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Punishing and treating drug use in the criminal legal system
On this page, the Prison Policy Initiative has curated all of the research about drug policy that we know of. You can also see a selection of our best original research on this topic on our Drug policy page. For research on other criminal justice topics, see our Research Library homepage.
The Drug Treatment Debate: Why Accessible and Voluntary Treatment Wins Out Over Forced Drug Policy Alliance, September, 2024“People who rightfully feel violated when private health information is shared with courts or law enforcement, are unlikely to be fully transparent with their service provider...they are also less likely to seek support in the future.”
Disparities in Medication Use for Criminal Justice System-Referred Opioid Use Disorder TreatmentJ. Travis Donahoe, Julie M. Donohue, & Brendan K. Saloner, September, 2024“49% of individuals referred to opioid use disorder (OUD) treatment by noncriminal justice sources received MOUD. A total of 34% of individuals referred to treatment by criminal justice sources received the same treatment.”
"Expected to happen": perspectives on post-release overdose from recently incarcerated people with opioid use disorder Pryce S. Michener, Elyse Bianchet, Shannon Fox, et al, July, 2024“This study provides novel insights into the perceptions of post-release overdose risk from people with OUD who have experienced incarceration in Massachusetts jails and received MOUD while incarcerated.”
Prison Buprenorphine Implementation and Postrelease Opioid Use Disorder OutcomesBenjamin J. Bovell-Ammon, Shapei Yan, Devon Dunn, Elizabeth A. Evans, Peter D. Friedmann, Alexander Y. Walley, Marc R. LaRochelle, March, 2024“In a comparison between people released prior to and after making buprenorphine available in state prisons, postrelease buprenorphine increased from 11% of people released to 21% of people released and postrelease naltrexone receipt decreased.”
Oregon shouldn't go backwards on drug decriminalizationPrison Policy Initiative, February, 2024“There is no evidence that Measure 110 was associated with a rise in crime. In fact, crime in Oregon was 14% lower in 2023 than it was in 2020.”
Zombie politics: The return of failed criminal legal system policies in 2023 - and how to fight back Prison Policy Initiative, January, 2024“Many lawmakers believe that jails and prisons will provide treatment for opioid users - in fact, incarceration increases overdose risk, and few people receive treatment inside.”
The Real Causes and Solutions to Public Suffering, Including Public Drug UseDrug Policy Alliance, January, 2024“In your reporting, we encourage you to prioritize the people most directly impacted by the government failures... rather than the people whose lives are disrupted by the discomfort of witnessing this public suffering in their day to day lives.”(This issue brief is intended for journalists who report on public drug use and related policies in U.S. cities.)
Addicted to punishment: Jails and prisons punish drug use far more than they treat it Prison Policy Initiative, January, 2024“Many people who use drugs and need care are arrested and jailed over and over until, finally, one event lands them in prison. We estimate that more than 578,000 people (47%) in prison in 2022 had a substance use disorder in the year prior to admission.”
Accessing SNAP and TANF Benefits after a Drug Conviction: A Survey of State Laws Collateral Consequences Resource Center, December, 2023“As of December 5, 2023, 25 states and the District of Columbia have opted out of both federal bans, so that people with drug felony convictions may receive both SNAP and TANF benefits for which they are otherwise eligible.”
"All carrots and no stick": Perceived impacts, changes in practices, and attitudes among law enforcement following drug decriminalization in Oregon Paywall :(Hope M. Smiley-McDonald, Peyton R. Attaway, Lynn D. Wenger, Kathryn Greenwell, Barrot H. Lambdin, and Alex H. Kral, August, 2023“Law enforcement interviewees expressed frustration that they could not use drug possession as a "tool" for investigations to pursue and build cases, establish probable cause, and impose what they believed necessary for social order.”
Estimated Costs and Outcomes Associated With Use and Nonuse of Medications for Opioid Use Disorder During Incarceration and at Release in Massachusetts Avik Chatterjee et al, April, 2023“We found that initiating and continuing MOUD treatment during incarceration could avert a substantial number of opioid overdose deaths at a relatively low cost ($8 million over 5 years) and would be a highly cost-effective intervention.”
Overdose Prevention Centers: A Successful Strategy for Preventing Death and Disease The Cato Institute, February, 2023“Federally legalizing all drugs would allow harm-reduction organizations to operate facilities where people can consume drugs more safely.”
Weighing the Impact of Simple Possession of Marijuana: Trends and Sentencing in the Federal System United States Sentencing Commission, January, 2023“As of January 2022, no offenders sentenced solely for simple possession of marijuana remained in the custody of the Federal Bureau of Prisons.”
Performance Measures for Medication-assisted Treatment in Correctional Settings: A Framework for Implementation Legislative Analysis and Public Policy Association, December, 2022“An individual released from custody may not realize that even brief incarcerations could result in reduced tolerance levels and resuming use at the same rate and/or dose of pre-incarceration, leading to a fatal unintentional overdose.”
A Bitter PillAlabama Appleseed Center for Law & Justice, September, 2022“While it's rare for people whose only offense is simple possession to land in prison, it is far from unheard of...Convictions for these collateral offenses can be what...sends them to prison for crimes that are driven by addiction, not malice.”
Fentanyl in Colorado: Overview and recommendations for addressing the overdose crisis Colorado Criminal Justice Reform Coalition, March, 2022(This brief describes the failure to prevent fentanyl overdose by increasing criminal punishment, and instead offers public health and harm reduction strategies like increasing medication-assisted treatment in prisons and jails.)
Mass Incarceration: The Whole Pie 2022 Prison Policy Initiative, March, 2022“This big-picture view is a lens through which the main drivers of mass incarceration come into focus; it allows us to identify important, but often ignored, systems of confinement.”
Opioid Overdose Deaths Among Formerly Incarcerated Persons and the General Population: North Carolina, 2000-2018 Paywall :(Shabbar I Ranapurwala et al, February, 2022“While nationwide opioid overdose death rates declined from 2017 to 2018, OOD rates among North Carolina formerly incarcerated people increased by about a third, largely from fentanyl and its analogs.”
Drug Arrests Stayed High Even as Imprisonment Fell From 2009 to 2019Pew Charitable Trusts, February, 2022“[We] found divergent enforcement trends--high rates of arrest but substantially reduced incarceration--coupled with a lack of treatment options and high mortality rates among people with illicit drug dependence.”
