methamphetamine crime in virginia virginia criminal sentencing commission september 17, 2007
TRANSCRIPT
2
Methamphetamine
Sources: About Meth/Dangers to Children, Arizona’s Drug Endangered Children Program: Protecting Arizona’s Children http://www.azag.gov/DEC/about_meth.htmlPhoto Library, U.S. Drug Enforcement Administration http://www.dea.gov/photo_library3.htmlMethamphetamine and Meth Labs, Minnesota Department of Health http://www.health.state.mn.us/divs/eh/meth/methdrug.html
4
National Survey on Drug Use and Health U.S. Department of Health and Human Services - Substance
Abuse and Mental Health Services Administration (SAMHSA)
Formerly the National Household Survey on Drug Abuse (NHSDA), the NSDUH has provided information on the use of alcohol, tobacco, and illicit drugs by the civilian, non-institutionalized population since 1971
Interviews approximately 70,000 Americans age 12 or older over a 12 month period
Indicators of drug use for many drug types:
Ever used
Used in last year
Used in last month
Source: Results from the 2005 National Household Survey on Drug Abuse” Volume I, Summary of National Findings U.S. Department of Health and Human Services - Substance Abuse and Mental Health Services Administration Office of Applied Studies
5
Respondents Reporting Illicit Drug Use In 2005, roughly 19.7 million Americans age 12 or older (8.1%)
used an illicit drug during the month prior to the survey interview (termed “current illicit drug users”)
A small percentage (.2%) reported current use of methamphetamine
6.0% used marijuana in the past month
1.0% used cocaine
.3% used crack
.2% used ecstasy
.1% used heroin
0.5%0.1%0.2%0.2%0.3%
1.0%
6.0%
0%
1%
2%
3%
4%
5%
6%
7%
Source: Results from the 2005 National Household Survey on Drug Abuse” Volume I, Summary of National Findings U.S. Department of Health and Human Services - Substance Abuse and Mental Health Services Administration Office of Applied Studies
6
Age of Current Illicit Drug Users The majority of individuals reporting current drug use (52%) were
25 and under, with the highest rate of use among adults 18 to 20 years old
1.8%3.4%
5.2%6.6%7.2%7.6%
9.6%
12.9%
18.7%
22.3%
17.0%
12.7%
0.8%0%
5%
10%
15%
20%
25%
12-15
16-17
18-20
21-25
26-29
30-34
35-39
40-44
45-49
50-54
55-59
60-64
65+
Source: Results from the 2005 National Household Survey on Drug Abuse” Volume I, Summary of National Findings U.S. Department of Health and Human Services - Substance Abuse and Mental Health Services Administration Office of Applied Studies
7
Drug Use Over Time Between 2002-2003 and 2004-2005, the percentage of
respondents reporting past month illicit drug use decreased from 8.3% to 8%
This change was mirrored by a similar decline in Virginia, from 7.7% in 2002-2003 to 6.8% in 2004-2005
There was a statistically significant decrease from 11.9% to 8.3% among respondents between the ages of 12 and 17 in Virginia
While this decline was also observed on the national level, the difference was only -1.2% for the same time period
Source: Results from the 2005 National Household Survey on Drug Abuse” Volume I, Summary of National Findings U.S. Department of Health and Human Services - Substance Abuse and Mental Health Services Administration Office of Applied Studies
8
Monitoring the Future Funded by the National Institute on Drug Abuse, administered by the
University of Michigan’s Institute for Social Research
This study has gathered information on illicit drug use by students in the 12th grade since 1975 In 1991, 8th and 10th grade students were added to the sample
Interviews approximately 50,000 8th, 10th, and 12th graders in the United States each year
Added questions regarding methamphetamine in 1999 amidst increasing concern over the use of methamphetamine in general Questions relating to “ice” use have been included in the annual survey of
12th graders since 1990
Measures how many times respondents used particular drugs: in their lifetime during the past 12 months during the past 30 days
Source: “Monitoring the Future: National Results on Adolescent Drug Use, Over view of Key Findings 2005” U.S. Department of Health and Human Services – National Institute on Drug Abuse. NIH Publication 06-5882.
9
Percentage of Current Drug Use Among 12th Graders
Source: “Monitoring the Future: National Results on Adolescent Drug Use, Over view of Key Findings 2006” U.S. Department of Health and Human Services – National Institute on Drug Abuse. NIH Publication 07-6205.
