Virginia Criminal Sentencing Commission

1
Methamphetamine Crime in Virginia

• Virginia Criminal Sentencing Commission
• September 13, 2004

2
Use of Methamphetamine and Other Drugs
3
National Household Survey on Drug Abuse

• U.S. Department of Health and Human Services-
  Substance Abuse and Mental Health Services
  Administration (SAMHSA)
• Begun in 1971, it provides information on use of
  illicit drugs, alcohol and tobacco by the
  civilian, noninstitutionalized population.
• Interviews 70,000 people age 12 or older in every
  state over a 12-month period.
• Measures of drug use for a variety of drug types
• Ever used
• Used in last year
• Used in last month

Drug Use Nationally
Source Results from the 2001 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
4
National Household Survey on Drug Abuse

• In 2001, an estimated 15.9 million Americans age
  12 or older (7.1) used an illicit drug during
  the month immediately prior to the survey
  interview.
• 18 of youths ages 16 to 17
• 22 of adults ages 18 to 20
• 16 of adults ages 21 to 25
• While illicit drug use increased for the nation
  as a whole from 1999-2000 to 2000-2001, the
  increase in Virginia was slight (and not
  statistically significant).
• Marijuana is the most commonly used illicit drug
• In 2001, 76 of those who admitted to using drugs
  during previous month used marijuana.
• Some used other drugs as well.
• More than 44 who used a drug in the last month,
  used a drug other than marijuana, with or without
  using marijuana as well.

Drug Use Nationally
Source Results from the 2001 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
5
Use of Illicit Drugs Nationally
Drug Use Nationally
Source Office of National Drug Control Policy -
Drug Policy Information Clearinghouse,
from the 2002 National Household Survey on
Drug Abuse
6
Use of Illicit Drugs in Past Month
Drug Use Nationally
Source Results from the 2001 National Household
Survey on Drug Abuse Volume II,
Individual State Tables and Technical Appendices,
U.S. Department of Health and Human Services -
Substance Abuse and Mental Health
Services Administration
7
Use of Cocaine in Past Year
Drug Use Nationally
Source Results from the 2001 National Household
Survey on Drug Abuse Volume II,
Individual State Tables and Technical Appendices,
U.S. Department of Health and Human Services -
Substance Abuse and Mental Health
Services Administration
8
Drug Use and Treatment Services in Virginia

• Community Service Boards (CSBs)
• Established and administered at local level
• Single points of entry into publicly-funded
  mental health, mental retardation and substance
  abuse services
• CSBs are key operational partners with the
  Department of Mental Health, Mental
  Retardation and Substance Abuse Services
  (DMHMRSAS)
• DMHMRSAS contracts with, funds, monitors,
  licenses, regulates and provides consultation to
  CSBs
• Performance contracts between local CSBs and
  DMHMRSAS

Drug Use in Virginia
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Virginia CSB Substance Abuse Service Consumers by
Primary Drug Type - 2003
Approximately 1.3 of CSB substance abuse service
consumers sought treatment for methamphetamine
use in 2003, compared to .7 (192 consumers) in
1999.
Drug Use in Virginia
Source Virginia Department of Mental Health,
Mental Retardation and Substance Abuse Services
(CARS data)
10
Arrestee Drug Abuse Monitoring (ADAM)

• ADAM reports drug use and other characteristics
  of arrestees in 35 US cities through interviews
  and drug testing in holding facilities.
• Methamphetamine prevalence varies widely among
  ADAM sites.
• Perhaps more than any other drug, it shows clear
  regional variation.
• Methamphetamine use among ADAM arrestees appears
  to be concentrated mainly in the western U.S.
• In many sites, the percentage of adult female
  arrestees testing positive for methamphetamine
  was somewhat greater than that for adult male
  arrestees.