Investigation of New York State Department of Corrections and Community Supervision Incarcerated Individual Drug Testing Program New York Office of the Inspector General, January, 2022“From January through August 2019, incarcerated individuals found to have positive drug test results at a disciplinary hearing received significant--and in some cases ultimately undeserved--punishments that jeopardized their rehabilitation and release.”
Using the Americans with Disabilities Act to Reduce Overdose DeathsDavid Howard Sinkman and Gregory Dorchak, January, 2022“The Department [of Justice] has a powerful enforcement tool to address the opioid crisis: helping jails and prisons satisfy their obligations under the Americans with Disabilities Act by providing all medications used to treat Opioid Use Disorder (OUD).”
When Accidental Overdose is Treated As Murder: Seeking Relief for Defendants Morgan Godvin, Northeastern University Health in Justice Action Lab, October, 2021“By scapegoating individuals for structural failures and conflating performative vengeance with justice, the government has opened a new frontier in the Drug War.”
A New Approach: A Prosecutor's Guide to Advancing a Public Health Response to Drug Use Institute for Innovation in Prosecution at John Jay College, September, 2021“With robust enforcement powers and political influence, prosecutors have a unique opportunity to improve our society's response to drug use while minimizing the harms of the legal system.”
Criminalized or Medicalized? Examining the Role of Race in Responses to Drug Use Paywall :(Sade L Lindsay, Mike Vuolo, August, 2021“We analyze 400 articles from the New York Times and Washington Post to assess the degree to which the two crises were racialized, criminalized, and medicalized. We find that media coverage medicalized and humanized White people who use opiates...”
The Opioid Epidemic and Homicide in the United StatesPaywall :(Richard Rosenfeld, Joel Wallman, Randolph Roth, January, 2021“Those who happen to live in communities with high opioid use...suffer from the impact of living in communities with high homicide rates.”
Since you asked: What role does drug enforcement play in the rising incarceration of women? Prison Policy Initiative, November, 2020“Over the past 35 years, total arrests have risen 25% for women, while decreasing 33% for men. The increase among women is largely driven by drugs.”
State supervision, punishment and poverty: The case of drug bans on welfare receipt Amanda Sheely, August, 2020“I find that poverty is lower among people with drug convictions in states that opted out of the drug ban, compared to full ban states.”
"Whatever they do, I'm her comfort, I'm her protector." How the foster system has become ground zero for the U.S. drug war Movement for Family Power, NYU Family Defense Clinic, Drug Policy Alliance, June, 2020“We estimate this number jumps to one in three Black and/or Latinx children having had contact with ACS in the past five years, either through an investigation, service provision or foster care.”
A Tale of Two Countries: Racially Targeted Arrests in the Era of Marijuana Reform ACLU, April, 2020“On average, a Black person is 3.64 times more likely to be arrested for marijuana possession than a white person, even though Black and white people use marijuana at similar rates.”
Opioids, Race, and Drug Enforcement: Exploring Local Relationships Between Neighborhood Context and Black-White Opioid-Related Possession Arrests Paywall :(Ellen A. Donnelly, Jascha Wagner, Madeline Stenger, Hannah G. Cortina, Daniel J. O'Connell, Tammy L. Anderson, March, 2020“Calls for police service for overdoses increase White arrests in more advantaged, rural communities. Economic disadvantage and racial diversity in neighborhoods more strongly elevate possession arrest rates among Blacks relative to Whites.”
Changing Course in the Overdose Crisis: Moving from Punishment to Harm Reduction and Health Vera Institute of Justice, February, 2020“U.S. policies, practices, and systems continue to criminalize and punish people who use drugs within and beyond the criminal justice system.”
Ending the War on Drugs in Travis County, Texas: How Low-Level Drug Possession Arrests are Harmful and Ineffective TCJC, Grassroots Leadership, Texas Harm Reduction Alliance, and the Civil Rights Clinic at the University of Texas School of Law, February, 2020“Between 2013 and 2017, the number of low-level Possession of a Controlled Substance (POCS) cases in Travis County increased by 43 percent,3 and Travis County courts saw a 66 percent increase in the overall number of new felony drug possession cases.”
Criminal Justice Reform in the Fentanyl Era: One Step Forward, Two Steps Back Drug Policy Alliance, January, 2020“A recent analysis of federal fentanyl sentencing revealed that 75% of all individuals sentenced for fentanyl trafficking were people of color, suggesting that fentanyl enforcement already mirrors other disparate drug enforcement.”
Rethinking the "Drug Dealer"Drug Policy Alliance, December, 2019“Imprisoning people who sell drugs does not reduce the drug supply, increase drug prices, or prevent drug use.”
Diverted Opportunities: Gaps in Drug Treatment for Justice System-Involved Populations in Harris County, Texas Katharine Neill Harris and Jay Jenkins, December, 2019“Findings from this project are consistent with prior research that suggests the justice system is generally not designed to meet the needs of a large segment of the diverted population.”
Treatment versus Punishment: Understanding Racial Inequalities in Drug Policy Jin Woo Kim, Evan Morgan, Brendan Nyhan, December, 2019“Policy makers were more likely to introduce punitive drug-related bills during the crack scare and are more likely to introduce treatment-oriented bills during the current opioid crisis.”
Association of Punitive and Reporting State Policies Related to Substance Use in Pregnancy With Rates of Neonatal Abstinence Syndrome Laura J. Faherty, Ashley M. Kranz, Joshua Russell-Fritch, et al., November, 2019(Punitive policies related to substance use in pregnancy were not associated with a reduction in (neonatal abstinence syndrome) NAS rates, and in fact, these policies may have been associated with an increase in rates of NAS.)
The Cannabis Effect on Crime: Time-Series Analysis of Crime in Colorado and Washington State Ruibin Lu et al., October, 2019“Our results suggest that marijuana legalization and sales have had minimal to no effect on major crimes in Colorado or Washington.”
America's Favorite Antidote: Drug-Induced Homicide in the Age of the Overdose Crisis Leo Beletsky, September, 2019“At a time of crisis, drug-induced homicide laws and prosecutions represent a false prophecy of retribution, deterrence, and incapacitation.”
