tHe War on MariJUana in BlacK anD WHite

marijuana possession conviction. 63 In response to these data limitations, two simplifying
assumptions are made, both of which are informed by data that are available for specific
local jurisdictions: (1) the average conviction rate in cases where a disposition is sought
on an arrest for marijuana possession is 0.3 or 30%; 64 and (2) the average time spent
in local jail or county correctional facilities on a marijuana possession conviction is 5.5
days, with an additional 74.5 days spent on local or community supervision. 65
Based on a review of other studies examining the fiscal impact of mass incarceration,
this report estimates the average per diem cost of local or community supervision
as $2/day for all 50 states, as well as the District of Columbia. 66 In addition, the
report calculates the average per diem jail cost on a state-by-state basis using
publicly available data on the total jail population, coupled with the corrections
expenditure data for jail and county correctional facilities used to calculate the High
Estimate. 67 Specifically, the report estimates the national average per diem jail cost as
approximately $95/day.
Using these estimates, the average corrections cost of a marijuana possession
conviction in the United States is calculated as $672 (= $95*5.5 + $2*74.5), where the
first term corresponds to estimated average jail costs and the second term corresponds
to estimated average local or community supervision costs. The estimated annual
corrections cost of marijuana possession enforcement in the United States is readily
obtained by multiplying the average corrections cost, $672, by the estimated total
number of convictions for marijuana possession offenses, recalling that 27% (= 0.9*0.3)
of all arrests for marijuana possession offenses are assumed to result in a conviction.
63 See Caulkins, Marijuana Prohibition, supra note 54, at 9-12; Peter Reuter, Paul Hirschfield & Curt Davies, Assessing the Crack-
Down on Marijuana in Maryland 37 (Abell Found., Working Paper, May 2001), available at http://www.abell.org/pubsitems/hhs_assessing_
crackdown_501.pdf (“It proved exceedingly difficult to obtain data on the number of admissions to jail for specific offenses.”).
64 See, e.g., lAWrence W. BoYD, DrUg Pol’Y Action groUP, <strong>tHe</strong> BUDgetArY iMPlicAtions of MAriJUAnA DecriMinAlizAtion AnD legAlizAtion in HAWAi’i
7 (2005), available at http://www.dpfhi.org/A_PDF/Budgetary_Implications_Marijuana_Decrim.pdf (“Approximately 65% [of misdemeanor
drug cases] are dismissed, not prosecuted, or stricken … and a relatively small proportion, about 25%, results in conviction.”); see
generally DAViD c. nixon, DrUg Pol’Y Action groUP, UPDAte to: BUDgetArY iMPlicAtions of MAriJUAnA DecriMinAlizAtion AnD legAlizAtion in HAWAi’i
(2013), available at http://acluhawaii.files.wordpress.com/2013/01/econreptmarijuana1_2013.pdf (updating Boyd (2005) using data
through 2011 and demonstrating that Hawaii’s enforcement of marijuana possession laws has jumped significantly over the past
half-decade); see also sAnDrA norMAn-eADY, conn. g. AsseMB., office of legis. reseArcH, MAriJUAnA criMes AnD stAtistics tbl.3 (2008), available
at http://www.cga.ct.gov/2008/rpt/2008-r-0455.htm (reporting conviction rates for possession or control of any quantity of any controlled
substance, other than a narcotic substance or a hallucinogenic substance other than marijuana, or less than four ounces of marijuana
(CGS § 21a-279 (c)), ranging from 33.1% to 36.4% over the period of 2002-2007).
65 See, e.g., Local Government Fiscal Note 1550 HB at 4 (“According to the AOC [Administrative Office of the Courts] 2009
misdemeanor convictions table the average jail sentence for possession of marijuana for less than 40 grams was 82.7 days, with all
but 4.4 days suspended.”); see also Beckett & HerBert, supra note 11, at 29 (“The average misdemeanant spends 5.8 days in jail at a
cost of $89 per day”). The U.S. Department of Justice reports that 80% of all defendants charged with felony drug possession crime are
released within one week of their booking into the jail. Moreover, as Professor Austin notes, “[w]hile the length of stay may be short,
the booking process is one of the most expensive and dangerous operations in a jail.” JAMes AUstin, JfA inst., nAt’l org. for <strong>tHe</strong> reforM of
MAriJUAnA lAWs 8-9 (2005), available at http://norml.org/pdf_files/NORML_Rethinking_Decriminalizing_Marijuana.pdf.
66 See, e.g., legislAtiVe BUDget BoArD, criMinAl JUstice UniforM cost rePort, fiscAl YeArs 2008-2010 11 (Jan. 2011) (calculating a $2.92
per diem total cost of community supervision); see also rAM sUBrAMAniAn & reBeccA tUBlitz, VerA inst. for JUst., reAligning JUstice resoUrces:
A reVieW of PoPUlAtion AnD sPenDing sHifts in Prison AnD coMMUnitY corrections (2012), available at http://www.vera.org/files/Full%20Report.
pdf.
67 See JAMes J. stePHAn & georgette WAlsH, U.s. DeP’t of JUst., BUreAU of JUst. stAt., censUs for JAil fAcilities, 2006 (2011).
74 | The <strong>War</strong> on Marijuana in Black and White