The percentage of 12th grade students reporting marijuana use in the past 30 days decreased from 21% in 2003 to 18.3% in 2006, although it remains the most commonly reported drug
Current cocaine use increased by .4% between 2003 and 2006
Use of the other major drugs declined during this time period
0.4
0.8
1.7
0.9
2.1
0.5
0.8
1.4
1
2.3
0.5
0.90.91
2.3
0.4
0.70.90.9
2.5
0
0.5
1
1.5
2
2.5
3
Cocaine Crack Meth Ice Heroin
2003 2004 2005 2006
10
Use of Methamphetamine in the Past 30 Days
0.0%
0.2%
0.4%
0.6%
0.8%
1.0%
1.2%
1.4%
1.6%
1.8%
2.0%
1999 2000 2001 2002 2003 2004 2005 2006
8th 10th 12th
While 10th graders demonstrated the highest rate of methamphetamine use in the late 1990s, 12th graders overtook them in 2003, 2004, and 2006
The percentage of 10th and 12th grade students reporting methamphetamine use in the past 30 days has greatly decreased since 2000, from 2% to .7% and 1.9% to .9%, respectively
Source: “Monitoring the Future: National Results on Adolescent Drug Use, Over view of Key Findings 2006” U.S. Department of Health and Human Services – National Institute on Drug Abuse. NIH Publication 07-6205.
11
Virginia Community Youth Survey (CYS) Modeled after the national Monitoring the Future project
Funded by the Virginia Department of Mental Health, Mental Retardation, and Substance Abuse Services (DMHMRSAS), administered by the Virginia Commonwealth University Center for Public Policy
Conducted in 2000, 2003, and 2005
Duplicates questions in the Monitoring the Future survey but leaves out additional descriptions of drugs, including slang terms
Does not differentiate between cocaine and crack or meth and ice
Source: “2005 Virginia Community Youth Survey” Virginia Commonwealth University Center for Public Policy for the Virginia Department of Mental Health, Mental Retardation, and Substance Abuse Services.
12
Use of Illicit Drugs by 12th Graders, 2005
43.8%
4.4%4.8% 5.0% 2.6% 1.3%2.0%2.2%
20.0%
1.8%0%
10%
20%
30%
40%
50%
1.5%5.7% 5.4% 4.3%
44.6%
0.5%2.7%1.0%1.6%
20.1%
0%
10%
20%
30%
40%
50%
Sources: “2005 Virginia Community Youth Survey” Virginia Commonwealth University Center for Public Policy for the Virginia Department of Mental Health, Mental Retardation, and Substance Abuse Services. “Monitoring the Future: National Results on Adolescent Drug Use, Over view of Key Findings, 2005” U.S. Department of Health and Human Services – National Institute on Drug Abuse. NIH Publication 06-5882. Monitoring the Future Data Set, 2005, Inter-University Consortium for Political and Social Research, University of Michigan Institute for Social Research
The percentage of 12th graders in Virginia reporting that they used methamphetamine or ice at least once in their lifetime was slightly higher than the national rate in 2005
The percentage of 12th graders in Virginia reporting cocaine or crack use in the past 30 days was higher than the national rate
Lifetime Past 30 Days
Virginia National
13
Percentage of High School Students in Virginia Reporting Methamphetamine or Ice Use
Lifetime
6.0%
3.6%
1.8%
4.4%4.5%
1.2%
0.0%
1.0%
2.0%
3.0%
4.0%
5.0%
6.0%
7.0%
8th 10th 12th
20002005
Past 30 Days
2.0%1.4%
0.6%
2.0%2.3%
0.5%0.0%
1.0%
2.0%
3.0%
4.0%
5.0%
6.0%
7.0%
8th 10th 12th
Source: “Virginia Community Youth Survey,” 2003 and 2005. Virginia Commonwealth University Center for Public Policy for the Virginia Department of Mental Health, Mental Retardation, and Substance Abuse Services.
14
Percentage of Reported Methamphetamine or Ice Use Among High School Students, 2005
3.3
2.22.52.6
4.6
6
1.5
0.8
1.51.1
2.42.6
0
1
2
3
4
5
6
Lifetime
30 Days
Source: “2005 Virginia Community Youth Survey” Virginia Commonwealth University Center for Public Policy for the Virginia Department of Mental Health, Mental Retardation, and Substance Abuse Services.
Eastern
NorthernNorthwest
CentralSouthwest
15
Established by the US Department of Health and Human Services – Substance Abuse and Mental Health Services Administration (SAMHSA)
Gathers demographic and substance abuse characteristics of admissions to substance abuse services from state administrative systems (DMHMRSAS in Virginia)
TEDS data understates the number of admissions in Virginia since the information submitted to TEDS does not include emergency admissions
Using Community Service Boards (CSBs), DMHMRSAS collects information from publicly-funded providers of mental health, mental retardation, and substance abuse services within the Commonwealth
A change in the method of data collection by DMHMRSAS in 2004 resulted in a greater number of providers reporting to the CSBs than in past years
This change in reporting creates a problem in comparing raw numbers from prior years to data gathered after fiscal year 2004
DMHMRSAS is not very confident in the validity of data from fiscal years 2004 and 2005, although the data is improving
Treatment Episode Data Set (TEDS)
Source: “Treatment Episode Data Set (TEDS) Highlights – 2005: National Admissions to Substance Abuse Treatment Services” Department of Health and Human Services – Substance Abuse and Mental Health Services Administration Office of Applied Studies.