Drug use in the year after prisonPaywall :(Bruce Western, Jessica T. Simes, August, 2019“Results suggest that in a Medicaid expansion state where health coverage is widely provided to people leaving prison, formerly-incarcerated men and women use medications, not illegal drugs, to address their health needs.”
The benefits and implementation challenges of the first state-wide comprehensive medication for addictions program in a unified jail and prison setting Paywall :(Lauren Brinkley-Rubinstein et al., August, 2019“A majority of participants discussed program benefits such as reduced withdrawal symptoms, decreased prevalence of illicit drug use in the facility, improved general environment at the RIDOC, and increased post-release intentions to continue MAT.”
Use of Medication-Assisted Treatment for Opioid Use Disorder in Criminal Justice SettingsSubstance Abuse and Mental Health Services Administration, July, 2019“Following incarceration, individuals with opioid use disorder enter back into the environment where their substance use originated. Unfortunately, this puts the individual at high risk for relapse.”
Incarceration and opioid withdrawal: The experiences of methadone patients and out-of-treatment heroin users Mitchell et al., June, 2019(Withdrawal is infrequently treated and represents a lost opportunity to engage or retain heroin addicted individuals in treatment and thereby reduce their risk for HIV, for overdose deaths, and for recidivism to drug use and crime.)
Does Locked Up Mean Locked Out? The Effects of the Anti-Drug Act of 1986 on Black Male Students' College Enrollment Tolani Britton, April, 2019“The results suggest that Black males had a 2.2% point decrease in the relative probability of college enrollment after the passage of the Anti-Drug Abuse Act of 1986.”
High Time for Criminal Justice Reform: Marijuana Expungement Statutes in States with Legalized or Decriminalized Marijuana Laws Alana E. Rosen, February, 2019“States that legalize or decriminalize marijuana should automatically include expungement provisions that dismiss and erase, resentence, or redesignate the records of individuals with previous marijuana-related convictions.”
Effect of Continuing Care for People with Cocaine Dependence on Criminal Justice SentencesAlexandra S. Wimberly, Jordan M. Hyatt, & James R. McKay, January, 2019“People with cocaine dependence [in an] intensive outpatient program & a telephone-based continuing care intervention had 54% lower odds of a criminal sentence in the 4 years after enrollment...compared to those [in only an] intensive outpatient program.”
Sharks and Minnows in the War on Drugs: A Study of Quantity, Race and Drug Type in Drug Arrests Joseph E. Kennedy, Isaac Unah, and Kasi Wahlers, December, 2018“This Article is the first to conclusively establish that the war on drugs is being waged primarily against those possessing or selling minuscule amounts of drugs.”
A Public Health Strategy for the Opioid CrisisSaloner et al., November, 2018“A tough-on-crime approach has a high likelihood of backfiring: overzealous law enforcement can lead fewer people to come forward when their companions are overdosing, thereby increasing health risks.”
Reclassified State Drug Law Reforms to Reduce Felony Convictions and Increase Second Chances Urban Institute, October, 2018“Reclassifying drug possession from a felony to a misdemeanor can reduce the negative impacts imposed on people and communities by felony convictions, reduce imprisonment of people convicted of drug possession, and redirect limited resources to treatment.”
Postincarceration Fatal Overdoses After Implementing Medications for Addiction Treatment in a Statewide Correctional System Traci C. Green et al., April, 2018“We observed a large and clinically meaningful reduction in postincarceration deaths from overdose among inmates released from incarceration after implementation of a comprehensive MAT program in a statewide correctional facility.”
The Detention and Forced Medical Treatment of Pregnant Women: A Human Rights Perspective American Constitution Society, March, 2018(This report argues that laws authorizing the detention and forced medical treatment of pregnant women suspected of drug or alcohol abuse violate human rights standards and are a mistaken legal response to address individual and public health issues.)
One War. Two Races. Bias Reigns in Florida's War on Drugs Herald Tribune, January, 2018“Blacks represent 17 percent of Florida’s population but have accounted for 46 percent of the state’s felony drug convictions since 2004.”
OPIOIDS: Treating an Illness, Ending a War The Sentencing Project, December, 2017“This report examines the sources of the opioid crisis, surveys health and justice policy responses at the federal and state levels, and draws on lessons from past drug crises to provide guidance on how to proceed.”
An Overdose Death Is Not Murder: Why Drug-Induced Homicide Laws Are Counterproductive and Inhumane Drug Policy Alliance, November, 2017(This report argues that drug-induced homicide laws exacerbate the very problem they seek to remediate by discouraging people who use drugs from seeking help and assistance.)
Access to Health Care and Criminal Behavior: Short-Run Evidence from the ACA Medicaid Expansions Jacob Vogler, September, 2017(This research article indicates that state Medicaid expansions have resulted in significant decreases in annual crime by 3.2 percent.)
Seizing Chicago: Drug stings and asset forfeiture target the poor Prison Policy Initiative, August, 2017“Instead of protecting Chicago's communities, state asset forfeiture practices and drug stings set up by federal agents target low-income, Black, and Latino residents, setting them up to fail.”
Drug Use, Dependence, And Abuse Among State Prisoners And Jail Inmates, 2007-2009Bureau of Justice Statistics, June, 2017“More than half of state prisoners and two-thirds of sentenced jail inmates met the criteria for drug dependence or abuse...In comparison, approximately 5% of the total general population age 18 or older met the criteria”
Federal Prisons at a CrossroadsThe Sentencing Project, June, 2017“The number of people incarcerated in federal prisons has declined substantially in recent years. But recently enacted policy changes at the Department of Justice (DOJ) and certain Congressional proposals appear poised to reverse this progress.”
The Lack of a Relationship between Drug Imprisonment and Drug ProblemsThe Pew Charitable Trusts, June, 2017“There is no statistically significant relationship between state drug offender imprisonment rates and three measures of state drug problems: rates of illicit drug use, drug overdose deaths, and drug arrests.”
BJS report: Drug abuse and addiction at the root of 21% of crimes Prison Policy Initiative, June, 2017“More than half of the state prison population and two-thirds of the sentenced jail population report drug dependence or abuse, compared to just 5% of the adult general population.”
