methamphetamine crime in virginia

Methamphetamine Crime in Virginia

Virginia Criminal Sentencing CommissionSeptember 17, 2007

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

3

Methamphetamine and Other Illicit Drug Use

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%


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+


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


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


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


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

20

Methamphetamine and Criminal Justice

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.

26

Drug Penalties in Virginia

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

32

Drug Arrests in Virginia

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%


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


37

Clandestine Lab Seizures

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

47

Drug Convictions

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

52

2007 Methamphetamine Study

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*


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


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


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

66

Sentencing Guidelines Factor for Quantity of Cocaine

Drug Schedule I/II (Section C)

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




7.1

16.7 16.1

18.2

3

7 7

12


Mean Median

- Offenders with no prior felony record convicted of 1 count -

N=42 N=39 N=49 N=37

70




21.319.6

23.2

28.2

12 12 12

24


Mean Median

- Offenders with a prior felony record convicted of 1 count -

N=42 N=28 N=34 N=35

71


10.1

16.6 16.8

20.6

6

12

9

12


Mean Median

- Offenders with no prior violent record convicted of 1 count -



N=70 N=58 N=75 N=66

72


34.6

26.1

40.4

50

2824

28.5

54


Mean Median

- Offenders with a prior violent record convicted of 1 count -



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.

methamphetamine crime in virginia

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