16
Substance Abuse Admissions in Virginia by Primary Drug Type
Source: Treatment Episode Data Set, Drug and Alcohol Services Information System (DASIS) U.S. Department of Health and Human Services - Substance Abuse and Mental Health Services Administration
34%33.2%24%
16%
36%
38.3%
56%
61%
2.4%0.6%0.4%0.2%
14%15.6%15%
14%13.5%
12.4%8% 6%
0%
5%
10%
15%
20%
25%
30%
35%
40%
45%
50%
55%
60%
65%
1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005
Marijuana Cocaine/Crack Methamphetamine Heroin Other Drugs
Change in reporting
17
26.2%20.0%
34.8%
63.5%
26.1%
22.2%
45.3%
53.3%
21.9%15.0%
26.1%
9.5%5.6%
8.7%11.7%
4.8%0%
10%
20%
30%
40%
50%
60%
70%
1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005
Individual Criminal Justice Referral
Healthcare Provider Other Community Referral*
Methamphetamine Admissions in Virginia by Source of Referral
Change in reporting
*Includes referrals from self-help groups, religious organizations, and federal, state, and local agencies providing aid in the areas of poverty relief, unemployment, shelter, or social welfareNote: Schools and employers each comprised a small percentage of referrals. In 2005, schools and employers combined accounted for less than 1% Source: Treatment Episode Data Set, Drug and Alcohol Services Information System (DASIS) U.S. Department of Health and Human Services - Substance Abuse and Mental Health Services Administration
SABRE funds available
18
Sources: Treatment Episode Data Set, Drug and Alcohol Services Information System (DASIS) U.S. Department of Health and Human Services - Substance Abuse and Mental Health Services Administration
“Methamphetamine: Abuse and Addiction” (2006) Research Report Series. National Institute on Drug Abuse – National Institutes of Health
48.5%
41.2%38.5%
19.5%
11.8%10.0%
31.1%
22.5%19.0%
34.1%
13.6%
20.0%16.7%
0.0%
5.0%
10.0%
15.0%
20.0%
25.0%
30.0%
35.0%
40.0%
45.0%
50.0%
Methamphetamine Admissions in Virginia Related to Smoking Methamphetamine
Smoking methamphetamine is a more addictive method of ingestion due to its connection to ice, a purer form of the drug
The percentage of admissions in Virginia relating to smoking methamphetamine increased from 16.7% in 1993 to 48.5% in 2005
19
Treatment Admissions in Virginia by Age, 2005
0
200
400
600
800
1,000
1,200
1,400
1,600
<18 18-20 21-24 25-29 30-34 35-39 40-44 45-49 50+
Marijuana Cocaine/Crack Heroin MethamphetamineSource: Treatment Episode Data Set, Drug and Alcohol Services Information System (DASIS) U.S. Department of Health and Human Services - Substance Abuse and Mental Health Services Administration
21
Number of Cases with Substances Submitted to the Department of Forensic Sciences
0
5000
10000
15000
20000
25000
30000
2000 2001 2002 2003 2004 2005 2006
Marijuana Cocaine Heroin Methamphetamine
The number of cases involving methamphetamine increased from 366 in 2000 to 1,084 in 2006
Counting cases with multiple drugs as a single case, the total number of drug cases involving marijuana, cocaine, heroin, or methamphetamine increased from 40,085 to 43,266 from 2000 to 2006
Note: Multiple types of drugs can be reported in each case.Source: Virginia Department of Forensic Sciences
22
64.4
83.6
43
55.655.1
47.4
56.5
4.55.36.88.68.612.29.9
4.65.16.35.36.97.46.90.71.24.6
0.92.50.8 0.80
10
20
30
40
50
60
70
80
90
2000 2001 2002 2003 2004 2005 2006
Marijuana Methamphetamine Cocaine Heroin
Average Weight of Drugs per Drug Case (in grams)
Source: Virginia Department of Forensic Sciences
23
National Forensic Laboratory Information System Regions
Source: “National Forensic Laboratory Information System 2005 Annual Report” Volume I, Summary of National Findings. U.S. Drug Enforcement Administration - Office of Diversion Control.
24
Primary Drug Type Submitted by Region
Note: Includes state and federal sourcesSource: “National Forensic Laboratory Information System 2005 Annual Report” Volume I, Summary of National Findings. U.S. Drug Enforcement Administration - Office of Diversion Control.
0%
5%
10%
15%
20%
25%
30%
35%
40%
45%
50%
2003 2004 2005 2003 2004 2005 2003 2004 2005 2003 2004 2005
Meth
Marijuana
Cocaine
Heroin
West Midwest Northeast South
25
Amount of Methamphetamine Seized by Federal Agencies, by State (in grams) 2002 2006
Rank State Quantity Rank State Quantity
1 California 311,200 1 California 2,067,300
2 Texas 131,300 2 Arizona 669,300
3 Arizona 130,700 3 Texas 650,500
4 Georgia 105,300 4 Georgia 209,500
5 Florida 103,100 5 Kansas 73,800
6 Kansas 59,900 6 New Mexico 64,800
7 Washington 58,200 7 Nevada 54,600
8 New Mexico 50,800 8 Washington 51,800
9 Indiana 39,700 9 Hawaii 50,500
10 Oregon 37,000 10 Colorado 50,300
11 Virginia 32,500 21 Virginia 13,500
Nation 1,356,500 Nation 4,371,800
Source: “DEA Briefs & Background, State Factsheets” 2003-2007. U.S. Drug Enforcement Administration.