Neither Justice nor Treatment: Drug Courts in the United States Physicians for Human Rights, June, 2017“Overall, PHR found that drug courts largely failed at providing treatment to those who truly needed it, and filled up limited treatment spaces with court-mandated patients who didn't always need the care.”
Unequal & Unfair: New Jersey's War on Marijuana Users American Civil Liberties Union of New Jersey, May, 2017“New Jersey is making more arrests for marijuana possession than ever before.”
Criminalizing Pregnancy: Policing Pregnant Women Who Use Drugs in the USA Amnesty International, May, 2017“Often known as "fetal assault", "chemical endangerment" or "personhood" laws, these measures have been used to arrest and prosecute women who experience pregnancy complications and conditions such as drug dependence.”
Reducing Substance Use Disorders and Related Offending A Continuum of Evidence-Informed Practices in the Criminal Justice System Illinois Criminal Justice Information Authority, April, 2017“By integrating evidence-informed practices, criminal justice agencies and communities can save lives, decrease costs to the criminal justice system, healthcare systems, and taxpayers.”
A New Normal: Helping the Criminal Justice System Address Opioid Overdoses Vera Institute of Justice, February, 2017“[O]ver the last decade communities and public officials have increasingly called for an approach to drug use that employs harm reduction principles, making the issue a public health concern rather than one to be managed by the criminal justice system.”
Declining Drug Enforcement After Proposition 47Center on Juvenile and Criminal Justice, January, 2017“The county data suggests [that] Proposition 47 reduced inconsistencies in the classification of drug possession offenses as felonies or misdemeanors.”
Every 25 Seconds: The Human Toll of Criminalizing Drug Use in the United States Human Rights Watch and the ACLU, October, 2016“More than one of every nine arrests by state law enforcement is for drug possession, amounting to more than 1.25 million arrests each year.”
Substance Abuse Treatment Centers and Local CrimeBondurant, Samuel R.; Lindo, Jason M.; and Swensen, Isaac D., September, 2016(This report finds that substance-abuse-treatment facilities reduce both violent and financially motivated crimes in an area, and that the effects are particularly pronounced for relatively serious crimes.)
Report to the Congress: Career Offender Sentencing Enhancements United States Sentencing Commission, August, 2016“The career offender directive should be amended to differentiate between career offenders with different types of criminal records, and is best focused on those offenders who have committed at least one 'crime of violence.'”
Global burden of HIV, viral hepatitis, and tuberculosis in prisoners and detainees National Drug and Alcohol Research Centre, July, 2016“The most effective way of controlling these infections in prisoners and the broader community is to reduce the incarceration of people who inject drugs.”
Racial Disparity in Marijuana Policing in New OrleansVera Institute of Justice, July, 2016“This report illuminates through quantitative analysis the persistent racial disparities in marijuana policing from 2010 - 2015 and discusses the impacts of statutory and policy reforms the city has implemented to date.”
Have we gone too far myth busting criminal justice reform? Drug policy is still important Prison Policy Initiative, May, 2016“We didn't get mass incarceration from War on Drugs alone, but drugs play an important role in less discussed stages of criminal justice systems”
Mass Incarceration: The Whole Pie 2016 Prison Policy Initiative, March, 2016(The American criminal justice system holds more than 2.3 million people in thousands of facilities, and we go deeper to provide further detail on where and why.)
Marijuana Legalization in Colorado: Early Findings Colorado Department of Public Safety, March, 2016“The total number of marijuana arrests decreased by 46% between 2012 and 2014, from 12,894 to 7,004.”
Health Disparities in Drug- and Alcohol-Use Disorders: A 12-Year Longitudinal Study of Youths After Detention American Journal of Public Health, December, 2015“Drug abuse appears to have greater consequences for racial/ethnic minorities, especially African Americans, than for non-Hispanic Whites.”
Mass Incarceration: The Whole Pie 2015 Prison Policy Initiative, December, 2015(The U.S. locks up more than 2.3 million people in prisons, jails, and other facilities on any given day.)
Who Gets Time for Federal Drug Offenses? Data Trends and Opportunities for Reform Urban Institute, November, 2015(This brief finds that many people in federal prison for drug crimes have minimal or no criminal histories, and most were not convicted of violent or leading roles.)
How to reduce the federal prison populationUrban Institute, October, 2015“Substantial reductions to the BOP population can be achieved by reforming sentencing law and policy for drug trafficking.”
Drug Offenders In Federal Prisons: Estimates Of Characteristics Based on Linked Data Bureau of Justice Statistics; Urban Institute, October, 2015“Almost all (99.5%) drug offenders in federal prison were serving sentences for drug trafficking.”
Federal Drug Sentencing Laws Bring High Cost, Low Return: Penalty increases enacted in 1980s and 1990s have not reduced drug use or recidivism Pew Charitable Trusts Public Safety Performance Project, August, 2015“From 1980 to 2011 (the latest year for which comparable statistics are available), the average prison sentence imposed on drug offenders increased 36 percent.”
A Price Too High: US Families Torn Apart by Deportations for Drug Offenses Human Rights Watch, June, 2015“[T]he US is deporting a significant number of both permanent residents and undocumented individuals with strong family and community ties to the US, often for minor or old drug offenses.”
Drivers of Growth in the Federal Prison PopulationUrban Institute, March, 2015“The biggest driver of growth in the prison population is in federally sentenced drug offenders, almost all of whom were convicted of drug trafficking.”
Bridging the Gap: Improving the Health of Justice-Involved People through Information Technology Vera Institute of Justice, March, 2015“Aims to address the problems of disconnected justice and health systems and to develop solutions by describing barriers, benefits, and best practices for connecting community providers and correctional facilities using health information technology (HITs)”
Federal Justice Statistics, 2012 - Statistical TablesBureau of Justice Statistics, January, 2015“Tables and text describe arrests and investigations by law enforcement agency and growth rates by type of offense and federal judicial district.”
Review of the Drug Enforcement Administration's Use of Cold Consent Encounters at Mass Transportation Facilities Department of Justice Office of the Inspector General, January, 2015“The DEA does not collect sufficient data on cold consent encounters to enable it or the OIG to assess whether the encounters are conducted in an unbiased or effective manner.”
