Dispelling myths about Marijuana and prison population
Dispelling Myths: The Real Impact of Marijuana Possession on Florida's Prison System.
Bottom line: Very few people are sentenced to state prison terms for only possessing small amounts of marijuana, argues the leader of the state’s prison system.
The ongoing debate surrounding Amendment 3, which if passed would give Florida the most liberal recreational marijuana policy of any state in the country, has been marked by significant misinformation regarding Florida’s prison system. Various false claims have emerged suggesting that many inmates are serving time solely for low-level marijuana offenses. These assertions are untrue, and in some cases, intentionally disingenuous. Media outlets have willfully published plain falsehoods around the incarceration of individuals in Florida’s prisons. As the person charged with the oversight of those prisons, it is my responsibility to set the record straight.
The Florida Department of Corrections maintains a comprehensive and detailed database of over 87,000 individuals currently incarcerated within our system. As can be easily verified by our database, there are no inmates serving time exclusively for possessing 20 grams or less of marijuana. This is a critical point often misrepresented in media reports, such as those recently from the Tampa Bay Times, which inaccurately suggest that possession of such an amount results in a state prison sentence. In fact, Florida state law does not permit a misdemeanor charge of marijuana possession of 20 grams or less alone to lead to incarceration in a state prison.
The narrative being promoted by some activists that individuals are imprisoned solely for minor marijuana possession is a lie. Currently, the only marijuana-related offenses that result in prison sentences involve large amounts consistent with trafficking charges. This is defined as possessing more than 20 grams (or about 0.71 ounces) of marijuana under Florida Statutes.
Presently, there are only 37 individuals in our prison system convicted for the primary offense of possession of more than 20 grams of marijuana, but all of these individuals had their sentences enhanced by either an extensive criminal record or severe accompanying crimes like grand theft, battery, child abuse or possession of other illicit substances. It is also important to note these individuals make up less than 0.05% of the total inmate population.
With nearly 30 years of experience in corrections, I have witnessed firsthand the complexities and challenges present in our criminal justice system. Throughout my career, I have supervised staff who analyze criminal histories professionally, and I’ve personally engaged in conversations with thousands of inmates, including those facing life sentences and even death. The consistent theme from these interactions is the regret expressed by individuals who recognize their drug use significantly contributed to their criminal trajectories and subsequent incarceration. Substance abuse, including marijuana, exacerbates criminal behavior.
Beyond my firsthand knowledge, recent statistics provide further insight into the dangers of increased marijuana availability. The Florida Sheriffs Association recently publicized data that pointed to a disturbing rise in the percentage of drivers involved in traffic fatalities who tested positive for marijuana, increasing from 14.8% in 2013 to 24.3% in 2020. This alarming trend is supported by data from states where recreational marijuana has been legalized, showing significant increases in emergency room visits and rising rates of marijuana use disorder. These negative externalities of legalizing recreational marijuana certainly carry significant costs to the taxpayer.
If Amendment 3 passes, however, it is highly likely that we will see an increase in our state’s prison population thanks to increased crime surrounding the legalization of marijuana. Expanding the prison capacity in our state would necessitate substantial financial investments to manage the increased burden being placed on our institutions.
It is crucial for Floridians to fully understand the negative implications of Amendment 3 before they go to the ballot box this November.