27
Virginia’s Methamphetamine Provisions § 18.2-248(C):
Selling, manufacturing, distributing or possessing with the intent to distribute 10 grams or more of methamphetamine or 20 grams or more of a methamphetamine mixture is a felony with a 5 year mandatory minimum term of imprisonment unless certain criteria are met
§ 18.2-248(C1): Manufacturing up to 200 grams of a methamphetamine mixture is punishable
by 10 to 40 years for the first conviction and 10 years to life for a second or subsequent conviction; a third conviction carries a 3 year mandatory minimum term
§ 18.2-248(H1): Selling, manufacturing, distributing or possessing with the intent to
distribute at least 100 grams but less than 250 grams of methamphetamine or 200 grams but less than 1 kilogram of methamphetamine mixture is a felony with a 20 year mandatory minimum
§ 18.2-248(H2): Selling, manufacturing, distributing or possessing with the intent to
distribute at least 250 grams of methamphetamine or at least 1 kilogram of methamphetamine mixture is a felony with a mandatory minimum of life
28
Addressing Methamphetamine Precursors in the Commonwealth
On September 1, 2005, Governor Mark Warner issued Executive Directive 8, mandating that:
The State Health Commissioner issue an order limiting quantities that can be purchased of precursor ingredients used to manufacture methamphetamine
Further comprehensive educational efforts to help curb methamphetamine use be developed
DMHMRSAS develop a plan for treatment of methamphetamine addiction
The emergency order became effective on October 1, 2005 and expired on July 1, 2006
Source: “Curbing Methamphetamine Manufacture and Use” Executive Directive 8 (2005), Commonwealth of Virginia Office of the Governor
29
Managing Precursors The subsequent Order Finding Imminent Danger to the Public
Health and Requiring Corrective Action, issued by the Virginia Department of Health, restricted the sale of methamphetamine precursors
Retailers must collect and maintain records of purchases of ephedrine or pseudoephedrine
Retailers cannot sell more than 9 grams of precursor ingredients in one transaction
Retailers must keep products with ephedrine or pseudoephedrine as the only active ingredient behind a store counter
Consumers must provide photo identification before acquiring precursors
Consumers cannot obtain more than 9 grams of precursors in one transaction
Source: “Order Finding Imminent Danger to the Public Health and Requiring Corrective Action” Commonwealth of Virginia, Virginia Department of Health
30
Actions by the Virginia General Assembly In 2005, §18.2-248(J) of the Code of Virginia was added
Any person who possesses two or more methamphetamine precursors with the intent to manufacture methamphetamine is guilty of a Class 6 felony
§18.2-248.8 was created in 2006
Retail sales are limited to 3.6 grams of ephedrine or pseudoephedrine daily per customer
Retailers keep products containing ephedrine or pseudoephedrine behind a store counter or locked container that is not accessible to consumers
Retailers maintain a written or electronic log of purchaser and product identifying information unless the product contains less than 60 milligrams of pseudoephedrine
Purchasers furnish government issued photo identification
31
Child Endangerment and Clandestine Labs §18.2-248.02 was added in 2005
Any person 18 years of age or older who maintains a custodial relationship over a child and who knowingly allows that child to be present in the same dwelling, apartment, hotel unit, garage, shed, or vehicle during the manufacture of methamphetamine is guilty of a felony punishable by imprisonment for 10 to 40 years
33
Drug Arrests in Virginia, 2000-2006
Source: Crime in Virginia Reports, 2000 through 2006, Virginia Department of State Police
35323939
4183 41394523
5024
5623
17932177
24122736
30283271
1766
672 678692738663635 664
332203 194 470 5675705410
1000
2000
3000
4000
5000
6000
2000 2001 2002 2003 2004 2005 2006
Crack Cocaine Heroin Amphetamines/Meth
Marijuana arrests increased from 13,559 arrests in 2000 to 16,569 in 2006
The total number of drug arrests increased from 23,181 to 32,000 between 2000 and 2006
34
Percentage of Drug Arrests by Drug Type
As the proportion of drug arrests related to marijuana decreased from 2000 to 2006, the percentage of arrests related to crack, heroin, amphetamines/methamphetamine, and other drugs increased while the percentage for cocaine remained fairly stable
However, this pattern may be an artifact of the growth of missing data and the fact that the type of drug was missing from more than a tenth of drug arrests for the past four years
Year
Type of Drug 2000 2001 2002 2003 2004 2005 2006
Marijuana 58% 57% 57% 58% 54% 53% 52%
Crack 15% 16% 17% 16% 16% 17% 18%
Cocaine 8% 7% 9% 9% 10% 10% 10%
Heroin 3% 3% 3% 3% 2% 2% 2%
Amphetamines/Meth 1% 1% 1% 2% 2% 2% 2%
Other 6% 7% 4% 5% 5% 5% 5%
Unknown 9% 10% 9% 10% 11% 11% 12%
Source: Crime in Virginia Reports, 2000 through 2006, Virginia Department of State Police
35
Drug Arrests in Virginia by Age, 2006
0100200300400500
600700800900
1000
<18 18-20 21-24 25-29 30-34 35-39 40-44 45-49 50+
Crack Cocaine Amphetamines/Meth HeroinNote: Total amounts exclude arrests involving marijuanaSource: Crime in Virginia Reports, 2006, Virginia Department of State Police