End of an Era? The Impact of Drug Law Reform in New York City Vera Institute of Justice, January, 2015“The National Institute of Justice-funded study found that drug law reform, as it functioned in the city soon after the laws were passed, led to a 35 percent rise in the rate of diversion of eligible defendants to treatment.”
A Natural Experiment in Reform: Analyzing Drug Policy Change In New York City, Final Report Vera Institute of Justice, January, 2015“Individuals in the Diversion Group were rearrested at a lower rate than those in the Sentenced Group. Therefore, there is a law enforcement benefit of $146 and a court system benefit of $886 per person in treatment.”
Drugs: International Comparators Home Office, October, 2014“We did not in our fact-finding observe any obvious relationship between the toughness of a country’s enforcement against drug possession, and levels of drug use in that country.”
Reforming Marijuana Laws: Which Approach Best Reduces the Harms of Criminalization? A Five-State Analysis Center on Juvenile and Criminal Justice, September, 2014“All five states experienced substantial declines in marijuana possession arrests. The four states with available data also showed unexpected drops in marijuana felony arrests.”
The Health Impacts of Prop 47: A Case Story Human Impact Partners, September, 2014(A health impact analysis study of the public health and equity benefits of reclassifying six low-level crimes of drug possession and petty theft from felonies to misdemeanors in California.)
Results from the 2013 National Survey on Drug Use and Health: Summary of National Findings U.S. Department of Health and Human Services, September, 2014“In 2013, an estimated 24.6 million Americans aged 12 or older---9.4 percent of the population---had used an illicit drug in the past month.”
Managing Drug-Involved OffendersDepartment of Justice, July, 2014“Drug courts, which also mandate drug treatment but under judicial supervision, have demonstrated better outcomes than standard treatment diversion programs.”
Recidivism Among Offenders Receiving Retroactive Sentence Reductions The 2007 Crack Cocaine Amendment United States Sentencing Commission, May, 2014“This publication reports on recidivism of crack cocaine offenders who were released immediately before and after implementation of the 2007 Crack Cocaine Amendment, and followed in the community for five years.”
Ending the Drug Wars Report of the LSE Expert Group on the Economics of Drug Policy London School of Economics, May, 2014“A global system which predominantly encourages policies that transfer the costs of prohibition onto poorer producer and transit countries, as the current system does, is an ineffective and unsustainable way to control drugs in the long term.”
Collateral Costs Racial Disparities and Injustice in Minnesota's Marijuana Laws Minnesota 2020, April, 2014“...blacks in Minnesota were 6.4 times more likely than whites to be arrested for marijuana possession – over two times the national average.”
Investigation of the Drug Laboratory at the William A. Hinton State Laboratory Institute 2002-2012 Office of the Inspector General Commonwealth of Massachusetts, March, 2014“Dookhan admitted to”
Reaching too far: How Connecticut's large sentencing enhancement zones miss the mark Prison Policy Initiative, March, 2014“This report shows that the law doesn't work, it cannot possibly work, and that it creates an unfair two-tiered system of justice based on a haphazard distinction between urban and rural areas of the state.”
The Effect of Medical Marijuana Laws on Crime: Evidence from State Panel Data, 1990-2006 Plos One, March, 2014“...states passing Medical Marijuana Legalization laws experienced reductions in crime and the rate of reduction appears to be steeper for states passing MML laws as compared to others for several crimes such as homicide, robbery, and aggravated assault.”
Impact of opioid substitution therapy on mortality postrelease from prison: retrospective data linkage study National Drug and Alcohol Research Centre, February, 2014“In New South Wales, Australia, opioid substitution therapy in prison and post-release appears to reduce mortality risk in the immediate post-release period.”
Incarceration is associated with used syringe lending among active injection drug users with detectable plasma HIV-1 RNA: a longitudinal analysis BMC Infectious Diseases, December, 2013“Among people who inject drugs (PWID), exposure to correctional facilities is common and has been consistently associated with heightened risk of sharing used syringes...”
Healthcare Not Handcuffs: Putting the Affordable Care Act to Work for Criminal Justice and Drug Policy Reform ACLU, December, 2013“...the legislation represents an opportunity to recast substance use disorders and drug use as a matter for public health rather than criminal justice...”
A Living Death Life Without Parole for Nonviolent Offenses ACLU, November, 2013“About 79 percent of the 3,278 prisoners serving life without parole were sentenced to die in prison for nonviolent drug crimes.”
A Lifetime of Punishment: The Impact of the Felony Drug Ban on Welfare Benefits The Sentencing Project, November, 2013“... there is little reason to believe that barring individuals with felony drug convictions from receiving welfare benefits deters drug use or crime.”
Third Time the Charm? State Laws on Medical Cannabis Distribution and Department of Justice Guidance on Enforcement Americans for Safe Access, November, 2013“In fact, the Obama Administration has outspent all predecessors, with enforcement targeting medical cannabis programs and participants that has cost taxpayers over $300 million and destroyed thousands of lives.”
Mortality After Prison Release: Opioid Overdose and Other Causes of Death, Risk Factors, and Time Trends From 1999 to 2009 Ingrid A. Binswanger et al., October, 2013“The leading cause of death in former prisoners was overdose. Pharmaceutical opioids were the most common substances involved in these deaths.”
Results from the 2012 National Survey on Drug Use and Health: Summary of National Findings Substance Abuse and Mental Health Services Administration, September, 2013“Among adults aged 50 to 64, the rate of current illicit drug use increased during the past decade. For adults aged 50-54, the rate increased from 3.4% in 2002 to 7.2% in 2012, and among those aged 55-59 it increased from 1.9% in 2002 to 6.6% in 2012.”
Drug Testing and Crime-Related Restrictions in TANF, SNAP, and Housing Assistance Congressional Research Service, September, 2013“The 1996 welfare reform law gave states the option of requiring drug tests for TANF recipients and penalizing those who fail such tests.”
Treatment of the Highest-risk Offenders Can Avoid CostsOregon Secretary of State, August, 2013“Oregon taxpayers and victims could have avoided about $21.6 million in costs if substance abuse treatment had been provided to all of the highest-risk offenders.”
