Methamphetamine Crime in Virginia

1
Methamphetamine Crime in Virginia

• Virginia Criminal Sentencing Commission
• September 17, 2007

2
Methamphetamine
Sources About Meth/Dangers to Children,
Arizonas Drug Endangered Children Program
Protecting Arizonas Children http//www.azag.gov/
DEC/about_meth.html Photo Library, U.S. Drug
Enforcement Administration http//www.dea.gov/phot
o_library3.html Methamphetamine and Meth Labs,
Minnesota Department of Health http//www.health.s
tate.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-institutionaliz
  ed 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

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

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 Michigans
  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

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.
10
Use of Methamphetamine in the Past 30 Days

• 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
Lifetime Past 30 Days
National
Virginia

• 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

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
13
Percentage of High School Students in Virginia
Reporting Methamphetamine or Ice Use
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
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.
15
Treatment Episode Data Set (TEDS)

• 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

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
Change in reporting
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
17
Methamphetamine Admissions in Virginia by Source
of Referral
Change in reporting
SABRE funds available
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
welfare Note 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
18
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

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
19
Treatment Admissions in Virginia by Age, 2005
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
20
Methamphetamine and Criminal Justice
21
Number of Cases with Substances Submitted to the
Department of Forensic Sciences

• 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
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
West
Midwest
South
Northeast
Note Includes state and federal sources Source
National Forensic Laboratory Information System
2005 Annual Report Volume I, Summary of
National Findings. U.S. Drug
Enforcement Administration - Office of Diversion
Control.
25
Amount of Methamphetamine Seized by Federal
Agencies, by State (in grams)
Source DEA Briefs Background, State
Factsheets 2003-2007. U.S. Drug Enforcement
Administration.
26
Drug Penalties in Virginia
27
Virginias 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

• 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

Source Crime in Virginia Reports, 2000 through
2006, Virginia Department of State Police
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

Source Crime in Virginia Reports, 2000 through
2006, Virginia Department of State Police
35
Drug Arrests in Virginia by Age, 2006
Total1,724
Total1,694
Total1,206
Total1,236
Total1,149
Total1,156
Total937
Total759
Total 224
Note Total amounts exclude arrests involving
marijuana Source Crime in Virginia Reports,
2006, Virginia Department of State Police
36
Juvenile Arrests in Virginia
Source Crime in Virginia Reports, 2000 through
2006, Virginia Department of State Police
37
Clandestine Lab Seizures
38
Methamphetamine Lab Seizures in Virginia Reported
by DEA
September 1, 2005 - Governor Warner issues
Executive Directive 8
Data for 2006 are preliminary Due to lags in
reporting time, the number of seizures known to
the DEA may change Source Drug Enforcement
Administration El Paso Intelligence Center
Clandestine Laboratory Seizure System
39
Clandestine Lab Seizures in Virginia
2000 Total1
2001 Total5
2004 Total65
2002 Total10
2005 Total48
Source Drug Enforcement Administration El
Paso Intelligence Center Clandestine Laboratory
Seizure System
40
Clandestine Lab Seizures in Virginia, 2006

• Total18

Pulaski 1
Dickenson 2
Wythe 4
Wise 1
Amelia 1
Pittsylvania 1
Carroll 1
Smyth 1
Washington 4
Henrico 1
Grayson 1
Data are preliminary Source Drug Enforcement
Administration El Paso Intelligence Center
Clandestine Laboratory Seizure System
41
Reported Clandestine Lab Incidents Surrounding
States
Data are preliminary Note 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 2004 Source Drug Enforcement
Administration El Paso Intelligence Center
Clandestine Laboratory Seizure System
42
Number of Children Affected by Clandestine
Laboratories
The DEAs Clandestine Laboratory Seizure System
defines children affected as children residing at
or visiting a clandestine lab site

• Data are preliminary
• Note Information for Maryland and Washington, DC
  was not available
• Source El Paso Intelligence Center Clandestine
  Laboratory Seizure System - U.S. Drug Enforcement
  Administration