Total: 224
Total:1,149
Total:1,694
Total:1,156
Total:1,236
Total:1,206
Total:937
Total:759
Total:1,724
36
Juvenile Arrests in Virginia
139
162157
135
161
117
133
6066
38
69 666668
1076 9
22
51617
739
31211
0
20
40
60
80
100
120
140
160
180
2000 2001 2002 2003 2004 2005 2006
Crack Cocaine Amphetamines/Meth Heroin
Source: Crime in Virginia Reports, 2000 through 2006, Virginia Department of State Police
38
Methamphetamine Lab Seizures in Virginia Reported by DEA
* Data for 2006 are preliminary – Due to lags in reporting time, the number of seizures known to the DEA may changeSource: Drug Enforcement Administration – El Paso Intelligence Center Clandestine Laboratory Seizure System
8
15
10
65
48
2418
0
10
20
30
40
50
60
70
1999 2000 2001 2002 2003 2004 2005 2006*
September 1, 2005 - Governor Warner issues Executive Directive 8
39
Clandestine Lab Seizures in Virginia
2000
Total:1
2001
Total:5
2002
Total:10
2003
Total:24
2004
Total:65
2005
Total:48
0
1-2
3-4
5-6
7-9
10+
Source: Drug Enforcement Administration – El Paso Intelligence Center Clandestine Laboratory Seizure System
40
Clandestine Lab Seizures in Virginia, 2006*Total:18
0
1-2
3-4
5-6
7-9
10+
Amelia 1Pittsylvania 1
Pulaski 1
Carroll 1
Grayson 1
Wythe 4
Smyth 1Washington 4
Dickenson 2
Wise 1
Henrico 1
*Data are preliminarySource: Drug Enforcement Administration – El Paso Intelligence Center Clandestine Laboratory Seizure System
41
Reported Clandestine Lab Incidents – Surrounding States
0
200
400
600
800
1000
2000 2001 2002 2003 2004 2005 2006*
TN KY NC WV VA MD*Data are preliminaryNote: Data for Maryland was not available for 2000 and data for Washington DC was only available for 2004 –available data shows 1 clandestine lab incident in Washington, DC in 2004Source: Drug Enforcement Administration – El Paso Intelligence Center Clandestine Laboratory Seizure System
42
Number of Children Affected by Clandestine Laboratories
*Data are preliminary
Note: Information for Maryland and Washington, DC was not availableSource: El Paso Intelligence Center Clandestine Laboratory Seizure System - U.S. Drug Enforcement Administration
293301
52
25
69
127100
455582 86
4020
36 3619
3619 710
0
50
100
150
200
250
300
350
2003 2004 2005 2006*
TN NC KY WV VA
The DEA’s Clandestine Laboratory Seizure System defines children affected as children residing at or visiting a clandestine lab site
43
Mexican Drug Trafficking Organizations The number of domestic methamphetamine labs seized
nationally has decreased substantially since 2003
Reports from the National Drug Intelligence Center (NDIC) and the Drug Enforcement Administration describe an increase in the involvement of Mexican Drug Trafficking Organizations (DTOs) in methamphetamine manufacturing and trafficking since 2002
The NDIC and DEA attribute a rise in the ice form of methamphetamine to Mexican DTOs’ capability to produce higher purity methamphetamine in superlabs located in Mexico
Sources: “National Methamphetamine Threat Assessment 2007” National Drug Intelligence Center – U.S. Department of Justice “Drug Information: Methamphetamine” Drug Enforcement Administration – U.S. Department of Justice
44
Mexican Drug Trafficking Organizations in Virginia – Circuit Court Convictions Virginia PSI data contain information regarding the place of birth of
individuals convicted in circuit courts and offer a rough indicator of the presence of Mexican DTOs
*Data for 2005 and 2006 are incompleteSource: Pre/Post-Sentence Investigation (PSI) Database, 1992-2006
The majority (65.1%) of convictions for methamphetamine-related offenses between fiscal year 2000 and fiscal year 2006 involved persons born in Virginia
65.1%
28.3%
3.5%2.1%
1.0%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
FY2000-FY2006*
Unknown
Born in Mexico
Outside US, NotMexicoIn US, OutsideVirginiaBorn in Virginia
45
Mexican Drug Trafficking Organizations in Virginia – Federal Convictions
0%10%20%30%40%50%60%70%80%90%
100%
2000 2001 2002 2003 2004 2005 2006*
United States Mexico Outside US, Not Mexico
The United States Sentencing Commission gathers data relating to defendants’ country of citizenship
The percentage of methamphetamine trafficking convictions in federal courts in Virginia involving Mexican citizens peaked at 20% in 2002
* Data for 2006 are incomplete – through federal fiscal year 2006Source: United States Sentencing Commission Data Set
46
2.4%
77.2%
20.4%
Midwest
2.1%
84.7%
13.1%
South Central
3.3%
78.0%
18.7%
Southeast
3.6%
59.7%
36.7%
Southwest
1.4%
67.8%
30.9%
Northwest
16.0%
83.2%
0.8%
Northeast
United StatesMexicoOutside US, Not Mexico
Mexican Drug Trafficking Organizations Nationwide, 2005
Arizona had the largest proportion of distribution convictions in Federal courts relating to Mexican citizens (64.62%) in 2005
Note: Hawaii is included in the Southwest and Alaska is grouped with the NorthwestSource: United States Sentencing Commission Data Set
48
Federal Methamphetamine Convictions in Virginia, 2005
Note: “High purity methamphetamine” represents the category of “meth.actual” in the federal sentencing guidelines data and captures cases with relatively high puritySources: United States Sentencing Commission Data Set “1998 Federal Guidelines Manual” Appendix C, Amendment 395. United States Sentencing Commission.