The War on Marijuana in Black and White: Billions of Dollars Waster on Racially Biased Arrests American Civil Liberties Union, June, 2013“On average, a Black person is 3.73 times more likely to be arrested for marijuana possession than a white person, even though Blacks and whites use marijuana at similar rates”
One Million Police Hours Making 440,000 Marijuana Possession Arrests In New York City, 2002‐2012 Drug Policy Alliance, March, 2013“From 2002 to 2012 police have spend one million hours making 440,000 marijuana possession arrests. That is the equivalent of having 31 police officers working eight hours a day, 365 days a year, for 11 years, making only marijuana possession arrests.”
Blueprint for a Public Health and Safety Approach to Drug PolicyNew York Academy of Medicine and the Drug Policy Alliance, March, 2013“This report finds two clear themes: 1) structural issues (like income disparities, education, & opportunity) profoundly shape experiences of drug policies; 2) when problematic drug use does occur, our response should involve help instead of sanctions.”
The War on Drugs: Undermining peace and security International Drug Policy Consortium, February, 2013“Total expenditure on drug law enforcement by the US has been estimated at over $1 trillion during the last 40 years.”
Effective Approaches to Drug Crimes In Texas: Strategies to Reduce Crime, Save Money, and Treat Addiction Texas Criminal Justice Coalition, January, 2013“Specifically, policy-makers must support the efforts of practitioners who are seeking to effectively treat those with substance abuse by improving and making more widely available community-based rehabilitation and treatment diversion alternatives.”
Does Federal Financial Aid Affect College Enrollment? Evidence from Drug Offenders and the Higher Education Act of 1998 Cornell University, January, 2013“The ban on Federal financial aid increased the amount of time between high school graduation and college enrollment, affected students were less likely to ever enroll in college, and the law did not deter young people from committing drug felonies.”
ADAM II 2013 Annual Report Arrestee Drug Abuse Monitoring Program II, January, 2013“The Arrestee Drug Abuse Monitoring II (ADAM II) survey gathers information on drug use and related issues from booked adult male arrestees within 48 hours of their arrest.”
The Growth & Increasing Cost of the Federal Prison System: Drivers and Potential Solutions Urban Institute, December, 2012“Reducing sentence length, particularly for drug offenders, would be the most direct way to slow the projected growth of the BOP population.”
Examining Growth in the Federal Prison Population, 1998 to 2010Urban Institute, December, 2012“The increase in expected time served by drug offenders was the single greatest contributor to growth in the federal prison population between 1998 and 2010.”
Treatment Instead of Prison HIA (Case Story)Human Impact Partners, November, 2012“Expanding alternatives to incarceration would reduce the prison population, reduce crime, lower recidivism, and strengthen families by keeping up to 1,600 parents a year out of prison each year.”
What Have We Done? Mass Incarceration and the Targeting of Albany's Black Males by Federal, State, and Local Authorities Center for Law and Justice, October, 2012“Law enforcement officials are now using a new tool to arrest and prosecute drug-related crimes: racketeering laws. Young African-American men from Albany are now being subjected to additional years in prison, in some cases for committing no new crimes.”
Reducing the U.S. Demand for Illegal Drugs A Report by the United States Senate Caucus on International Narcotics Control United States Senate Caucus on International Narcotics Control, June, 2012“Drug courts have proven to be effective. According to a 2006 study, approximately three-quarters of drug courts – or 78 % – were found to have significantly reduced crime. The personal attention provided in drug courts can have life-changing effects.”
The Costs and Benefits of Community-Based Substance Abuse Treatment in the District of Columbia Urban Institute, April, 2012“On average, we find there is a 55 percent chance that a community-based substance abuse treatment (CBSAT) program serving 150 people would yield benefits that exceed its costs. The median benefit of CBSAT is $615 per person higher than its costs.”
Eligibility and Capacity Impact Use of Flexibilities to Reduce Inmates' Time Government Accountability Office, February, 2012“Increased funding would have reduced the Residential Drug Abuse Treatment Program wait lists and enabled eligible inmates to enter the program early enough to earn their maximum allowable sentence reductions.”
Adult Drug Courts Studies Show Courts Reduce Recidivism, but DOJ Could Enhance Future Performance Measure Revision Efforts Government Accountability Office, December, 2011“GAO's analysis of evaluations reporting relapse data for eight programs showed that drug-court program participants were less likely than comparison group members to use drugs [...] although the difference was not always significant.”
Breakthrough in U.S. Drug Sentencing Reform The Fair Sentencing Act and the Unfinished Reform Agenda Sentencing Project, November, 2011“Efforts are underway among the advocacy community to build upon the sentence reduction embraced by the Fair Sentencing Act and to capitalize on the reform movement that has been gaining momentum at the state level.”
Cracked JusticeSentencing Project, March, 2011“In Missouri, a defendant convicted of selling six grams of crack cocaine faces the same prison term –a ten-year mandatory minimum – as someone who sells 450 grams of powder cocaine, or 75 times that amount.”
Drug Courts Are Not the Answer Toward a Health-Centered Approach to Drug Use Drug Policy Alliance, March, 2011“Incarceration, when used to punish continued drug use or relapse, is [...] at odds with a health approach [...]. In a treatment setting, relapse is met with more intensive services. In drug court, relapse is often met with [...] removal of treatment...”
Addicted to Courts How a Growing Dependence on Drug Courts Impacts People and Communities Justice Policy Institute, March, 2011“Treatment in the community is about 10 times more cost-effective than drug courts; it costs considerably less and is almost equally as effective as drug courts in reducing recidivism.”
The Chicago Lawyers' Committee's Review of Alternatives for Non- Violent Offenders Chicago Lawyers' Committee, 2011“This article first addresses specific reforms that have been implemented nationwide relating to non-violent offenders, highlights examples of states that have implemented more aggressive aspects of such reforms, and discusses Illinois' policies.”
Illinois Disproportionate Justice Impact Study Commission Final Report Illinois Disproportionate Justice Impact Study Commission, December, 2010“Statewide, among defendants with a Class 4 possession charge, African-Americans were sentenced to prison at a rate almost five times greater than whites: 19 percent of African-American defendants compared with 4 percent of white defendants.”
America's Problem-Solving Courts The Criminal Costs of Treatment and the Case for Reform National Association of Criminal Defense Lawyers, September, 2009“Conditioning treatment on an arrest and entry in the criminal justice system sends a perverse message to the person and is an enormous waste of scarce public and court resources.”