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

• The majority (65.1) of convictions for
  methamphetamine-related offenses between fiscal
  year 2000 and fiscal year 2006 involved persons
  born in Virginia

Data for 2005 and 2006 are incomplete Source
Pre/Post-Sentence Investigation (PSI) Database,
1992-2006
45
Mexican Drug Trafficking Organizations in
Virginia Federal Convictions

• 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 2006 Source United States
Sentencing Commission Data Set
46
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 Northwest Source
United States Sentencing Commission Data Set
47
Drug Convictions
48
Federal Methamphetamine Convictions in Virginia,
2005

• 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

N173
Note High purity methamphetamine represents
the category of meth.actual in the federal
sentencing guidelines data and captures cases
with relatively high purity Sources United
States Sentencing Commission Data Set
1998 Federal Guidelines Manual Appendix C,
Amendment 395. United States Sentencing
Commission.
49
Methamphetamine Convictions in Federal Courts in
Virginia by District
Data are incomplete through federal fiscal
year 2006 Source United States Sentencing
Commission Data Set
50
Methamphetamine Convictions in Federal Courts in
Virginia by Type of Meth
4 Precursors
1 Precursor 2 Ice
4 Precursors
1 Precursor 0 Ice
0 Precursors 1 Ice
0 Precursors 0 Ice
Data are incomplete Source United States
Sentencing Commission Data Set
51
Drug Convictions in Federal Courts in Virginia
Data are incomplete Source 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

• 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
Data are incomplete Source Pre/Post-Sentence
Investigation (PSI) Database, 1992-2006
57
Characteristics of Felony Drug Offenders by Drug
Type
Source Pre/Post-Sentence Investigation (PSI)
Database, 1992-2006
58
Methamphetamine Convictions in Virginias Circuit
Courts

• The most recent data available show a peak of 204
  methamphetamine convictions in fiscal year 2004

Data are incomplete Source Pre/Post-Sentence
Investigation (PSI) Database, 1992-2006
59
Methamphetamine Convictions in Circuit Courts in
Virginia by Type of Meth
Data are incomplete Source 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
  Virginias 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
Data are incomplete Note Eastern and Western
regions based on Virginias federal judicial
districts Source Pre/Post-Sentence
Investigation (PSI) Database, 1992-2006
62
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
63
Methamphetamine Convictions in Virginias Circuit
Courts by Judicial Region
Data are incomplete Source Pre/Post-Sentence
Investigation (PSI) Database, 1992-2006
64
Juveniles Sentenced as Adults for Drug Offenses
in Virginias Circuit Courts
Data are incomplete Note Some cases include
primary offenses other than drugs Source
Pre/Post-Sentence Investigation (PSI) Database,
1992-2006
65
Juveniles Sentenced as Adults for Drug Offenses
by Primary Drug Type
Data are incomplete Note Some cases include
primary offenses that are not narcotics offenses
but at least one of the convictions in the
sentencing event was related to
drugs Source 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

Mean 16.24 grams Median 2.85 grams
Grams
Source Pre/Post-Sentence Investigation (PSI)
Database, 1992-2006
68
Sentence Length in Methamphetamine
Sale/Manufacture Cases (in months)
(25 of cases) N112
(25 of cases) N114
(25 of cases) N109
(25 of cases) N108
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
69
Sentence Length in Methamphetamine
Sale/Manufacture Cases (in months)
- Offenders with no prior felony record convicted
of 1 count -
N39
N37
N42
N49
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
70
Sentence Length in Methamphetamine
Sale/Manufacture Cases (in months)
- Offenders with a prior felony record convicted
of 1 count -
N28
N35
N42
N34
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
71
Sentence Length in Methamphetamine
Sale/Manufacture Cases (in months)
- Offenders with no prior violent record
convicted of 1 count -
N58
N66
N70
N75
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
72
Sentence Length in Methamphetamine
Sale/Manufacture Cases (in months)
- Offenders with a prior violent record
convicted of 1 count -
N9
N6
N14
N8
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
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.

74
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