173 of the 178 federal cases involving methamphetamine in 2005 (97.2%) had methamphetamine or a meth precursor as the primary drug (incurs highest penalty)
144 were a meth mix, 4 involved a methamphetamine precursor, 9 were ice, and 16 were high purity methamphetamine
2 cases had cocaine or crack as the primary drug and methamphetamine as a secondary drug (1.1%) and 3 cases (1.7%) had Ecstasy as the primary drug
9%2% 5%
84%
Meth Mix Precursor Ice High Purity Meth
N=173
49
Methamphetamine Convictions in Federal Courts in Virginia by District
22
13
36
4349
11274
134
95
2444
25182111
4625
42
4 4615111
0
20
40
60
80
100
120
140
160
180
Western
Eastern
* Data are incomplete – through federal fiscal year 2006Source: United States Sentencing Commission Data Set
50
Methamphetamine Convictions in Federal Courts in Virginia by Type of Meth
5469
12798
165
104
10
9
0
20
40
60
80
100
120
140
160
180
200
2001 2002 2003 2004 2005 2006*
PrecursorIceMeth0 Precursors
1 Ice
1 Precursor2 Ice
1 Precursor0 Ice
4 Precursors
4 Precursors
0 Precursors0 Ice
* Data are incompleteSource: United States Sentencing Commission Data Set
51
Drug Convictions in Federal Courts in Virginia
Type of Drug
Year Crack Cocaine Marijuana Heroin Meth Ice Ecstasy
1997 464 168 126 43 17 0 0
1998 412 126 110 69 62 2 6
1999 388 88 136 62 38 0 4
2000 446 108 118 65 81 0 9
2001 422 168 160 77 52 0 23
2002 379 138 123 33 65 1 49
2003 523 145 167 104 119 3 23
2004 493 180 176 66 94 0 18
2005 565 179 169 38 160 9 15
2006* 385 120 123 20 104 10 3
* Data are incompleteSource: United States Sentencing Commission Data Set
53
Data Collection Gathered automated data on drug convictions in Virginia
Pre/Post-Sentence Investigation (PSI) data
Examined circuit court methamphetamine cases sentenced between fiscal year 2000 and September 18, 2006 (most recent data available) Collected PSI offense narrative sections for cases identified as
ecstasy, methamphetamine or amphetamines
Additional information regarding the ice was gathered for data from fiscal year 2000 through the present
Coded narrative information and keyed into automated database
Analyzed relationship between sentencing guidelines recommendation, quantity seized, and sentencing outcome using methamphetamine cases sentenced between 1995 and 2006 under truth-in-sentencing/no-parole provisions
54
Problems Identified Of the 1057 reported methamphetamine cases sentenced
between July 1, 1999 and September 18, 2006, 37 were dropped because the cases did not involve methamphetamine (i.e. ecstasy mistaken for methamphetamine, fake drugs resembling/purported to be methamphetamine coded as methamphetamine)
87 methamphetamine cases were not originally identified as meth (i.e. were labeled as ecstasy or amphetamines)
Automated PSIs were not available for 83 of the cases originally labeled as methamphetamine
The drug type could not be confirmed for 41 cases
55
Felony Drug Convictions in Virginia Circuit Courts by Primary Drug Type
16
157
56
249
402
526
8
146
112
371
403
9
144
91
486
681
583
3494
1986
499
2375
0 500 1000 1500 2000 2500 3000 3500 4000
Ice
Meth
Ecstasy
Heroin
Marijuana
Cocaine
Crack
FY2001
FY2003
FY2005*
Relative to the number of cocaine, crack, marijuana, and heroin cases, the number of methamphetamine convictions has remained low
* Data are incomplete. While the figures for prior years may increase slightly as post-sentence investigation (PSI) reports are submitted over time, figures for 2005 and 2006 should be considered incomplete and subject to greater increases as additional PSI reports are received.Source: Pre/Post-Sentence Investigation (PSI) Database, 1992-2006
56
Type of Convictions by Percentage of Drug(s) Reported, FY2005*
41.1% 41%
53.9%55.7%
64.6%
30.4%
22.5%
37.7%38.5%
59.7%
51.7%51.8%
1.1% 2.8% 1.9% 3.3%3.8%0%
0%
10%
20%
30%
40%
50%
60%
70%
Marijuana Crack Cocaine Heroin Meth Ecstasy
Sale/Manufac. Possession Accomodation
