Mandatory Minimum Penalties for Drug Offenses

Using fiscal year 2016 data, this publication  provides sentencing data on offenses carrying drug mandatory minimums, the impact on the Federal Bureau of Prisons (BOP) population, and differences observed when analyzing each of five main drug types. Where appropriate, the publication highlights changes and trends since the Commission’s 2011 Mandatory Minimum Report. Because drug offenses are the most common offenses carrying mandatory minimum penalties, many of the trends in this publication mirror the trends seen in the 2017 Overview Publication. 

1 Section One:

Introduction 3

Section Two:

Key Findings 9

Section Three: Drug Mandatory Minimums in the Federal System 10

Statutory Mandatory Minimum Provisions Applicable to Federal Drug Offenses 10

Penalty Provisions 11

Statutory Relief Provisions 12

Guideline Provisions 13

Section Four:

Data Analysis 14

The Commission’s Updated Study of Drug Mandatory Minimum Penalties 14

Recent Trends in Mandatory Minimum Penalties 18

Prevalence of Drug Offenses Carrying Mandatory Minimum Penalties 18

How Often Are Drug Offenders Charged with an Offense Carrying a Mandatory Minimum Penalty? 22

How Severe Were Mandatory Minimum Penalties for Drug Offenders? 24

Where Were Offenders Convicted of Drug Offenses Carrying Mandatory Minimums? 25

Offender Demographics 25 Race, Gender, and Citizenship 27 Age 27

Criminal History and Offense Characteristics 27 Criminal History 29

Offense Characteristics 30 Relief from Mandatory Minimum Penalties 32

Demographics 35 Substantial Assistance 36

Sentencing of Offenders Convicted of an Offense Carrying a Drug Mandatory Minimum Penalty 36

Average Sentence Length 40

Sentences Relative to the Guideline Range 43

Offender Function 45 Distribution of Offender Function 46

Prevalence of Offenses Carrying Drug Mandatory Minimum Penalties by Offender Function 48

Relief from Mandatory Minimum Penalties by Offender Function 50

Average Sentence Length by Offender Function 51

Impact of Drug Mandatory Minimum Penalties on the Federal Prison Population 52

Federal Drug Offender Population Overall 53

Drug Mandatory Minimum Offenders in the Federal Prison Population 57

Drug Mandatory Minimum Offenders in the Federal Prison Population – By Race 57

Drug Mandatory Minimum Offenders in the Federal Prison Population – By Gender 59

Drug Mandatory Minimum Offenders in the Federal Prison Population – By Citizenship 62

Recidivism 65 Section Five: Conclusion 67 Endnotes 79 Appendices 79

Appendix A: Drug Mandatory Minimum Penalties in Each Circuit and District 83

Appendix B: Average Age of Drug Offenders at Sentencing 85

Appendix C: Length of Drug Mandatory Minimum Penalty by Offender Function.

87 Appendix D: Powder Cocaine Offenders 103

Appendix E: Crack Cocaine Offenders 119

Appendix F: Marijuana Offenders 135

Appendix G: Methamphetamine Offenders 151

Appendix H: Heroin Offenders

United States Sentencing Commission, Law enforcement officials, attorney and lawyers engaged in representing individuals facing drug penalties, drug offenders and possible drug offenders, Drug Mandatory Minimum Penalties, Average Age of Drug Offenders at Sentencing, Length of Drug Mandatory Minimum Penalty,  Powder Cocaine Offenders, Crack Cocaine Offenders, Marijuana Offenders, Methamphetamine Offenders,  Heroin Offenders.