
This report assumes that the
fraction of marijuana convictions in
the unspecified category equals the
fraction for those in which a
specific drug is given, or 31.4%
[=2.7%/(2.7%+5.9%)]. The report also
assumes that the percentage of
possession convictions due to
marijuana equals this same fraction.
These assumptions jointly imply that
the percentage of felony convictions
due to marijuana equals the fraction
of felony convictions due to any
drug offense (34.6%) multiplied by
the percentage of trafficking
violations due to marijuana (31.4%).
This yields 10.9% (=34.6%*31.4%).[10]
The second portion
of Table 2 uses this information to
calculate the judicial and legal
budget due to marijuana prohibition.
Column 3 gives the judicial and
legal budget, by state. Column 4
gives the product of Column 3 and
10.9%, the percentage of felony
convictions due to marijuana
violations. This is the judicial and
legal budget due to marijuana
prosecutions. For 2000, the amount
is $2.94 billion.
The Corrections
Budget Due to Marijuana Prohibition
The third main
cost of marijuana prohibition is the
portion of the corrections budget
devoted to incarcerating marijuana
prisoners. A reasonable indicator of
this portion is the fraction of
prisoners incarcerated for marijuana
offenses.
As with the
percentage of prosecutions due to
marijuana, state-by-state
information on the percentage of
prisoners incarcerated for marijuana
offenses is not available.
Appropriate data do exist for a few
states, however, and this percentage
is likely to be similar across
states. This report therefore
computes a population-weighted
average based on the few states for
which data exist; it then imposes
this percentage on all states. This
percentage is 1.0%, as documented in
Appendix A.
The third portion
of Table 2 calculates the
corrections budget due to marijuana
prohibition.[11]
Column 5 gives the overall
corrections budget, by state. Column
6 gives the product of Column 5 and
1.0%, the estimated fraction of
prisoners incarcerated on marijuana
charges. This is the corrections
budget devoted to marijuana
prisoners. For 2000, the amount is
$484 million.
Overall State and Local
Expenditure for Enforcement of
Marijuana Prohibition
As shown at the
bottom of Table 2, total state and
local government expenditure for
enforcement of marijuana prohibition
was $5.1 billion for 2000. This is
an overstatement of the savings in
government expenditure that would
result from legalization, however,
for two reasons. First, under
prohibition the police sometimes
seize assets from those arrested for
marijuana violations (financial
accounts, cars, boats, land, houses,
and the like), with the proceeds
used to fund police and prosecutors.[12]
Second, under prohibition some
marijuana offenders pay fines, which
partially offsets the expenditure
required to arrest, convict and
incarcerate these offenders. The
calculations in Appendix B, however,
show that this offsetting revenue
has been at most $100 million per
year in recent years at the state
and local level. This implies a net
savings of criminal justice
resources from marijuana
legalization of $5.0 billion in
2000. Adjusting for inflation
implies savings of $5.3 billion in
2003.[13]
[14]
[15]