*Data are incompleteSource: Pre/Post-Sentence Investigation (PSI) Database, 1992-2006
57
Characteristics of Felony Drug Offenders by Drug Type
Meth Ice Cocaine Crack Heroin Marijuana
Female 20.8% 24.2% 15.8% 16.8% 18.5% 11.7%
Black 3.1% 1.1% 70.8% 82.1% 72.9% 43.4%
Hispanic 1.9% 2.2% 3.1% 1% .6% 2%
Completed High School
52.8% 71.4% 45.7% 42.7% 46.6% 52.8%
Single, Never Married 47.2% 46.2% 65.7% 68.1% 63.9% 64.6%
Employed at Offense 66.1% 64.8% 49% 46.7% 44.3% 59.1%
Juvenile Record 18.2% 18.7% 26.5% 28.9% 24.3% 27.1%
Felony Record 42.7% 39.6% 68% 66.1% 72.1% 51%
Prior Parole/Probation Revocation
10.8% 11% 15.7% 22.4% 32.1% 11.3%
Dependents 51.1% 39.6% 49.1% 52% 49.6% 46.3%
Average Age at Sentencing
31.6 yrs 31.3 yrs 30.3 yrs 30.7 yrs 33.4 yrs 28.8 yrs
Source: Pre/Post-Sentence Investigation (PSI) Database, 1992-2006
58
Methamphetamine Convictions in Virginia’s Circuit Courts
The most recent data available show a peak of 204 methamphetamine convictions in fiscal year 2004
89
144130
146
204
157
73
0
50
100
150
200
250
FY00 FY01 FY02 FY03 FY04 FY05* FY06*
*Data are incompleteSource: Pre/Post-Sentence Investigation (PSI) Database, 1992-2006
59
Methamphetamine Convictions in Circuit Courts in Virginia by Type of Meth
86
135 121138
185
141
52
19
16
21
3
99
8
0
20
40
60
80
100
120
140
160
180
200
220
FY00 FY01 FY02 FY03 FY04 FY05* FY06*
IceMeth
*Data are incompleteSource: Pre/Post-Sentence Investigation (PSI) Database, 1992-2006
60
Convictions for Possession of Precursor with Intent to Manufacture Methamphetamine Of the 178 methamphetamine convictions in Virginia’s
circuit courts in 2005 and 2006, zero defendants were sentenced under §18.2-248(J), which became effective in 2005
On March 30, 2007, the Drug Enforcement Administration announced the first arrest in the nation for violating the Combat Methamphetamine Act of 2005, which was signed into law on March 9, 2006 and became fully effective on September 30, 2006
Sources: Pre/Post-Sentence Investigation (PSI) Database, 1992-2006 “First Arrest in the Nation for Violating the Combat Methamphetamine Act” (March 30, 2007). News Release Drug Enforcement Administration
61
Methamphetamine Convictions in Virginia Circuit Courts by Region
28 30 2257
36
79
116 100 124
147
121
58
15100
20
40
60
80
100
120
140
160
180
200
220
FY00 FY01 FY02 FY03 FY04 FY05* FY06*
Western
Eastern
*Data are incompleteNote: Eastern and Western regions based on Virginia’s federal judicial districtsSource: Pre/Post-Sentence Investigation (PSI) Database, 1992-2006
62
Judicial Regions in Virginia
Region 1 Tidewater
Region 2Northern Virginia
Region 5Southside Virginia
Region 6Shenandoah Valley/Piedmont
Region 4Southwest Virginia
Region 3Central Virginia
63
Methamphetamine Convictions in Virginia’s Circuit Courts by Judicial RegionJudicial Region FY95 FY00 FY05*
Tidewater (1) 16.7% 2.2% 8.3%
Northern Virginia (2) 11.9% 3.4% 10.2%
Central Virginia (3) 23.8% 4.5% 3.8%
Southwest Virginia (4) 9.5% 9.0% 21.0%
Southside Virginia (5) 16.7% 10.1% 5.7%
Shenandoah Valley/ Piedmont (6)
21.4% 70.8% 51.0%
Number of Cases 42 89 157
*Data are incompleteSource: Pre/Post-Sentence Investigation (PSI) Database, 1992-2006
64
Juveniles Sentenced as Adults for Drug Offenses in Virginia’s Circuit Courts119
107 107
87
70 72
5853
33 34 3123 27
6
0
20
40
60
80
100
120
*Data are incompleteNote: Some cases include primary offenses other than drugsSource: Pre/Post-Sentence Investigation (PSI) Database, 1992-2006
65
Type of Drug
Year Crack Cocaine Marijuana Heroin Meth Ecstasy
FY95 74 14 3 3 0 0
FY96 44 27 3 2 0 0
FY97 37 24 6 2 0 0
FY98 45 14 3 4 0 0
FY99 31 14 5 2 0 0
FY00 39 6 4 2 0 0
FY01 25 0 4 1 1 1
FY02 20 4 3 1 2 1
FY03 21 1 3 2 0 1
FY04 17 1 1 0 0 0
FY05* 18 1 5 1 0 0
FY06* 3 1 0 1 0 0
Juveniles Sentenced as Adults for Drug Offenses by Primary Drug Type