Drug Courts: A Review of the Evidence Sentencing Project, April, 2009“An analysis of research findings from 76 drug courts found a 10% reduction in rearrest.”
The Rockefeller Drug Laws: Unjust, Irrational, Ineffective New York Civil Liberties Union, March, 2009“New York's mandatory-minimum drug sentencing scheme has [...] not reduced the availability of drugs or deterred their use; it has not made us safer.”(This report documents the harms of mandatory-sentencing drug laws, focusing on their ineffectiveness and racial and fiscal impact. This report suggests a that rehabilitative approach to drug policy would be more sucessful.)
Judging Maryland Baltimore Judges on Effective Solutions to Working with Substance Abusers in the Criminal Justice System Justice Policy Institute, March, 2009“Judges recommend an increase in or expansion of residential care facilities and a more holistic approach to helping substance abusers caught up in the criminal justice system.”
Reaching too far, coming up short: How large sentencing enhancement zones miss the mark Prison Policy Initiative, January, 2009“Massachusetts cannot afford to preserve a law that fails to protect children while draining the state coffers and incarcerating Latinos and Blacks at a rate 26 to 30 times as frequently as Whites.”
The Geography of Punishment: How Huge Sentencing Enhancement Zones Harm Communities, Fail to Protect Children Prison Policy Initiative, July, 2008“Our analysis found that less than a third (29%) of White Hampden County residents live in enhancement zones, but that more than half (52%) of Black and Latino residents live in school zones.”(Finds zone law fails to move drug crimes away from schools while increasing racial disparities in sentencing.)
Disparity By Geography: The War on Drugs in America's Cities The Sentencing Project, May, 2008“Documents the growth in drug arrests at the city-level between 1980 and 2003 and the role of the”
Health and Prisoner Reentry: How Physical, Mental, and Substance Abuse Conditions Shape the Process of Reintegration Urban Institute, February, 2008“Nearly all returning prisoners—8 in 10 men and 9 in 10 women—had chronic health conditions requiring treatment or management.”
The Vortex: The Concentrated Racial Impact of Drug Imprisonment and the Characteristics of Punitive Counties Justice Policy Institute, December, 2007“The report documents racial disparities in the use of prison for drug offenses in 193 of the 198 counties that reported to government entities.”
A 25-Year Quagmire: The War on Drugs and Its Impact on American Society Sentencing Project, September, 2007“Four of five (81.7%) drug arrests were for possession offenses, and 42.6% were for marijuana charges in 2005.”
Cocaine and Federal Sentencing PolicyUnited States Sentencing Commission, May, 2007“Federal cocaine sentencing policy... continues to come under almost universal criticism... and inaction in this area is of increasing concern to many, including the Commission.”
Through a Different Lens: Shifting the Focus on Illinois Drug Policy, An examination of states' solutions and applicability to Illinois Roosevelt University - Institute for Metropolitan Affairs, May, 2007“[I]f $20 million of Illinois state dollars were invested in the model alternative to incarceration program, Illinois taxpayers have the potential to save between $50 and $150 million per year.”(An overview of 20 years of changes in Illinois drug laws and how they led to ever-increasing levels of incarceration.)
DTAP (Drug Treatment Alternative-to-Prison) Sixteenth Annual ReportKings County (Brooklyn) District Attorney, April, 2007“In its sixteenth year of operation, DTAP continued to maintain high treatment retention and low recidivism rates and to produce enormous cost savings.”
Evaluation of the Substance Abuse and Crime Prevention Act: Final Report University Of California Los Angeles and Integrated Substance Abuse Programs, April, 2007“SACPA represents a major shift in criminal justice policy, inasmuch as adults convicted of [eligible] nonviolent drug offenses... can now be sentenced to probation with drug treatment instead of either probation without treatment or incarceration.”
New Jersey's Drug Courts, Special Probation and Proposal for ReformThe New Jersey Commission to Review Criminal Sentencing, April, 2007“[P]rograms that combine comprehensive treatment, intensive supervision and judicial oversight cost substantially less than prolonged periods of imprisonment... the public benefits not only from the reduction in crime, but also from significant savings...”
Supplemental Report on New Jersey's Drug Free Zone Crimes & Proposal For Reform The New Jersey Commission to Review Criminal Sentencing, April, 2007(The commission restates its findings from last year's report, emphasizing their reliability and significance. Adding new arguments, it urges the legislature to act on its recommendations to reduce the size of the drug free zones in New Jersey.)
Changing Direction? State Sentencing Reforms 2004-2006 The Sentencing Project, March, 2007“The report... identifies that the most popular approach for reducing prison crowding -- implemented by 13 states -- was the diversion of low-level drug offenders from prison to drug treatment programs.”
Cracks in the System: Twenty Years of the Unjust Federal Crack Cocaine Law ACLU, October, 2006“Although there are more white cocaine users, national drug enforcement and prosecutorial policies and practices have resulted in inner city communities of color being targeted almost exclusively.”
Progress and Challenges: An analysis of drug treatment and imprisonment in Maryland from 2000 to 2005 Justice Policy Institute, September, 2006“Crime trends since 2000 appear to support the argument that treatment does more than imprisonment to reduce crime.”
Federal Criminal Justice Trends, 2003Bureau of Justice Statistics, August, 2006“Drug offenses remained the most prevalent offense across stages over 10-year period.”
Evidence-based Treatment of Alcohol, Drug, and Mental Health Disorders: Potential Benefits, Costs, and Fiscal Impacts for Washington State Washington State Institute for Public Policy, June, 2006“Per dollar of treatment cost, we estimate that evidence-based treatment generates about $3.77 in benefits for people in Washington. Expressed as a return on investment, this is equivalent to roughly a 56 percent rate of return.”
The Next Big Thing? Methamphetamine In the United States Sentencing Project, June, 2006“This report examines the development of methamphetamine as the”
Harmful Drug Law Hits Home: How Many College Students Have Lost Their Financial Aid Due to Drug Convictions? Students for Sensible Drug Policy, May, 2006
Drugs and crime in Ireland Overview 3 Health Research Board, May, 2006(The report examines the perceived and actual links between drugs and crime in Ireland.)
Proposition 36: Five Years LaterJustice Policy Institute, April, 2006“California Sees Greatest Drop in Drug Prisoners among Large State Prison Systems since Prop. 36 [was] enacted.”
