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Rhetoric & Composition 1301
Vianey Cervantes
11/06/201
Abstract
U.S prisons are reaching up to 40% above capacity, 50% of those inmates are convicted
for minor drug possession. It has been proven that it cost the government more money to keep an
inmate incarcerated versus assigning them counseling and or community service. Not many
Americans are aware of the high consequences that the ones convicted will face for a minor
possession charge on a soft drug. Marijuana for example, is the leading drug choice for the ones
convicted, but is only illegal in certain states. It approximately cost $35,000 yearly for every
inmate to be incarcerated. If the government would modify possession of illegal soft substances
into a ticket, enforcing counseling, and community service, there would be dramatic decreasing
in the U.S prison population.
and/or a few days in jail to thousands of dollars and several years in state prison for the same
offense. A class C misdemeanor of assault can lead to a fine of up to $500. Although this is when
an assault involving threats of physical harm occurs it is not as harsh as the punishment for a
non-violent offense such as marijuana possession. This is according to (2015) Drug Possession
Penalties and Sentencing.
Does a minor possession charge even compare to an assault? The U.S has the highest
average population in prisons of the world, and we they are filled with drug users. Now how is it
that the U.S manages and affords to keep such a high population in prisons? Drugs are a
contributing factor to the United States economy. Making drugs legal would stop the benefit that
the government has as far as arresting people for these offenses, which stops them from making
them money off of probation, court, and jail fees. On the other hand if marijuana became legal or
was lowered defense, the government will not have as many inmates in jails for drug related
offenses so they will be saving anywhere between $20,000 and $40,000 per year for every
inmate. The funds allocated to corrections departments across the U.S take up a significant
portion of state budgets. According to (2014) What is the Average Cost to House Inmates in
Prison?
The legal definition of marijuana possession is defined by Texas Health and Safety
Code. Marijuana is in its own category in the possession law and, for the purposes of marijuana
possession, is defined as any Cannabis sativa plant, whether it is growing or not, the seeds of the
plant and any preparation of the plant such as a joint or a package containing dried and shredded
buds. (2015) - Drug Possession Marijuana. In the state of Texas 2 ounces of marijuana or less
is classified as a Class B misdemeanor, meaning that it would cost the offender no more than 180
in a county jail and/ or a fine of not more than $2,000. Now, the possession of more than 4
ounces, but less than 5 pounds would be a state felony. Getting charged with this would mean
180 days to 2 years in a state jail and/or a fine of not more than $10,000. Anything more than 5
pounds but less than 50 pounds would be a third degree felony equaling 2 to 10 years in a state
prison and a fine not more than $10,000. Not many Americans are aware that the ones convicted
can be sentenced to a suspended drivers license for up to six months following a conviction on
any violation of the Texas Controlled Substances Act, including marijuana. Texas does offer
programs for the first time offenders called diversion programs and are made to avoid harsh
penalties. Proving that there is no need to be arrested for a simple minor possession charge under
2 ounces. It would save the government money and time to give a ticket and force to take these
programs and community service, making it a win, win situation to the community and the first
time offender.
$5,000. This charge still doesnt come close to the amount of the drug possession. Would many
people agree that this is fair? If it wasnt for him having these drugs his offenses would be less
than half from what they are now.
Making a Change
The federal prison population has expanded by nearly 800 percent in the past 30 years,
supported in part by the increasing use of tougher sentences applied to nonviolent drug crimes.
U.S. Sentencing Commission, an independent federal agency, plans to vote on an amendment to
sentencing guidelines. This could help begin to lower the federal prison population, nearly half
of whom are people convicted of nonviolent drug offenses. Barack Obama commuted the
sentences of 46 men and women convicted for nonviolent drug offenses. These men and women
were not hardened criminals, Obama said in his announcement. But the overwhelming
majority had been sentenced to at least 20 years. Fourteen of them had been sentenced for life for
nonviolent drug offenses. So their punishments didnt fit the crime. A. Yuhas (2015). Having
our president support that nonviolent minor drug charges makes a huge impact on Americans
opinion, even though not everyone agrees most do. In a new Pew Research Center report, 67% of
people said government should focus more on treating people who use illegal drugs, compared
with 26% saying prosecution should be the focus. More than six-in-ten (63%) now say that state
moves away from mandatory prison sentences for non-violent drug offenders is a good thing,
versus 32% who called it a bad thing. D. Desilver (2014) Feds may be rethinking the war, but
states have been leading the way. There has been a main focus on drug crimes in these past
years, when the more focus should be shifted to burglary, gang members, assault, driving while
would be less high-speed chases, less robberies, less crime, he says. Go to Amsterdam or the
Netherlands, where it is legal, and you see that the crime rate is nonexistent, the murder rate is
probably under 10 percent, and people learn to get along! There are people riding on bicycles
being happy and it's because of the environment that's provided by the legalization of
marijuana. It is time for American to make a change.
Resources
Childress, S. (2014, April 9). Feds to Reconsider Harsh Prison Terms for Drug
Offenders. Retrieved
October 23, 2015.
Desilver, D. (2014, April 2). Feds may be rethinking the drug war, but states have
been leading the way.
Miles, K. (2014, March 10). Just How Much The War On Drugs Impacts Our
Overcrowded Prisons, In One
The Hollywood Reporter. (2012, September 26). Snoop Dogg On Smoking Pot With
His Son And Meeting
What is the Average Cost to House Inmates in Prison? (2015). Retrieved October 23,
2015.
Yuhas, A. (2015, July 13). Obama reduces sentences of 46 inmates convicted of
nonviolent drug crimes.