*Data are incompleteNote: Some cases include primary offenses that are not narcotics offenses but at least one of the convictions in the sentencing event was related to drugsSource: Pre/Post-Sentence Investigation (PSI) Database, 1992-2006
67
Quantity of Drug in Methamphetamine Sale/Manufacture Cases, 1992-2006
Approximately 29% of the sales-related methamphetamine cases involved 1 gram or less
Roughly half (51.4%) of the cases involved 3 grams or less 6.3% of the cases involved the seizure of more than 1 ounce (28.35
grams) of methamphetamine
0
5
10
15
20
25
30
Mean: 16.24 gramsMedian: 2.85 grams
GramsSource: Pre/Post-Sentence Investigation (PSI) Database, 1992-2006
68
Sentence Length in Methamphetamine Sale/Manufacture Cases (in months)
15.8
24.9
18.8
24.9
7.5
1412
18.5
Less than 1g 1g to 2.9g 3g to 12.9g 13g or more
Mean Median
(25% of cases)N=112
Note: Analysis is based on cases sentenced under Virginia's truth-in-sentencing/no-parole system from 1995 through 2006. Data include the offenses of manufacture, sale, distribution and possession with intent to sell.
Source: Pre/Post-Sentence Investigation (PSI) database, 1992 and 2006
(25% of cases)N=108
(25% of cases)N=114
(25% of cases)N=109
69
Sentence Length in Methamphetamine Sale/Manufacture Cases (in months)
Note: Analysis is based on cases sentenced under Virginia's truth-in-sentencing/no-parole system from 1995 through 2006. Data include the offenses of manufacture, sale, distribution and possession with intent to sell.
Source: Pre/Post-Sentence Investigation (PSI) database, 1992 and 2006
7.1
16.7 16.1
18.2
3
7 7
12
Less than 1g 1g to 2.9g 3g to 12.9g 13g or more
Mean Median
- Offenders with no prior felony record convicted of 1 count -
N=42 N=39 N=49 N=37
70
Sentence Length in Methamphetamine Sale/Manufacture Cases (in months)
Note: Analysis is based on cases sentenced under Virginia's truth-in-sentencing/no-parole system from 1995 through 2006. Data include the offenses of manufacture, sale, distribution and possession with intent to sell.
Source: Pre/Post-Sentence Investigation (PSI) database, 1992 and 2006
21.319.6
23.2
28.2
12 12 12
24
Less than 1g 1g to 2.9g 3g to 12.9g 13g or more
Mean Median
- Offenders with a prior felony record convicted of 1 count -
N=42 N=28 N=34 N=35
71
Sentence Length in Methamphetamine Sale/Manufacture Cases (in months)
10.1
16.6 16.8
20.6
6
12
9
12
Less than 1g 1g to 2.9g 3g to 12.9g 13g or more
Mean Median
- Offenders with no prior violent record convicted of 1 count -
Note: Analysis is based on cases sentenced under Virginia's truth-in-sentencing/no-parole system from 1995 through 2006. Data include the offenses of manufacture, sale, distribution and possession with intent to sell.
Source: Pre/Post-Sentence Investigation (PSI) database, 1992 and 2006
N=70 N=58 N=75 N=66
72
Sentence Length in Methamphetamine Sale/Manufacture Cases (in months)
34.6
26.1
40.4
50
2824
28.5
54
Less than 1g 1g to 2.9g 3g to 12.9g 13g or more
Mean Median
- Offenders with a prior violent record convicted of 1 count -
Note: Analysis is based on cases sentenced under Virginia's truth-in-sentencing/no-parole system from 1995 through 2006. Data include the offenses of manufacture, sale, distribution and possession with intent to sell.
Source: Pre/Post-Sentence Investigation (PSI) database, 1992 and 2006
N=14 N=9 N=8 N=6
73
Summary of Results The present analysis tested the effect of the quantity of
methamphetamine seized in sale/manufacture cases on the length of the effective sentence.
Previous studies showed that other factors, such as prior record and weapon use, impact sentence length. The statistical analysis simultaneously controlled for the impact of these factors.
Regardless of how the methamphetamine amounts were categorized, the quantity of methamphetamine still did not reach the level of statistical significance that the Commission normally requires to recommend adjustments to the sentencing guidelines.