Drug Use among Arrestees
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Arrestee Drug Abuse Monitoring (ADAM)
Percentage of Male and Female Arrestees Testing
Positive for Methamphetamine by Selected Site
Drug Use among Arrestees
Sources 1998 Annual Report on Methamphetamine
Use among Arrestees, 1999 Annual
Report on Drug Use among Adult and Juvenile
Arrestees, and Drug and Alcohol
Use and Related Matters Among Arrestees 2003
(National Institute of Justice)
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Drug Arrests in Virginia
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Drug Arrests in Virginia by Drug Type, 1999-2003
Crack
Cocaine
Drug Arrest Trends
Heroin
Amph/Meth
Source Crime in Virginia reports, 1999-2003,
Virginia Department of State Police
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2004 Methamphetamine Study- Preliminary Data
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Data Collection

• Gathered automated data on methamphetamine cases
  in Virginia
• Pre/Post-Sentence Investigation (PSI) data
• Federal sentencing guidelines data (for both
  Eastern and Western districts of Virginia)
• Other data sources
• Examined circuit court methamphetamine cases
  sentenced under truth-in-sentencing/no-parole
  provisions
• Collected PSI offense narrative sections
• Coded narrative information and keyed into
  automated database
• Will use supplemental data to analyze
  relationship among sentencing guidelines
  recommendation, quantity seized,
  and sentencing outcome

2004 Methamphetamine Study
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Methamphetamine Lab Seizures in Virginia Reported
by DEA
Lab Seizures
Calendar Year
Source http//www.usdoj.gov/dea/pubs/states/vir
ginia.html
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Comparison States
18
Methamphetamine Lab Seizures Reported by DEA, 2003
Lab Seizures
Source http//www.usdoj.gov/dea/pubs/states/vir
ginia.html
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Methamphetamine Convictions in Federal Courts in
Virginia
Convictions in Federal Courts
Fiscal Year
Source United States Sentencing Commission
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Drug Convictions in Federal Courts in Virginia,
2002
Convictions in Federal Courts
Source United States Sentencing Commission
21
Convictions for Distribution of Methamphetamine
in Federal Courts, 2002
Convictions in Federal Courts
Source United States Sentencing Commission
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Inconsistencies Revealed by Data Collection
Convictions in Virginias Circuit Courts
Convictions in Circuit Courts
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Felony Drug Convictions by Primary Drug Type
Convictions in Circuit Courts

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Schedule I/II Drug Convictions by Reported Drug(s)
Convictions in Circuit Courts
Note Multiple drugs can be reported in each
case.
25
Schedule I/II Drug Sale/Manufacture Convictions
by Reported Drug(s)
Convictions in Circuit Courts
Note Multiple drugs can be reported in each
case.
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Type of Conviction by Drug(s) Reported
Convictions in Circuit Courts
27
Characteristics of Felony Drug Offenders by
Drug Type
Convictions in Circuit Courts
Apparent drug abuse is reported by the
probation officer completing the PSI report.
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Judicial Regions in Virginia
Region 2 Northern Virginia
Region 6 Shenandoah Valley/Piedmont
Region 3 Central Virginia
Region 4 Southwest Virginia
Region 1 Tidewater
Region 5 Southside Virginia
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Methamphetamine Cases by Region
Convictions in Circuit Courts
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Cocaine Cases by Region
Convictions in Circuit Courts
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Heroin Cases by Region
Convictions in Circuit Courts
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Schedule I/II Drug Convictions by Reported
Drug(s), FY2003
Convictions in Circuit Courts
Note Multiple drugs can be reported in each
case.
33
Sentencing Guidelines Factor for Quantity of
Cocaine
Drug-Schedule I/II (Section C)
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Virginias Drug Kingpin Statutes
18.2-248(H) 20 yr. mand. min. unless satisfy
conditions
1 kg heroin 5 kg powder cocaine 2½ kg crack
cocaine 100 kg marijuana 100 g methamphetamine 200
g methamphetamine mixture
No criminal enterprise
18.2-248(H1) 20 yr. mand. min.
Criminal enterprise
Code of Virginia
5 kg heroin 10 kg powder cocaine 5 kg crack
cocaine 250 kg marijuana 250 g methamphetamine 1
kg methamphetamine mixture
18.2-248(H2) Life mandatory or 40
yrs. if aid law enforcement
Criminal enterprise
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Quantity of Drug in Methamphetamine
Sale/Manufacture Cases, 1992-2003
Mean 28.32 grams Median 2.85 grams
Convictions in Circuit Courts
36
Sentence Length in Methamphetamine
Sale/Manufacture Cases (in months)
Convictions in Circuit Courts
(25 of cases)
(25 of cases)
(25 of cases)
(25 of cases)
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