Disparity by Design: How drug-free zone laws impact racial disparity - and fail to protect youth Justice Policy Institute, March, 2006“[D]rugfree zone laws... are not effective in reducing the sale or use of drugs, or in protecting school children - and the role these laws play to increase unwarranted racial disparity is well documented.”
Benefit-Cost in the California Treatment Outcome Project Does Substance Abuse Treatment Susan L. Ettner, David Huange, Elizabeth Evans, et. al. (Published in Health Services Research, Volume 41), January, 2006“Our best estimate is that on average, substance abuse treatment costs $1,583 and is associated with a societal benefit of $11,487, representing a 7:1 ratio of benefits to costs.”
Treatment Instead of Prisons: A Roadmap for Sentencing and Correctional Policy in Wisconsin Justice Strategies, January, 2006“Absent a major investment of tax dollars in treatment services, however, we found that the state is likely to face mounting prison populations pressures in coming years due to growth in nonviolent admissions and revocations of post-release supervision.”
Drug Use and Dependence, State and Federal Prisoners, 2004Bureau of Justice Statistics, 2006“Among drug dependent or abusing prisoners, 40% of State and 49% of Federal inmates took part in drug abuse treatment or programs since admission to prison.”(Presents data from the 2004 Survey of Inmates in State and Federal Correctional Facilities on prisoners' prior use, dependence, and abuse of illegal drugs.)
Minimum Mandatory Sentence Final Report Connecticut General Assembly, December, 2005“Mandatory minimum sentencing laws were specifically intended to deter offenders and thereby reduce crime (and curb drug use). There is no direct evidence to suggest that the state's mandatory minimum sentencing laws reduced the crime rate (or drug use).”
Adult Drug Courts: Evidence Indicates Recidivism Reductions and Mixed Results for Other Outcomes United States Government Accountability Office, February, 2005
Washington's Drug Offender Sentencing Alternative: An Evaluation of Benefits and Costs Washington State Institute for Public Policy, January, 2005“[O]ur overall finding is that [Drug Offender Sentencing Alternative] is an effective criminal justice policy for drug offenders but neutral for drug-involved property offenders.”
Crimes of Indiscretion: Marijuana Arrests in the United States NORML Foundation (National Organization for the Reform of Marijuana Laws), 2005
Treatment or Incarceration: National and State Findings on the Efficacy and Cost Savings of Drug Treatment Versus Imprisonment Justice Policy Institute, March, 2004
Washington State's Drug Courts for Adult Defendants: Outcome Evaluation and Cost-Benefit Analysis Washington State Institute for Public Policy, March, 2003“We found that the five adult drug courts generate $1.74 in benefits for each dollar of costs. Thus, adult drug courts appear to be cost-effective additions to Washington’s criminal justice system.”
Drug Treatment in the Criminal Justice System The Current State of Knowledge Urban Institute, January, 2003“Prisoners are not getting the drug treatment programs that would reduce their drug abuse and criminal behavior.”
Drug Use and Justice 2002: An Examination of California Drug Policy Enforcement Center on Juvenile and Criminal Justice, December, 2002
Drug and Crime FactsBureau of Justice Statistics, May, 2002“This site summarizes U.S. statistics about drug-related crimes, law enforcement, courts, and corrections from Bureau of Justice Statistics (BJS) and non-BJS sources”
Drug War FactsCommon Sense for Drug Policy, May, 2002(Summaries with footnotes of major research on the war on drugs. Read individual chapters or download the whole thing)
The War on Drugs and the War on Abortion: Some Initial Thoughts on the Connections, Intersections, and the Effects Lynn Paltrow, May, 2002(By recognizing the similarity between reproductive rights and the drug war there is an opportunity for a deeper understanding of each issue and a basis for developing analysis and action that can counteract the forces of punishment and prohibition.)
Defining the Disparity -Taking A Closer Look: Do Drug Use Patterns Explain Racial/Ethnic Disparities in Drug Arrests in Minnesota Council on Crime and Justice, April, 2002“For African American males the reported drug use rate was 51% greater than White males, while the arrest rate was 400% higher nationally and 1000% higher in Minnesota.”
Survey on Drug Use and Drug PolicyColorado Criminal Justice Reform Coalition, September, 2001“voter attitudes and opinions toward issues relating to drug abuse and drug policy in Colorado”
An Empirical Study of the School Zone Law in Three Cities in Massachusetts Join Together, July, 2001“MA law requiring mandatory sentences for selling drugs near schools does not and can not increase safety near schools”(Fall River, New Bedford and Springfield)
Drugs and Disparity: The Racial Impact of Illinois' Practice of Transferring Young Drug Offenders Building Blocks for Youth, April, 2001
Drug War ClockDrug Sense, 2001(See how much has been spent this year on the drug war. Also shows the number of drug war arrests and prison sentences.)
Drug Use and Justice: An Examination of California Drug Policy Enforcement Justice Policy Institute, October, 2000
Poor Prescription: The Costs of Imprisoning Drug Offenders in the United States Justice Policy Institute, July, 2000
Collateral Casualties Children of Incarcerated Drug Offenders in New York Human Rights Watch, June, 2000“An estimated 23,537 children currently have parents in New York prisons convicted of drug charges.”
Some Days Are Harder Than Hard: Welfare Reform and Women With Drug Convictions in Pennsylvania Center for Law and Social Policy, December, 1999
Gender and Justice: Women, Drugs, and Sentencing Policy Sentencing Project, October, 1999
The Path to Prison: A Response to The Governor's Assessment of Drug Offender Incarceration Rates Human Rights Watch, May, 1999(powerful myth/fact format)
Behind Bars: Substance Abuse and America's Prison Population Charles E. Culpeper Foundation and The Robert Wood Johnson Foundation, January, 1998“Three years in the making, this CASA report is the most penetrating analysis ever attempted of the relationship of drug and alcohol abuse and addiction to the explosion of America's prison population.”
Does the punishment fit the crime? Drug users and drunk drivers, questions of race and class Sentencing Project, May, 1993(Executive summary to longer report not available online)
War on Drugs: New York Policies and Some Sober Thoughts New York State Coalition for Criminal Justice, September, 1989
