State Prison and Prison Chapter

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Anti-Drug Legislation Matrix

CJA/305 Version

Complete the matrix by selecting three states to add below Federal. Then, answer each question listed in the first row for each corresponding law.

Is marijuana illegal?

What are the penalties for possession of cocaine?

What are the penalties for possession of heroin?

What are the penalties for possession of prescription drugs?

What is the blood alcohol level for a driving while intoxicated (DWI) or driving under the influence (DUI) crime?

Is there extreme DWI or DUI? If so, what is the punishment?

Federal

Up to a year (1st offense)

Up to a year (1st offense)

Up to 1-3 years in jail (depending on prior record)

(although there's a push to lower to 0.05)

No

Colorado

Yes

months in prison and a fine

6-12 months in prison and a fine

Depends on substance and prior record. 1-6 years in prison and up to $500k fine

Yes (0.18). Jail, license suspension, fines and/or ignition interlock. Depends on details.

California

Yes

Up to a year in county jail (not state prison)

Up to a year in county jail (not state prison)

Up to a year in county jail (not state prison)

0.08

Yes (0.20) Jail, license suspension, fines and/or ignition interlock. Depends on details.

Texas No

Varies a lot. Ranges from 1 year in county jail and $4k fine to 99 years in prison

Varies a lot. Ranges from 1 year in county jail and $4k fine to 99 years in prison

Varies a lot.

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Ranges from 1 year in county jail and $4k fine to 99 years in prison

0.08

Yes (0.15) Jail, license suspension, fines and/or ignition interlock. Depends on details.

1. Where do you see the largest variance between federal and state anti-drug legislation?

Clearly with DUI . . . but that would seem to be mostly because federal DUI is only done when the offense occurs on federal land . . . plus the feds do not do extreme DUI, it would seem.

2. What is the purpose of anti-drug legislation in relation to public order crime?

Punish, hopefully rehabilitate or at least confine those that will not abide by the laws. Obviously, there are mixed results when it comes to those efforts.

http://www.ussc.gov/sites/default/files/pdf/news/congressional-testimony-and-reports/drug-topics/200205-rtc-cocaine-sentencing-policy/200205_Cocaine_and_Federal_Sentencing_Policy.pdf

https://fas.org/sgp/crs/misc/RL30722.pdf

http://statelaws.findlaw.com/california-law/california-drug-possession-laws.html

http://statelaws.findlaw.com/colorado-law/colorado-drug-possession-laws.html

http://statelaws.findlaw.com/texas-law/texas-drug-possession-laws.html

http://www.dui-usa.drinkdriving.org/dui_dwi_state_laws.php

http://www.westword.com/news/how-harsh-are-colorados-dui-penalties-the-20-toughest-states-8189914.....

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